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There are 2 main routes to permanent residence in the US: employment-based and family-based. Less common routes include asylum, diversity lottery and investment.
In most employment-based cases, you will need an employer to petition for you. Some highly-qualified foreign nationals (National Interest Waiver and Extraordinary Ability) can petition for themselves, however others need an employer to file for them.
Employment and family-based applicants are divided into different categories. In family cases, the categories depend on the family relationship. For example, married sons and daughters of US citizens are 3 rd family-based preference.
Employment cases are divided based on the type of position and re requirements. For example, foreign nationals in positions that require a master’s degree OR a bachelor’s degree and 5 years of experience are 2nd preference, or EB-2. For more details about preference categories, see here. The link is misleading in suggesting that everyone with a master’s degree is EB-2. The position must require a master’s degree also, it is not enough that the foreign national has the qualification; it must be minimally required for the job.
D. What are priority dates and how long is the wait in my preference category?
Your priority date is generally the date that the first step in permanent residence was filed for you. This usually means the date that (a) labor certification was filed; (b) an I-140 was filed (if no labor certification was required); or (c) an I-130 was filed in a family-based case. Priority dates are important because they determine your place in the queue for the final step of the PR process. The Department of State publishes a Visa Bulletin every month, showing which priority dates are “current” for the following month. You can only file the final step of the PR process if the priority date is current.
The waiting periods vary depending on your preference category and your country of birth. The latest Visa Bulletin, showing the current priority date, is here.
E. Can I travel outside the U.S. after my permanent residence (green card) has started?
If you are on H-1B or L-1 status, you are allowed to have “dual intent”. This means that you can intend to be a nonimmigrant (temporary) worker and intend to be a permanent resident. You can therefore travel in and out of the US while your permanent residence (PR) is pending, using your valid L-1 or H-1B status visa to return, without jeopardizing your PR filing. There are some restrictions on traveling when you are filing Adjustment of Status, so please check with your attorney for detailed advice.
Not all nonimmigrant statuses allow this dual intent, so please check carefully with your attorney before traveling.
F. What happens if I lose my job or change employers/locations after my permanent residence has been filed through labor certification?
If you have filed your Adjustment of Status (AOS) application (final step of the permanent residence process), and it has been pending for 180 days, you may be able to change employer and/or location. You need to contact your attorney for a detailed analysis of your situation.
If your AOS has not been pending for 180 days, or if it has not even been filed yet, any change in location or position will probably mean having to start the process all over again from the start.
