Most non-immigrants visit the US either as tourists, potential business investors (B-1/B-2 Visa) or as students (F-1). Some students also apply for the H-1B work Visa while they are on their OPT. However, most people come with a goal to work with the US and become permanent residents. Hence, the big dream is to obtain the Green Card and maintain a legal status in the country by taking different paths. Green Card is categorized into various sub-categories like EB-1, EB-2, and EB-3.
Green Card sub-categories
The difference between EB-1, EB-2 and EB-3 is that EB-1 is a Green Card petition for non-immigrants with extraordinary ability in sciences, arts, education, business, or athletics. The processing time for EB-1 Green Card application varies depending on the strength of the case and the USCIS process one selects (premium processing or the regular one). The processing timeline can vary anytime between 2 weeks to a few months. While the processing time for EB-2 and EB-3 Green Card applications is relatively longer, ranging from 6 months to 2 years for EB-2 and 2 years to 10 years for EB-3, depending on the country of birth.
Another important differentiation between EB-1 and EB-2 is that EB-2 requires the non-immigrant to hold a Master’s degree certification and a job position while an EB-1 Green Card application does not require you to have the same criteria. An EB-2 Green Card is further categorized into NIW (National Interest Waiver) and EB-2 Perm types. EB-2 Green Card application usually requires the non-immigrant to have a job offer and an approved labor certification but it is waived for the NIW which stands for the National interest of the country. The petitioner qualifies for the NIW petition if he can demonstrate the national or international importance of their exceptional ability in the field of arts, sciences or business. They should be able to prove that they are high profile and well-positioned applicants for who the standard requirement of a job offer and labor certification can be waived off. An EB-2 Perm type Green Card application requires the beneficiary to have a job offer and a Master’s degree. While an EB-1 Green Card applicant you only need to produce evidence of extraordinary credentials in your field of work or study.
With regards to Green Card EB-3 Visa application, the petitioner can apply even if they hold a Bachelor’s degree and if they qualify as skilled workers who have relevant experience in their field for at least 2 years. During the EB-1 application processing period the applicant qualifies for a change of status but for the EB-2 PERM and EB-3 PERM applicants need to have another underlying status while their applications are still pending.
Converting your current Visa status to Green Card
There are several ways to convert your non – immigrant visa into a Green Card. The petitioners who apply for various Green Card categories, come from diverse Visa backgrounds and we are here to help find creative solutions for converting your current Visa type into a Green Card. We assist with the entire process, whether you want to convert your O-1 visa to a Green Card, or obtain a Green Card from your current status as H-1B, H-2B, L-1, E-2 applicants, to name a few. We not only help you understand Visa prospects but we also assist in obtaining a Green Card from the first stage till the process completion, while you maintain a legal status in the US.
Green Card renewal application
If you are a permanent resident and your 10-year Green Card has expired or expiring within the next 6 months, we can also assist you in filing for Green Card renewal application and citizenship. If you have been a permanent resident for 5 years, you do not need to wait for 10 years to file for your permanent residency. You can do it earlier as well.
