Frequently Asked Questions about Applying for Legal Permanent Residence in the US

Detailed information can be found on USCIS' website at www.uscis.gov/green-card/green-card-processes-and-procedures/fiscal-year-2023-employment-based-adjustment-of-status-faqs

NO. Permanent Residence is tightly limited, with preference given to close family members and professional skilled workers. It is possible to become a permanent resident of the US in a few ways:

You may file multiple green card applications at the same time.

What are the categories?

Priority Workers (EB-1)
(Labor Certification is not necessary)

Extraordinary ability in arts, sciences, education, business, or athletics
Outstanding Professors and Researchers
Multinational Executives and Managers

Advanced-degree Professionals
(Labor certification is required unless waived "in the national interest")

Professionals holding advanced degrees
Employees of exceptional ability in the arts, sciences or business

Professionals holding basic degrees, Skilled Workers and other Workers (EB-3)
(Labor Certification is required)

Professionals holding bachelor degrees
Skilled workers with at least 2 years of training/experience
Unskilled workers

Special Immigrants (EB-4)

Includes ministers of religion, religious workers, certain former U.S. government and international organization employees.

Investors (EB-5)

Individual is required to invest at least $1.8 million in capital and employ 10 or more U.S. workers.

Can I apply for a "green card" and still reenter the US in H-1B status?

Does employment-based PR take a long time?

IT DEPENDS. In general, Permanent Residence through Employment is a three-step process: 1. If you are being sponsored by Temple, the University (through the attorney) files an Application for Permanent Employment Certification ("labor certification, otherwise known as PERM") with the Department of Labor (DOL). In some cases, a provision of the DOL regulations, called "special recruitment," provides unique eligibility requirements for international faculty whose job responsibilities involve some actual classroom teaching. To qualify for special recruitment, the University must file the application for labor certification (Form ETA 9089) within 18 months of the date the foreign candidate was selected as the most qualified candidate for the position. If you are filing a self-sponsored petition, you will skip this part of the process. 2. Following PERM approval, the University files an Immigrant Petition for Alien Worker (Form I-140) with USCIS. The University must show that the employee is qualified for the job, holds the appropriate degrees, and has the required experience as described in the labor certification. An individual self-filing for a green card would skip the labor certification (PERM) and begin the process by filing a Form I-140. 3. Upon approval of the immigrant petition, the employee and the employee's spouse and children must each file an application for adjustment of status (Form I-485) with USCIS or for an immigrant visa at a U.S. consular post abroad. In some cases, the I-485 may be filed concurrently with the I-140. USCIS or the consulate reviews the applications, conducts background checks on all applicants, and finally grants permanent resident status. A few months later, the new permanent residents will be issued their green cards.

International Studentand Scholar Services

International Student
and Scholar Services