Many people migrate to the U.S. each year for family reunification, education, and safety. Many also come for employment opportunities. According to a Pew Research study, the U.S. foreign-born population reached 47.8 million in 2023, an increase of around 1.6 million from 2022. Check immigration services Hungary.
Another study published by USAFacts, a nonpartisan civic initiative that provides free access to government data, revealed that of the roughly 169 million workers in the United States, an estimated 32 million are immigrants. That works out to around 19% of the country’s workforce. These employment numbers among immigrants are noteworthy considering the time and steps involved in securing a Green Card, which all foreign nationals must have to work in the U.S. legally unless they have already secured an appropriate work authorization through a visa or another immigration status.
What Foreign Nationals Should Know About U.S. Green Cards
For those not already aware, a U.S. Green Card, also commonly referred to as a Permanent Resident Card (PRC), is an identity document that allows individuals to live and work permanently in the United States and apply for citizenship after being in the country for a specific period, typically five years or three years if married to a U.S. citizen. While we are on the topic, it is worth noting what differentiates a green card from non-immigrant visas, like the H-1B, L-1, and O visas. With a green card, foreign nationals can live in the U.S. and work for any employer. Non-immigrant visas, meanwhile, only allow individuals to work temporarily in specific employment categories.
Steps and Timelines Associated with Securing a U.S. Green Card
When a foreign national decides to apply for a green card, the first thing they should do is hire a licensed and experienced immigration attorney. While doing so is not necessarily a requirement, having an attorney provides access to personalized guidance that dramatically improves the odds of successfully securing a Green Card. It also significantly reduces the risk of costly mistakes commonly associated with trying to navigate U.S. immigration laws alone.
The first step an immigration attorney will take to help their client secure a Green card involves ensuring their prospective employer has initiated the Program Electronic Review Management (PERM) application process. This labor certification process is mandatory for most U.S. employers looking to sponsor foreign workers for permanent residence in the United States. The average processing time for a PERM application is 13 to 14 months. The remaining steps that an immigration attorney takes to help a client secure a green card are as follows:
Immigration petition – Once the Department of Labor approves the PERM Labor Certification initiated by a prospective employer, an immigration attorney will ensure the client’s prospective employer has filed an I-140 Immigrant Petition form with USCIS. The I-140 is part of the green card application process for EB-1, EB-2, and EB-3 employment-based immigration categories. If the employer has not filed form I-140 but has initiated PERM, the attorney can file it on behalf of the client. The average processing time for an I-140 form is around 7.6 months, according to current USCIS data.
I-485 Adjustment of Status application – Once PERM and immigration petition requirements are satisfied, the next step an attorney makes to help clients receive a green card involves checking the current priority date, which is the date a specific preference category and country become eligible for processing. The Visa Bulletin, which is published monthly by the Department of State, determines the current priority date. From there, an attorney can apply for the adjustment of their client’s non-immigrant status by filing form I-485 as long as their priority date is current. The I-485 is the official form used to request a U.S. Green Card. According to USCIS, the average processing time for an I-485 form is two weeks.
What Happens After Form I-485 Is Filed and Processed?
Filing form I-485 brings foreign nationals within striking distance of securing a green card. However, several additional things must happen first. These include receiving a receipt notice, scheduling a biometrics appointment, undergoing an interview, and waiting for a decision on their application. If everything is approved, the foreign national will be eligible for an I-551 form, also known as a Permanent Resident Card or Green Card. The total processing time for the Green Card is around 9 to 13 months. Once generated, the physical card gets mailed to the address on file for the foreign national within a few weeks.