Working on H-1B? Is a Green Card your next step?

What is a Green Card?

The Green Card isn’t a specific visa class; it encompasses several categories. Whichever one you fall under, however, holding a Green Card means you have permanent residency status in the US.

And, permanent means permanent as long as you follow local, state and federal laws as well as terms specific to your status, such as retaining residency. 

How many Green Cards are available?

The US government limits the number of Green Cards issued annually, and availability depends on the preference level for each immigration category. Additionally, it’s not a strict case of first-come-first-serve.

Within each group, there are preference levels and limits on the numbers of applicants per country of birth annually (which may be different from citizenship).

For example, family-sponsored visas have the highest preference and are allocated 226,000 visas annually.

Green Cards issued based on employment are subject to a cap of 140,000 globally. Individual countries receive 9800 of that number, whether they have large populations (like China and India) or smaller populations (like Norway and Benin).

This combination of factors and levels leads to a great deal of competition for a limited number of Green Cards. It’s also the key reason to begin the Green Card application process early if you’re sure it’s what you want. 

Who’s eligible to apply for a Green Card?

The majority of employment applicants fall under one of the 3 preference tiers of the Immigrant worker sub-category. 

The difference between employment visa preference levels

Each immigrant worker preference level has:

• A different visa classification (E-B1, E-B2 or E-B3), though they’re all Green Card categories.
• 2802 visas per country (of birth, not citizenship) annually.
• Varying eligibility requirements, making some preference levels more competitive than others.

The more education and experience you have, the higher you fall within this preference structure, and the sooner you’ll be able to apply, and hopefully, receive your Green Card. 

What is the Diversity Immigrant Visa Program?

The US also has a Diversity Lottery (DV) programme with 50,000 Green Cards available for nationals of under-represented countries. You can begin the process of applying for your E-B2 (or relevant visa class) and participate in the DV lottery annually if you choose. But, before you do, here’s what you need to know:

• Only nationals of under-represented countries are eligible to apply - and these can change from year to year. Countries like Brazil, China, India, Pakistan and the United Kingdom (excluding Northern Ireland) are usually excluded. See if your country has eligibility here.

• Eligible countries receive a quota of 7% of the total DV visas issued for the year (the number changes annually based on the number of eligible countries).
• If you’re selected, your spouse and dependents (who were on your lottery application) are also selected.

• Entry into the DV lottery is free (though you’ll pay for processing if you’re selected), but you must submit a new application annually as they don’t rollover.

• Details regarding the current year’s lottery are released in October, and the lottery itself takes place over November and December (specific dates change annually).

• Winning the lottery doesn’t automatically equal a Green Card. You must still meet the minimum criteria for immigration if selected (such as having a high school diploma or relevant years of work experience).

Keep in mind that several million people enter the DV lottery annually - and they’re all from under-represented countries. Your chance of “winning” varies from year-to-year based on the number of applicants.

The DV lottery isn’t necessarily the only immigration strategy you want to pursue - especially if you qualify for another category (such as the E-B1, E-B2 or E-B3).

It’s best to consult an immigration attorney before entering the DV lottery or beginning the application process for any Green Card class. 

What are the chances you’ll get a Green Card?

In general, anyone who wants a Green Card and meets basic criteria can apply. The 3 basic criteria require that you:

• Don’t pose criminal, health, security or financial threats to the United States.
• Have not previously broken American immigration regulations.
• Meet the minimum standards for the class you wish to apply under (such as education, family relationships, or minimum financial investment)

Simply meeting these obligations doesn’t guarantee you a Green Card. Moreover, there aren’t any odds or stats you can use to predict whether you’ll make it through.There are many paths to permanent residency and the number of applicants in the running changes daily.

However, if you wish to remain in the US on the career path that you’re on, you don’t have any other choice but to apply for a Green Card, whether you pursue an employment-based, family based, investment-based or any other permanent resident category. 

Ready to apply for your Green Card?

Because Green Card applications take years to complete, many working internationals hope to begin as soon as they receive their H-1B visas - in other words, as soon as it’s safe to do so.

But, you should be absolutely certain it’s the path you want to follow before you start the process. You’ll especially want to consider:

• Your employer starts the process and files the initial petition for you. This costs time and money. And, your employer must advertise a job opening for your position, which could put you out of your current job.

• After your employer petitions to start your Green Card application, you’ll need to stay in your current position (or very close to it) until it’s time to submit your application - which can take years. This limits promotions, raises and the ability to move between states.

In some cases, it makes sense to work for a few years on your H-1B to ensure your job and location are a great match for your goals and priorities. After you receive your H-1B, chat with your employer, your immigration lawyer and any relatives involved in your decision before launching an application.

When you’re 100% to begin, here’s what you need to know to apply for your Green Card - and what to do if your H-1B will expire before you can submit your application. 

Do this 1 thing while waiting for your Green Card

As Green Card processing can take years, most applicants put a lot of energy into improving their credit profiles. If it hasn’t been your focus before, it’s critical to get started now.