Residency Permits: Temporary and Permanent
Whether it is an employment contract or family ties, if you are looking to obtain a temporary or permanent residence status, you do need a reason to stay in the country. That is unless you qualify and win the green card lottery.
Temporary Residence Permits
The most common temporary residence visas are employment-based. Refer to the section above to find out about the typical requirements and fees for residence visas based on work.
These are other visa types that allow you to live in the country for a set period of time:
- Attendants, servants, personal employees of diplomatic and other government officials and immediate family
- Visitors for business or pleasure
- Dependents of treaty traders, treaty investors, and their employees
- Dependents of skilled professionals from Australia
- Attendants, servants, personal employees of foreign government officials and immediate family
- Dependents of temporary skilled or unskilled workers and trainees
- Spouse of U.S. Citizen and minor child accompanying/following to join
- Dependentsof intracompany transferees
- Parents and children of certain people who have been granted special, immigrant status
- Attendants, servants, personal employees of NATO representatives, officials, employees, and immediate family members
- Dependents of aliens with extraordinary ability and their assistants
- Dependents of athletes and entertainers
- Dependents of religious workers
- Certain second preference beneficiaries
- Dependents of Canadians and Mexicans under the North American free trade agreement (NAFTA)
Family members and other dependents of work visa holders should apply for the same visa as the employed individual. In this case, no petition is necessary, and the main requirement is usually the proof of relations with the primary visa applicant. There also must be proof that the employed individual will be able to support the dependents once in the US.
How to Apply for a Temporary Residence Permit Extension
You can apply for an extension of these visas if you meet the following requirements:
- You were lawfully admitted into the United States as a nonimmigrant.
- You have not committed any act that makes you ineligible to receive an immigration benefit.
- There is no other factor that requires you to depart the United States prior to extending status.
To apply for an extension of your temporary visa, you must file the application form I-539 either online using the USCIS ELIS or by mail. The fees may vary between the various visas. These can go from 160 USD to 265 USD, but you can check all the visa fees for nonimmigrant visas here.
How to Become a Permanent US Resident
There are three ways you can become a permanent resident in the US:
- Through an employment-based application
- Through a family-based application
- Through the green card lottery
All of these approaches are comprised of a few stages, which means that the process can take a long time and you will need to be patient. In order for the procedure to go smoothly, make sure that the information you provide is accurate and supported by additional documentation.
Once you receive your permanent residence card, you are required to carry it with you at all times. Note that while residency is permanent, the card itself is valid for only ten years and will have to be renewed.
US Permanent Residence Benefits
Getting permanent residence in the US:
- Grants you the freedom to change jobs without the need of additional approvals.
- Allows you to freely move within the country.
- Makes it easier to re-enter the US after traveling abroad.
- Gives you a chance to sponsor the residency of your relatives.
How to Get Permanent Residency in the US Through Employment
Workers that apply for permanent residence in the US are classified into five different categories. Some of these categories require you to already have a job offer as your employer needs to petition for you (form I-140). In most cases, you will also need a labor certification (ETA 9089). In it, your employer will need to prove that
- no other US worker with appropriate qualifications and salary expectations was willing to fill your position;
- hiring you will not affect the wages of the rest of the employees.
US Employment-Based Permanent Residency Types
First Preference EB-1
Eligible applicants:
- Individuals with extraordinary ability (outstanding entertainers, sportsmen, or businessmen)
- Outstanding professors and researchers
- Multinational managers or executives
The US permanent residence visa EB-1 eligibility requirements:
- Provide evidence of widely recognized achievements in the field (extraordinary ability).
- International recognition of outstanding achievements and three years of experience teaching or researching the appropriate academic field (professors and researchers).
- Three years of employment (in a management or executive position) before entering the US, with at least one year at the company the applicant is seeking to continue working for when in the US (managers and executives).
The necessary application documents:
- In case of extraordinary ability, you can petition for yourself by filing form I-140.
- If you are seeking permanent residence in the US as a professor, researcher, executive, or manager, your employer will need to petition for you by filing form I-140.
Second Preference EB-2
The US permanent residence visa EB-2 eligibility requirements:
- The job must require an advanced degree and you need to have it; or
- You must show exceptional ability in your field; or
- Be eligible for a National Interest Waiver.
People who show exceptional abilities in their field and whose employment would benefit the US can apply for a National Interest Waiver. That means that their Labor Certificate would be waived as their work is advantageous to the country.
You are eligible for the waiver if you meet at least three of the following criteria:
- Have a certificate of exceptional abilities from an educational institution.
- Own a license or a certificate that allows you to practice your occupation.
- Have ten years of experience in your occupation.
- Have received salaries or other payments for your exceptional abilities.
- Are a member of a professional association.
- Have received recognition for your achievements from your peers, business organizations, or the government.
- Other comparable evidence of eligibility.
The necessary application documents:
- Your employer will need to petition for you by filing form I-140.
- Unless you qualify for a National Interest Waiver, you will need to obtain a Foreign Labor Certification (ETA 9089).
Third Preference EB-3
Eligible applicants:
- Professionals (accountants, engineers, teachers, etc.)
- Skilled workers (cooks, mechanics, drivers, etc.)
- Unskilled workers (waiters, janitors, factory workers, etc.)
The US permanent residence visa EB-3 eligibility requirements:
- The US baccalaureate or an equivalent foreign degree that allows you to do a job that other qualified US workers are unavailable for (professionals).
- Two years of job experience or training that allows you to do a job that other qualified US workers are unavailable for (skilled workers).
- The ability to perform unskilled work of permanent and unseasonal nature that requires less than two years of training for which other qualified US workers are unavailable (unskilled workers).
- A full-time job offer.
The necessary application documents:
- Obtain a Foreign Labor Certification (ETA 9089).
- Your employer needs to petition for you by filing form I-140.
Fourth Preference EB-4
Eligible applicants:
- Broadcasters
- Armed Forces members
- Ministers of religion
- G-4 or NATO employees and their family members
- International employees of the US government aboard
- Special immigrant juveniles
- Panama Canal Zone employees
- Certain physicians
The necessary application documents:
- Your employer needs to petition for you by filing form I-360.
Fifth Preference EB-5
Eligible applicants are entrepreneurs who:
- Invest 1 million USD into a general US enterprise or 500,000 USD into an enterprise in a rural or a highly unemployed area; and
- Create full-time positions for at least ten employees.
The necessary application documents:
- You need to petition for yourself by filing form I-526.
How to Get Permanent Residency in the US Through Family
If a close family member of yours is a US citizen or a lawful permanent resident, seeking their support when applying for the US green card could be an option. In this case, your relative will need to sponsor your stay in the US. However, there are a few requirements you and they need to meet in order for your family-based application to be approved.
There are two types of family-based visas you can apply for: immediate relative (IR) visa or family preference (F) visa. Both types have their own classifications that depend on your relationship with the petitioner.
Immediate Relative Visa Types (No Immigration Cap)
- Spouse of a US citizen (IR-1)
- Unmarried children of a US citizen (under 21 years old) (IR-2)
- Child from abroad adopted by a US citizen (IR-3)
- Child to be adopted in the US by a US citizen (IR-4)
- Parents of a US citizen that is 21 years old or older (IR-5)
Family Preference Visa Types (Immigration Cap)
- First preference (F-1): Unmarried sons and daughters of US citizens and their minor children, if any (23,400);
- Second preference (F-2): Spouses, minor children, and unmarried sons and daughters of lawful permanent residents (114,200)
- Third preference (F-3): Married sons and daughters of US citizens and their spouses and minor children, if any (23,400);
- Fourth preference (F-4): Siblings of US citizens and their spouses and minor children (65,000).
Once the annual limit of immigration visas is reached, the applicants will have to wait for new slots to become available. When they are, the applications will be processed chronologically.
Note that the process to obtain a permanent residence visa in the US for spouses of the same sex is the same as for spouses of the opposite sex.
Petitioning for a Permanent Residence Visa for a Family Member
As mentioned earlier, your petitioner can be a lawful permanent resident or a US citizen. In order to petition (form I-130), they will need to provide:
- Proof of their legal status in the US (copies of birth or naturalization certificate, a US passport, a permanent resident card, etc.).
- Evidence of your relationship (copy of marriage or birth certificate).
- If petitioning for a spouse, you will need to provide evidence that your marriage has been made in good faith (proof of joint finances or property ownership, a joint lease, birth certificates of your children, etc.).
The Affidavit of Support
In order for you to be granted permission to stay in the US permanently, your petitioner will need to prove that they have sufficient funds to support you. They have to do that by filing form I-864 or the affidavit of support.
A sufficient amount of funds constitutes a household income that is at least 25% higher than the US poverty levelat the time. The poverty level threshold depends on the size of your household and the set amount changes each year.
If you cannot meet the necessary level of income, you can make up for it with the value of your personal assets. Those can be money in savings accounts, property, bonds, and stocks. However, the criteria for the assets differ from the income criteria. To calculate the amount of money the value of your assets needs to cover follow the formula:
(125% of the US Poverty Level – Your Household Income) x 5 = The Cash Value of Your Assets
The affidavit of support will require the petitioner to present a copy of their most recent income tax return. Other required documents might include proof of employment, a copy of a US passport or a permanent residence card, and documents establishing ownership and value of your assets.
Once the affidavit is signed, the sponsor will be financially responsible for the permanent residence applicant until they receive their green card.
Diversity Immigrant Visa Program (the Green Card Lottery)
If you do not qualify for employment or family-based visas, you can take your chances with the Diversity Immigrant Visa Program, also known as the green card lottery. The US government runs this program in order to diversify the migrants that are settling in the country. Millions of people enter this lottery each year with the hopes of being granted a permanent resident card even without prior residency in the US.
To qualify for the lottery, you only need to meet two requirements:
- The applicant must be native of one of the qualifying countries.
- The applicant must meet the education or work experience requirements.
The list of qualifying countries is updated each year according to the number of each country’s immigrants that get accepted to the US in the last five-year period. If the number exceeds 50,000, the said country’s nationals cannot participate in the lottery.
To meet the education requirements the applicant must hold a high school diploma or an equivalent. Two years of work experience in the last five years also makes a person eligible for the green card lottery. However, only certain occupationsqualify for the work-related eligibility. The job has to require at least two years of training and needs to be classified under a specific job zone by the US Department of Labor.
The entry period dates change each year, but you can expect it to be around October or November. You can find out whether your entry was successful around May. The cap for accepted permanent residents is 50,000 people per year. The selection of applicants is computer-generated and randomized.
How to Enter the Green Card Lottery
You can submit your entry to the Diversity Immigrant Visa Program online. You, your spouse, and your unmarried children under 21 years old can enter the lottery under one application. Once you complete your application, the computer will generate a confirmation number that you are required to keep as it is the only way to check your application status. Entering the green card lottery is completely free of charge.
However, getting your application approved is only the beginning. When you find out that you are the lucky entrant, that is when the application process really begins.
Upon receiving your entry confirmation, you will be assigned a DV case number that you will need to use when signing form DS-260. This is the form you and the family members you have mentioned in the first online entry need to complete in order to officially apply for the diversity visa. After you fill in the form, print the confirmation page as you will need to present it in your visa interview.
Before Your Interview
Before you go to your visa interview, there are a few things you must do:
- Mail in the copies of official documents that support your application (birth certificates, criminal records, evidence of military service, and police certificates indicating residence);
- Complete a medical examination by an authorized doctor and get all the necessary vaccinations;
- Pay the Diversity Visa fee.
Your visa interview will be held in your local embassy or consulate and you will be notified about the exact time and date. All the applicants that are submitting their entries alongside with you need to be present during this appointment.
What to Bring to Your Interview
- Interview appointment confirmation
- Two passport-style photographs
- Form DS-260 confirmation page
- Your valid passport (and passports of applicants that apply with you)
- The originals of documents you sent in prior to the interview
- Medical exam results (in a sealed envelope)
- English translations (if applicable)
- Other documents (evidence of education and work experience, marriage certificate, etc.)
When your visa is approved, it will be placed in your passport and returned to you. You will also receive a sealed immigrant packet that you will need to present to border control upon entering the US. Keep in mind that you will not be able to enter the country unless you pay the US Immigrant Fee prior to your travel date.
You have six months after receiving your green card to travel to the US.
Application Process for US Permanent Residence: Adjustment of Status
When seeking permanent residence in the US, in some cases, you will be asking the government to change your worker status from temporary to permanent. The following steps explain the process of getting your permanent residence status in the US while you are in the country. However, if you are outside of the US when applying for permanent residence, you can do so through consular processingwhich you can learn more about below.
Step One: Get Your Petition in Order
If you are applying for an employment-based visa, you or your employer needs to file a petition for your permanent residence (form I-140). If your permanent residence status depends on your family, then it is your relative who needs to petition for you (form I-130). Note that forms differ if you apply for a fourth (form I-360) or fifth (form I-526) preference employment-based visa.
Step Two: Pay the Fees
Before you can submit the paperwork for the adjustment of your status, you will need to pay the appropriate fees for the document filing and the recording of your biometrics. The process should cost you around 2,000 USD, without accounting for the attorney and other additional fees. Exact costs are quoted in the tables below.
Step Three: File the Application to Register Permanent Residence in the US
Applicants seeking family-based or work-based visas that do not require labor certification can submit their applications once their petition is filed. Other employment-based visa applications are accepted once the applicant’s labor certification is received by the US Department of Labor. However, all of the applicants will still need to wait for a confirmation on whether there are enough visa slots available before they proceed. The US government provides updates on visa availability online.
The documents you need when filing your US permanent resident application (form I-485):
- A copy of your passport.
- A copy of your birth certificate.
- A document issued by an immigration officer that states you have been either “inspected and admitted” or “inspected and paroled”.
- Proof of your petition.
- Proof that you have maintained the status of lawful immigrant throughout your stay in the US.
- Two passport-style photos.
- The affidavit of support (if applicable).
- Confirmation of a job offer (if applicable).
- Police and court records of all your criminal charges if you have any.
- If you petition for yourself, you need to present a signed statement that you intend to work in the field of your occupation.
The dependent family members of the applicant will need to present:
- Items listed above.
- Proof of relation to the main applicant (birth certificate, marriage certificate, church records, etc.).
- If you are filing the documents separately from the main applicant, you will need to present documentation proving the main applicant’s immigrant category and the copy of their filled in form I-485.
- If applicable, evidence of previous marriages.
Keep in mind that in order to adjust your status from temporary to permanent residence, you need to be physically present in the US.
Step Four: Submit Your Biometrics
After your application is submitted, you will receive a notice in the mail requiring you to record your biometrics at the local Application Support Centre. The biometrics include fingerprints, photos and/or signatures. They are taken in order to verify your identity and check your background information. During the appointment, you will also be asked to approve that all the information you provided in your application is true.
The date, time, and place of your appointment will be indicated in the notice. You should bring your notice and your photo ID with you when attending the appointment.
Step Five: Attend the Interview
Another notice will be mailed to you, this time, indicating the date, place, and time of your interview. The interview is conducted in order for you to approve that the information provided in the form is still correct. In case of any changes, the interviewing officer will allow you to make alterations in the form and provide explanations for them. The officer might also ask you to clarify information that was not addressed or completed in your application form.
If you are applying for family-based permanent residence, your petitioner will be required to attend the interview as well.
In special circ*mstances, the request for the interview might bewaived. After the interview, you might be asked to provide additional evidence to support the information you have provided.
Step Six: Receive Your Residence
Once the interview is complete and all the documents are in order, the waiting begins. While there is no set time on how long officers can take to make a decision about your application, Immigration Services strive to do it in roughly four months. You can check the status of your application online or by calling the contact center. In total, the whole application process can take from six months to about a year.
Note that you cannot leave the US while your application is pending without informing Immigration Services. To do so, you need to apply for a travel document by filing form I-131.
If your application is approved, you will first be notified about the approval and, later on, will get your permanent visa card (green card) in the mail. If your application is denied, in most cases, you cannot appeal the decision. However, you can file a motion to request a reconsideration (form I-290B).
Once you receive your permanent residence card, you are required to carry it with you at all times. After issuance, the card is valid for ten years.
The Application Process for the US Permanent Residence: Consular Processing
If you do not reside in the US when seeking permanent residence, you will need to go through consular processing in order to get your green card. In general, the process is similar to the adjustment of status, however, the forms and the fees differ from one another.
The main difference is that instead of application form I-485, you will need to submit form DS-260. This application requires similar personal details such as your address, marital status, criminal record, education and work experience, and other information.
However, before the application can be filed, you will need to get yourself an agent that can represent you during your visa processing. It can be your family member, a friend, or an attorney. To do so, you need to complete form DS-261.
Required Documents
After paying the fees for the appropriate form and processing, you will need to get all the documents (and their translations if applicable) that support your application. These include:
- Passports
- Birth certificates
- Marriage certificates
- Criminal records
- Military records
- Police certificates indicating your residence
- Proof of financial support (if applicable)
The documents can be submitted through mail, e-mail, or an online application center. You will be notified about the appropriate method you should use. Then, an interview at a local embassy or consulate will be scheduled.
While your biometrics will be recorded during your interview, you do need to go through a medical examination before you attend your embassy appointment. You also will need to order courier services to deliver your passport back to you once the processing is over. When getting ready for the interview, do not forget to bring all the necessary documentswith you.
After your application is approved, you will get your passport back with the visa already in it. Additionally, you will also get a sealed immigrant packet that you will need to present to the border control officer once you arrive in the US. You need to enter the country within six months after the issuance of your permanent residence.
The US Permanent Residence Fees
If you live in the US, the following payments can be made online, by mail, or in person. If you are applying from outside the US, different rules apply, so make sure to contact your local embassy or consulatefor more information.
Document Filing FeesName of the FormPrice (USD)I-130 Petition for Alien Relative535I-140 Immigrant Petition for Alien Workers700I-290B Notice of Appeal or Motion635I-360 Special Immigrant Petition435I-485 Permanent Residence Adjustment of Status Application750 – 1,140*I-526 Immigrant Petition by Alien Entrepreneur3,675
Visa Processing FeesName of the VisaPrice (USD)Family-based application (I-130 petition)325Work-based application (I-140 petitioners, I-526 self-petitioners)345Other applications (I-360 self-petitioners, special immigrants, etc.)205
*Depending on the age of the applicant
Note that you should not pay any fees unless instructed to do so.
