Adjustment of Status (AoS) is what you need to apply for permanent residency, while inside the US on a nonimmigrant visa.

The provision of becoming a permanent resident of the US, lawfully, is laid under **section 245(i) of the Immigration and Nationality Act (INA)**. 

In this article, you can discover the benefits, requirements, and steps of Adjustment of Status (AoS). So keep reading to learn how AoS can benefit you and take the first step toward becoming a permanent resident!

Note: By referring to "You" throughout the article, we mean the “beneficiary”.
## Why You Should Do Adjustment of Status
Making the US your home can come with lots of perks and benefits. These perks can only be availed when you apply for an adjustment of status of your temporary visa, **to become a Green Card holder through [employment](https://www.grapelaw.com/visas/employment-based) or [family](https://www.grapelaw.com/visas/family-green-cards).**

### No Need to Leave the U.S.
By filing your adjustment of status application, you may not need to leave the US for getting permanent residency, thus **saving lots of time, stress, and expenses.** 

You can complete all the paperwork, and interviews for permanent residency while you are in the US on a nonimmigrant visa, through this process.
 
### A Streamlined Process
AoS is a streamlined process of getting a Green Card that is more convenient than the consular process of getting an immigration permit from your home country.

Even if the advantages of getting a Green Card through AoS are a plus, **applications from your home country take less time during the process.**
### Access to Employment Opportunities
 AoS, which results in obtaining a permanent residency, provides you with **larger and more diverse job opportunities**, thus enabling greater career growth. 

After adjusting your status, you do not need a work visa or sponsorship every time you change your employer.

See also [the difference between Green Card and Non-immigrant visa](https://www.grapelaw.com/library/content/green-card-vs-visa-2023)
### Ability to Travel Freely
While you’ve applied for permanent residency through the process of AoS, it would ensure that you don't need any additional paperwork or visa process every time you travel inside the US. 

You can travel outside of the US also while your AoS is pending in case of unavoidable circumstances or an emergency only. This can be done by obtaining an additional advance parole document (or travel permit). 

**We recommend you not to travel outside of the US while your status is pending,** as USCIS considers going outside of US, while the application is under review as equivalent to abandoning the application.  

Worth reminding that absence of more than 6 months from the U.S. may break the continuity of your residency. For more information visit [uscis.gov](https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-3#:~:text=Absence%20of%20More%20than%206,the%20continuity%20of%20such%20residence.) web page.
### Government Benefits
A pending permanent residency status still gets you essential government benefits, like Social Security, and Medicare. 

Apart from these perks, you get a few extra benefits while your AoS is pending such as

- You can apply for Advance Parole. This allows you to travel abroad while your application gets approved.
- Even if your nonimmigrant visa expires during the pending status, you can still legally live in the US.
- You can work under any U.S. employer.
*Depending on your Green Card category, you may be obliged to work for your sponsorship in a period of time.*
## Adjustment of Status Requirements
You must fulfill a few general requirements in order to qualify for an application to AoS. 

- You must be **physically present,** at the time of the petition, in the United States.
- You must **not have inadmissibility grounds** for adjustment of status.
- You, while being an alien, must possess an approved immigration petition.
- You must have **entered the US legally** during the interim residential period (i.e. while being a nonimmigrant)
- Your petition shall qualify and will be subject to the availability of a Green Card **within a particular numerical annual quota.**

Additionally, there shouldn't be any change(s) in circumstances that could negatively affect your adjustment of status. 

## Two Broad Categories of AoS Petitions
The two broad categories for classification of the petitions AoS is based on the kind of relationship that the beneficiary immigrant possesses with the U.S. sponsor. 

The US sponsor, who is also the “petitioner”, can be the family relation of the beneficiary, or their employer.
### Family-Based Petition Category
There are two subcategories of AoS petitions that you can consider under Family-based petitions.
#### Immediate Relative Petition
This subcategory applies to the immediate **family members of a US citizen only.** The beneficiaries under this category are given special immigration priority. And an unlimited number of visas are available throughout. 

If you are a US citizen, you can file for an immediate relative petition on behalf of your parent(s), spouse, child (unmarried, below 21), or stepchild (or an adopted orphan). 

As a petitioner, you will be required to file an I-130 petition on behalf of the beneficiary and be required to show proof of your US citizenship and evidence of your relationship with the beneficiary. 

**While filing an I-130 petition, you can simultaneously apply for AoS.** 

Filing the I-130 petition assures USCIS, in proof, that you possess an immediate family relationship with the petitioner (a US citizen). 

While the function of the status adjustment application is that the beneficiary doesn't possess any admissibility issues which might affect his/her approval and that the background checks have been conducted to ascertain the beneficiary's complete identity.

#### Family-Preference Petitions
Family Preference Petitions **are meant for more distant family relationships.** These petitions are reserved for U.S. citizens and lawful permanent residents. These are few in number and have more wait time associated with them in comparison with the above category.
Qualifying family relationships with the beneficiary include- 

- **F1** - Son or Daughter (21 or above, unmarried), of U.S. Citizens 
- **F2A** - Spouse; Unmarried Son, Unmarried Daughter (under 21), of Permanent Residents
- **F2B** - Adult and Unmarried Daughters and Sons, of Permanent Residents 
- **F3** - Married son or daughter (any age), of U.S. Citizens
- **F4** - Brother or Sister, of Adult U.S. Citizens

You will be required to establish your relationship with the beneficiary. And must pledge to sponsor the beneficiary family member to the US. Also, you must assure that they are free of inadmissibility issues such as the absence of health, immigration violations, and criminal record issues. 
### Employment-Based Preference Petitions
The Employment-based (EB) preference immigrant categories are reserved for those aliens who wish to get permanent resident status through EB visa categories. An alien’s status can be adjusted to permanent residency, while they’re in the US working under different professions.

There are three kinds of employment categories that are applicable for adjustment. 

- **First preference (EB-1)** - These include priority workers, such as aliens with extraordinary abilities, outstanding professors and researchers, and multinational executives and managers.
- **Second preference (EB-2)** - EB-2 include people holding advanced degrees in various professions.
- **Third preference (EB-3)** - This category includes skilled workers, and professionals not included in EB-1 and EB-2.
- **Fourth Preference (EB-4)** - Exceptional applications. Mostly used for religious workers.
- **Fifth Preference (EB-5)** - Permanent residency through high amount of investment.

You, as a self-petition, or your employer should fill out Form I-140, Immigration Petition for Alien Worker along with Form I-485, in order to qualify.

If you are not sure about which petition you should file, you should contact an experienced immigration attorney who shall help you at each step of the application process. Nevertheless, we have simplified the steps for AoS below.
## Steps for Adjustment of Status
### Determine If You are Eligible for Green Card
Firstly, you need to check your (beneficiary's) eligibility for Green Card. You can check this by giving a glance at various immigrant categories.
 
It is of utmost importance for you to know which category is applicable to you, as each category has a different set of requirements, failing which your application might not move further.

Check your Green Card eligibility categories from [USCIS](https://www.uscis.gov/green-card/green-card-eligibility-categories).
### File an Immigrant Petition for the Beneficiary
Now that you have checked your eligibility, it's time that you consider filling out two forms 

- Immigrant Petition: Form I-130 or Form I-140
- Adjustment of Status: Form I-485 

The immigrant petition form will be filled on your (beneficiary) behalf by a US citizen, or a lawful permanent resident (Green Card holder) of the US. 

There are various types of petition forms that depend on the relationship of the beneficiary in the context of the petitioner. 

For example, if you are an alien relative, then your immigrant petition form will be Form I-130; Form I-140 for an alien worker; Form I-929 for a Family member of a U-1 Nonimmigrant. 

After your immigrant petition is approved, you can move on to fill out the AoS form i.e. Form I-485. Sometimes Form I-485 can be filled simultaneously with the Immigrant Petition Form, or while the latter is pending. **This is called "Concurrent Filing"**

### File Form I-485
You can file Form I-485. This is a formal application for adjustment of status. As noted earlier, you must be residing in the US for filing this form.
### Take your Application Support Center (ASC) Appointment
You will need to go for your biometrics after filing Form I-485. The USCIS will notify you of the date(s), time, and location on which your biometric is to be done.

They will ask you to come to a local **Application Support Center (ASC)** for the metrics.The biometrics largely include your fingerprints, photograph, and signature, so that USCIS can establish your identity for background and security checks.
   
In case you are not available on the notified timings, you need to notify USCIS and request to reschedule your appointment, failing which your Form I-485 may get nullified.
### Attend Your Interview
In certain cases, USCIS will call you for an interview. They will ask you to take an oath and affirmation with regard to Form I-485.
 
You (beneficiary) will be required to be accompanied by your petitioner (lawful permanent resident or citizen of the US).

Both of you must carry all the documents that you submitted with Form I-485, in original. This may include- passports, travel documents, Form I-94.
### Check Your AoS Status
Once you are done with all the formalities, you can wait for the formal approval of your Status. You may check your status through a [dedicated online portal](https://egov.uscis.gov/casestatus/landing.do), or by calling USCIS Contact Center at 800-375-5283.

You need to keep the details such as receipt number, A-number*, name, and date of birth handy for reference.

***A-number** is an Alien Registration Number. It is a seven to nine-digit unique identification number provided to you (a noncitizen) by USCIS. This number is used for identifying, referencing, and tracking immigration files. It looks something like- A012345678*
### Final Decision
USCIS is the authority to make the final decision on your Green Card application. Once they approve your application, they will send you an Approval Notice in writing. 

After you get the Approval Notice, a little later, you will receive your actual Green Card, congrats!

All the above steps are crucial for a successful Adjustment of Status (AoS) application. If you have difficulty following or want to get more clarity on the steps above, consider getting a consultation with an experienced immigration attorney.
## Adjustment of Status Timeline
If you are wondering how long it takes to get the status of your residence permit adjusted, that depends on several factors, such as- the type of application, the number of people applying, and your individual circumstances.

Often, the processing time is slow. However, you may consider the following as approximate timings for adjustment of status.

- **Alien Relative (Form I-130)** - 15 months
- **Nonimmigrant Worker on H-1B visa (Form I-129)**- 2 months
- **Alien Fiancé (Form I-129F)**- 16.5 months
- **Alien Worker on E31/E32 Visa**- 7.5 months
- **A Family Member of U Nonimmigrant** - 27 months.

Note: The above timeline is for California Service Center, and are approximate dates of processing. The processing time highly depends on the Service Center, or the Field Office that you have applied from. Currently, there are 5 Service Centers that you can apply from. 

You can calculate the processing time for your application on [USCIS](https://egov.uscis.gov/processing-times/).
## Working with Grape Law for Adjustment of Status

The immigration process can be complex and tedious. While you can always get support through your petitioner, consulting with an Immigration Attorney can make the process more fruitful and hassle-free.

An immigration attorney would make you understand all the legal requirements, take care of your documentation, and appear successfully for any appointments.

So don't leave your future in the hands of chance. Contact our immigration advisor so that all the needs are fulfilled, and requirements are met. [Schedule a consultation](https://calendly.com/grapelaw) with us and take the first step toward obtaining your Green Card today.

## FAQ
**What are the Benefits of Filing an Adjustment of Status?**

Adjustment of status (AoS) puts you in the process of becoming a permanent resident of the US. While your status is pending, you can still work and travel freely across the US lawfully.

**How Long Does Adjustment of Status Take?**

It typically takes 12 to 24 months (excluding exceptions), depending on the type of application and other factors.

**What are the Steps for Adjustment of Status?**

Firstly, you check eligibility categories, Then you submit Form I-485, gather supporting documents, attend the biometric appointment, and wait for the decision.

**What is the Difference between a Change of Status and an Adjustment of Status?**

Change of Status is when you apply to change your nonimmigrant status to another kind of nonimmigrant status.
Adjustment of Status is when you apply for changing a Nonimmigrant to an Immigrant (Green Card) status.

**What are the Inadmissibility Grounds?**

Inadmissibility from applying is a situation due to which you may be denied access to becoming a permanent resident. The bar to adjustment can include an undesirable and unlawful means for entry to the US, and commitment of an act of violation.

**What is Concurrent Filing?**

When you submit Form I-130 and Form I-485 simultaneously, it is called Concurrent Filing.

**What Happens if the AoS is Denied?**

You can file an appeal or a motion to reopen or reconsider if your application is denied.






Adjustment of Status (AoS) is what you need to apply for permanent residency, while inside the US on a nonimmigrant visa.

adjustment of status requirements and steps

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Adjustment of Status Requirements and Steps

Coming to the U.S. requires different documents depending on your purpose of visit. If you are looking for a temporary stay, you should explore non-immigrant visas to see which one is better for your visit. However, if you plan on building a life in the U.S. permanently, you are required to apply for immigrant visas (Green Card or permanent residency card).  

Immigrant visas and nonimmigrant visas are two different types of visas issued by the U.S. government that allow individuals to enter the country. An immigrant visa is issued to an individual who intends to live permanently in the U.S. and apply for a green card. An individual with an immigrant visa can apply for permanent residency after entering the U.S. 

On the other hand, a nonimmigrant visa is issued to an individual who intends to visit the U.S. temporarily for a specific purpose such as tourism, business, education, or work, and does not intend to stay permanently. Nonimmigrant visa holders are allowed to stay in the U.S. for a specific period of time and must leave the country before their visa expires. 

If you are not a citizen of the United States, you may be wondering about the differences between a green card and a visa. Both allow you to live and work in the United States, but there are some key differences to be aware of. A green card grants an individual the legal right to live and work in the United States permanently. It is the first step towards becoming a U.S. citizen. But immigrant visas are issued by U.S. consular officials at embassies or consulates outside of the United States. Immigrant Visas allow an individual to enter the U.S. for the purpose of becoming a permanent resident.  

The main difference between a green card and an immigrant visa is that a green card is issued to individuals who are already inside the U.S., whereas an immigrant visa is issued to individuals who are outside the U.S. and wish to enter the country for the purpose of becoming permanent residents. In both cases, the individual must go through a process of applying and being approved before they can receive the card or visa.  

In this blog, we will explain U.S. visas and Green Cards. We will point out their differences to inform you best before you set out on your journey to the United States of America! 

## Understanding the Differences between a Visa and a Green Card
 
A visa is an official document that allows a foreign national to enter the United States for a specific purpose, such as tourism, study, or work. There are several types of visas available, including tourist visas, student visas, and work visas. Each type of visa has its own set of requirements, and the process for obtaining one can vary depending on the type of visa and the individual's situation. 

A green card, on the other hand, is a document that grants a foreign national permanent legal residence in the United States. With a green card, an individual is able to live and work in the United States indefinitely and can also apply for U.S. citizenship after a certain period of time. Obtaining a green card is a more complex process than obtaining a visa, and typically requires sponsorship from an employer or a family member who is a U.S. citizen or green card holder. 

The visitors are asked to have their visa while they are entering the U.S. In order to have it, the applicants must apply for a U.S. visa in their country of origin. Therefore, you should apply through your home country's [U.S. consulates or embassies.](https://www.usembassy.gov/)   

<div style="background: #0C7D93; padding: 5px; color : white; font-size:large; "> It's important to note that a green card holder is considered a lawful permanent resident of the United States, while a visa holder is considered a non-immigrant, who is authorized to be in the United States for a specific purpose and period of time.</div>  

## The Types of Visas: Immigrant and Non-Immigrant 
 
The eligibility criteria for the visas are varied. So, the applicant should understand whether they fulfill the requirements and, if so, what documents they are asked to submit during the application process. Once the applicant obtains their visa and arrives in the U.S., they should be cautious about meeting the requirements of their period of residence. If they fail to leave the country once their visa expires, they might have difficulty receiving another visa approval. The extension of the visa could be possible depending on the category of the visa the visitor has. Lastly, it is not possible to proceed with the process of citizenship with the visa. 
U.S. visas are divided into two categories: nonimmigrant and immigrant visas. 

### Nonimmigrant Visas
  
[Nonimmigrant visas](https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/all-visa-categories.html) are issued to applicants who come to the U.S. temporarily. They need to assure the U.S. government that they will not seek permanent residency while in the United States. This visa category includes tourism, study, and particular employment, such as B-1 and B-2 Visitor Visas, E-1 Visa, E-2 Visa, F-1 Visa, L-1 Visa, O-1 Visa, and H-1B Visa, etc.   

Moreover, some visas are issued for applicants who have dual intent. It means that an individual could enter the U.S. and consider applying for permanent immigration at some time in the future, for example, H-1B Temporary Workers in a Specialty Occupation Visa and O-1 Individual with Extraordinary Ability or Achievement. 

### Immigrant Visas

Immigrant visas are divided into two main categories: family-based and employment-based. Family-based visas are for individuals who have a close family member who is a U.S. citizen or green card holder and wish to join them in the United States. Employment-based visas are for individuals who have a job offer from a U.S. employer and wish to work in the United States. Both of these categories have different requirements, and the process for obtaining one can vary depending on the type of visa and the individual's situation.  

It's important to understand the difference between immigrant and non-immigrant visas and how they relate to a green card. A green card grants an individual permanent legal residence in the United States, while a non-immigrant visa is temporary and allows an individual to enter the United States for a specific purpose. On the other hand, an immigrant visa is for individuals who wish to permanently immigrate to the United States and obtain a green card. 

Read more about specific visa types and their requirement on [our website](https://www.grapelaw.com/practice-areas/immigration-law). 

## Green Cards – The Road to Permanent Residency
 
Green Cards are physical cards that allow their holders to live and work in the United States permanently. Green Cards allow people to pursue U.S. citizenship after a certain period of stay. In another word, Green Cards are immigrant visas without any legal stay limits. U.S. Visas and Green Cards can be applied for while the applicant is in the United State. However, they are issued after you arrive in America; this is, of course, if you apply for a green card outside of the U.S.  

While applying to U.S. Visas, the applicant is not asked for sponsors such as through family or employment. However, to apply for Green Cards, the applicant must have a sponsor. The process of applying for a Green Card is far more complicated than a U.S. Visa application as they are asked to submit more documents. 

If the applicant is in the U.S. with an immigrant visa, they can obtain their green card via an [adjustment of status](https://www.uscis.gov/green-card/green-card-processes-and-procedures/adjustment-of-status) application. This means that the applicant does not have to return to their home country to complete the visa application process.  

If the applicant is not in the U.S., they can apply and be issued their green card through [consular processing](https://www.uscis.gov/green-card/green-card-processes-and-procedures/consular-processing). There are various green cards available listed under the green card category. Some of them are listed below:  

- [Green Card through Family  ](https://www.uscis.gov/green-card/green-card-eligibility/green-card-for-family-preference-immigrants)
- [Green Cards through Employment](https://www.uscis.gov/green-card/green-card-eligibility/green-card-for-employment-based-immigrants)  
- [Green Card through Diversity Visa Lottery ](https://www.uscis.gov/green-card/green-card-eligibility/green-card-through-the-diversity-immigrant-visa-program) 
- Green Card through Humanitarian Prospects (refugees, victims of human trafficking, asylum seekers, etc.)  

To learn more about Green Cards, read our blog titled [What is a Green Card and How to Apply for It?](https://www.grapelaw.com/library/content/what-is-a-green-card-and-how-to-apply-for-it) on our website. 

## In Conclusion 

The main differences between a green card and a visa are: 

- A green card allows you to live and work in the United States indefinitely, while a visa allows you to enter the United States for a specific purpose and a limited time. 
- Green card holders are considered permanent residents and are eligible for many of the same benefits as U.S. citizens, while visa holders are not. 
- Obtaining a green card is a more complicated process than obtaining a visa. 
 
## Contact Us to Plan Your Journey to the USA 

A visa and a green card serve different purposes and have different requirements. A visa is a temporary document that allows an individual to enter the United States for a specific purpose, while a green card grants permanent legal residence in the United States. If you are considering immigrating to the United States, it is important to understand the differences between a visa and a green card and to consult with an experienced immigration attorney to help guide you through the process. 

At Grape Law, we provide exceptional legal service to our clients who are seeking to obtain their U.S. visas or Green Cards. Our unique team of immigration attorneys will guide, give consultations, and manage your U.S. immigration aspirations. For any inquiries relating to application preparation, process, and visa and green card issuance, please do not hesitate to contact us at [info@grapelaw.com](mailto:info@grapelaw.com) or schedule a face-to-face meeting via [our calendar](https://calendly.com/grapelaw) to get an all-around consultancy!   
   
 
  
 
 
 

Coming to the U.S. requires different documents depending on your purpose of visit. If you are looking for a temporary stay, you should explore non-immigrant visas to see which one is better for your visit. However, if you plan on building a life in the U.S. permanently, you are required to apply for immigrant visas (Green Card or permanent residency card).  

green_card_vs_visa.webp

Green Card and Visa- How are They Different? 

The EB-1 (Employment-Based First Preference) Green Card allows individuals with outstanding academic achievements or extraordinary skills to immigrate to the U.S. permanently. It is a way to obtain a Green Card through employment in the U.S. The EB-1 Visa has three categories:   

- EB1-A: for people with extraordinary abilities  
- EB1-B: for outstanding professors and researchers  
- EB1-C: for multinational managers and executives
  
In this writing, we will explain EB1-A Green Card, its requirements, and application procedures.   

## EB1-A: Aliens of Extraordinary Ability
  
Individuals with extraordinary abilities in science, arts, education, business, or athletics can apply for the EB1-A Visa. It is an immigrant visa. It allows individuals to settle in the U.S. for the rest of their lives. To qualify for EB1-A Visa, the individual should provide sufficient evidence for their significant talent in their fields of study.   

The essential advantage of the EB-1A is that it **does not require either a job offer from employers in the U.S. or a labor certification by the Department of Labor (DOL)**. In addition, EB-1A allows applicants to self-petition and avoids long-processing times due to the labor certification process.   

<div style="background: #0C7D93; padding: 5px; color : white; font-size:large; ">Once the individual obtains their EB1-A Visa, they qualify for a Green Card. In addition, the spouses and children of the individual (under 21 years of age) can also receive their Green Card through the individual’s EB1-A Visa approval.</div>   

## EB1-A Requirements
  
If you are an exceptional talent with outstanding success in your field, EB1-A requirements are easy to meet. Internationally recognized awards are often presented as proof of exceptional skills. Here are the main requirements:   

- The individual must have an exceeding ability in their field.  
- The individual is expected to continue working in the area of their expertise once they migrate to the U.S.   

In order to prove you will conduct the work in their work of expertise once they arrive in the U.S., there are some documents they can submit on their application: 

- A letter from their potential employer  
- A contract between the individual and a U.S. company expresses that the individual will work in the same field.  

However, keep in mind that you do not need a job offer to apply for the EB1-A visa.

- The individual must be able to prove their abilities by submitting internationally recognized awards such as Pulitzers, Oscars, Olympic medals, etc. 

If you do not have such an award, United States Citizenship and Immigration Services (USCIS) outlines additional ten criteria that the individual must meet instead. For example, if the individual can possess at least three of the following ten criteria, they would be eligible to be considered as an individual with an extraordinary talent:   

- Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence    
- Evidence of your membership in associations in the field which demand outstanding achievement of their members    
- Evidence of published material about you in professional or major trade publications or other major media   
- Evidence that you have been asked to judge the work of others, either individually or on a panel.    
- Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field    
- Evidence of your authorship of scholarly articles in professional or major trade publications or other major media    
- Evidence that your work has been displayed at artistic exhibitions or showcases    
- Evidence of your performance in a leading or critical role in distinguished organizations    
- Evidence that you command a high salary or other significantly high remuneration concerning others in the field    
- Evidence of your commercial successes in the performing arts    

In some cases, these categories do not apply because of the field of expertise. In such cases, the individual must provide comparable evidence. The individual should firmly explain why the criteria are not ascribed to their field and why their comparable evidence should be considered instead.

## EB1-A Application Process 

EB1-A application process you should follow depends on whether you are in or outside of the U.S. There are two different application paths;     

- Adjustment of Status  
- Consular Processing

### EB1-A Adjustment of Status Application Process

If the individual is currently in the U.S., they should adjust their status to EB-1A Green Card to complete the application. But before doing so, you must file the Form I-140 Immigrant Petition for Alien Worker. Most employment-based visas require an employer to file this Form on your behalf, but this is different with EB1-A applications.   

After the USCIS approves your petition, you can adjust your status to EB1-A Green Card by filing Form I-485 with the USCIS. If your I-485 Form is approved, you will immediately be granted your EB1-A Green Card!  

### EB1-A Consular Processing Application Process

If you are outside the U.S., you should apply for EB-1A through U.S. consulates in your home country. This process is known as consular Processing and requires you to fill out DS-260 Immigrant Visa Application Form, schedule an interview at the U.S. consulate, and bring the DS-260 confirmation page to your interview.   

Before you set your interview date, as an adjustment of status applications, you must file Form I-140 with the USCIS and wait for a decision on your case. If your I-140 Form is approved, and you complete the following steps, you will be issued your EB-1A Green Card and move to the U.S. to live and work permanently! 

**LET US HELP YOU TO PROVE YOUR ABILITY**  

If you have exceptional ability in the sciences, arts, business, education, or athletics and can prove your abilities with valid documents, you may apply for an EB-1A Green Card! However, the application process is complicated. Therefore, seeking legal help is essential.   

At Grape Law, we excel at understanding our client's needs and providing them with the resources. You can contact us by emailing info@grapelaw.com or scheduling a face-to-face meeting on our website.   
 


Unlike the majority of Employment-Based Green Cards, EB-1A Green Card “does not” require neither a job offer from employers in the U.S. nor a labor certification by the Department of Labor (DOL). EB-1A allows applicants to self-petition themselves and avoids long-processing times due to the labor certification process. 

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What is EB-1A and How to Apply?

People from all around the world prefer to come to the U.S as an investor to expand their careers. Since the U.S. is a major global force and one of the centers of start-up innovation, entrepreneurs see the U.S. as the financial potential to initiate and grow their business endeavors. The U.S. administration acknowledges the investment attraction of the country.  

The government aspires to facilitate the flow of bright and conscientious individuals to the U.S. by transferring investment capital and innovative individuals. In addition, America targets the speedy growth and diversification of its economy. To that end, the U.S. provides entrepreneurs with various visas to legally come and work in the U.S.   

Here in this writing, we will explore the E-2 Treaty Investor and EB-5 Green Card. There are the two most preferred investor visas that the U.S. issues for individuals with grand financial aspirations. Rather than defining each visa separately, we will discover their key differences and give you a framework that you could use to decide the best option for your business.  

**There are six significant differences between E-2 Treaty Investor Visa and EB-5 Green Card:**   

- While E-2 Visa is a nonimmigrant visa, EB-5 Visa is an immigrant visa. Eventually, EB-5 Visa provides permanent residency to its holders.  
- As E-2 Visa is a treat trader visa, it requires the applicant to have nationalities from one of the treaty countries. But EB-5 Visa does not have such a requirement. 
- The minimum investment amount is $1,050,000 for standard investments or $800,000 for investment in a commercial enterprise in a targeted employment area for EB-5 Green Card Visa applications. E-2 Visa applicants are not asked for a specific amount of minimum investment. Yet, it should be a substantial amount of capital.  
- EB-5 Green Card Visa holders should provide employment for at least 10 people to be able to obtain permanent residence. E-2 Visa application does not require generating employment for other people. However, the applicant should prove that their work in the U.S. will make enough income to generate employment other than themselves and their family alone.  
- E-2 Visa holders are limited to working in only the job field of E-2 Visa. On the other hand, EB-5 Green Card Visa holders can work in any field of work or for any company they like. 
- Finally, the application processing time is faster for the E-2, with some applications being processed in as little as 15 days. Meanwhile, the EB-5 visa takes up to two years to be approved. 

 ![](/uploads/e2_vs_eb5_infographic_82c8f025d8.png) 

 

## Eligibility for Application
  
E-2 Treaty Investor visa, as the name suggests, is only available for investors who are nationals of countries that have economic treaty agreements with the U.S. This is because the E-2 visa was designed to further the financial corporation of the U.S. and treaty countries via investor individuals. However, an EB-5 Green Card visa does not mandate such a requirement for eligibility. EB-5 Green Card visa is open to all, encouraging foreign investors to come to the U.S. For this reason, EB-5 could be considered a more inclusive visa option.  
 
To find out if you are eligible to apply for E-2 Visa, visit the website [economic treaty agreements](https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/fees/treaty.html).  
 
## The Minimum Investment Amount

As the investment amount is the primary source of entrepreneurs, the amount could be the essential difference between E-2 and EB-5 requirements. Possibly to many investors’ benefits, there is no fixed investment amount for E-2 eligibility. Instead, the calculation of the amount depends on various factors such as the investment sector, state, and the scope of your business.   

Unlike the E-2 visa, the EB-5 Green Card dictates predetermined amounts for eligibility depending on the location of the investment. For example, if the investment is going to be made in an area with low employment, the minimum amount is $800K. These areas are called Targeted Employment Areas (TEA). The government encourages the people to invest and build businesses in these areas to increase the employment rate. For example, The City of Los Angeles is one of the TEA. The city requests the applicant to submit the number of employment in their application document. On the other hand, if the investment is in a location with a low unemployment rate compared to the national average, the minimum amount required is $1.050,000 million.   

To learn more about the E-2 Visa investment amount, read the article on [our website](https://www.grapelaw.com/library/content/what-is-the-minimum-amount-for-e-2-investor-visa). 

## Employment Creation in the U.S.

This is another crucial requirement difference you should consider with care and attention. The EB-5 is a government green card program that aims at the “stimulation of the U.S. economy through job creation and capital investment by foreign investors. Therefore, EB-5 green card holders must produce at least ten full-time employment for qualifying employees. Qualifying employees can be U.S. citizens, permanent residents, lawfully residing non-immigrants, etc. Even though the E-2 visa also targets the growth of the U.S. economy via foreign investors, there is no employment creation requirement for eligibility. This difference might make the E-2 visa more convenient for entrepreneurs who start their financial careers in investment, as there is no pressure to create public benefits.   

## The Validity Duration

This might be the most significant advantage of the EB-5 Green Card compared to the E-2 visa. As EB-5 is a green card visa, it allows for permanent living and working in the U.S. Once you are an EB-5 green card holder, you also become eligible for U.S. citizenship after five years. On the other hand, an E-2 visa is a non-immigrant worker visa and only allows for a maximum of 5 years of living and working in the U.S. Even though E-2 visa extensions are limitless, being on an E-2 status nevertheless means more paperwork and fewer government benefits. This is an essential difference you should consider if you plan to establish your life in the U.S. long-term.  
 
While you apply for both E-2 and EB-5 Visas, you can also apply for your dependent family members. This means your spouse and children also come with you to the U.S. The spouses and children (under the age of 21) can work and study in the U.S. after they obtain the necessary documents. 

Both E-2 Visa, and E.B.- 5 Green Card have their advantages and disadvantages. The correct visa option for you entirely depends on your plan, which entails financial goals, family life, country of origin, and many more. In that regard, it is critical to wisely articulate both visas and make an educated decision as to which path you wish to take.   
 
**LET’S GET YOU AND YOUR BUSINESS TO THE U.S.**
 
If you are seeking cutting-edge legal consultations, guidance, and companionship throughout the application process of your visa choice, please don’t hesitate to contact the experienced lawyers of Grape Law by sending your questions and/or inquiries to info@grapelaw.com or scheduling a face-to-face case meeting via our website.    
  

  
   
 

While E2 and EB5 Visas are known as investment visas, there are some differences. While E-2 Visa is a nonimmigrant visa, the EB-5 Green Card Visa is an immigrant visa.  

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E-2 and EB-5 - Key Differences

Many people dream of coming to the US and paving the way for naturalization by getting a green card. There are various family green card options for individuals with an immediate US citizen relative. But if you are not lucky enough to have a family member who is willing to sponsor your green card, don’t worry! There are **employment-based green** cards such as **EB-2 and EB-3** with which you can become a permanent resident and worker in the United States.   

These green cards are prevalent and preferred by many qualified applicants, special knowledge, and extraordinarily talented individuals. On the other hand, US citizen sponsorship is also needed for employment-based green card applications. This requires a valid job offer from employers in the US as well as a labor certification. Henceforth, the application process for employment-based green cards has manifold questions that need answering. Here in this writing, we will explore the application process for employment-based green cards and answer your inquiries!

## Obtain Your PERM Labor Certification
 
Firstly, you should obtain your PERM Labor Certification (LC), issued by the Department of Labor (DOL). Your employer makes a PERM application, and with the labor certification, it is proven that you are qualified for the job offer. There is no American worker to replace you. Therefore, it is the most crucial aspect of the application.  

You may find our detailed writing [What is PERM Application? How to Apply?](https://www.grapelaw.com/2022/02/18/what-is-perm-application-how-to-apply/) helpful in learning more about the PERM application process.  

## Find Your Sponsor 

Your sponsor, which in this case is your employer, will file the form I-140 (Petition for Nonimmigrant Alien Worker) with the U.S. Citizenship and Immigration Services (USCIS). In this process, it is re-evaluated by the DOL that your employer will be able to afford the determined salary and that you meet the requirements of the job position. 

## Complete Your Application  

To get an employment-based green card, you must make a general application. Green card applications can be made in two ways depending on your location. First, if you are currently in the U.S. on a legal status, you must apply for “Adjustment of Status” by filing the Form I-485 (Adjust or Change My Nonimmigrant Status) with the USCIS. If you are outside of the U.S., you must apply for a green card via U.S. consulates in your country by arranging an interview after completing the online DS-260 (Immigrant Visa Electronic Application) form. Following the interview, you will be issued an immigrant visa with which you can enter the U.S. This process is known as “consular processing.”
     
Getting a green card and benefiting from its advantages is a significant step towards establishing a living in the United States. With a green card, you can permanently live and work in the U.S. and apply for naturalization soon. However, if you don’t have an immediate relative who is a U.S. citizen, you might use employment-green cards instead. 
  
Even though you might have a valid job offer from employers in the U.S., you will likely be confused and frustrated while trying to figure out which type of employment-green card among the five you should apply for, their unique requirements, benefits, and more. In that regard, we ensure that you make the necessary preliminary preparation and research and accompany you throughout your green card journey with our exceptional legal expertise and result-driven insights. 

If you have any questions or requests regarding the employment-based green card types and their application processes, please don’t hesitate to contact us by emailing <span style="color: #FF504B;">info@grapelaw.com</span> or scheduling a face-to-face consultation via our [calendly](https://calendly.com/grapelaw) account!

The application process for employment-based green cards has manifold questions that need answering. Here in this writing, we will explore the application process for employment-based green cards and answer your inquiries! 

How to Get a Green Card with US Employment

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How to Get a Green Card With US Employment 

PERM (Program Electronic Review Management) is a government program by which the Department of Labor (DOL) makes sure that new employment opportunities cannot be filled by U.S. citizen candidates, and instead, immigrant employees can work the offered jobs. **This program entails many steps that employers must take and complete to prove the lack of qualified U.S. citizen workers. PERM program is relatively new (established in 2005), and was designed to speed up to process of designating the U.S. workers' ineligibility for new employment opportunities.**  

## Application Process

PERM application process can be a long and confusing one. There are various steps that need close attention and consistent watch. Hence, we hereby prepared a step-by-step guide for PERM application that will make the process clearer for hiring employers.   

### Employer's Job Definitions:

The initial step. Employers must clearly define the job opportunity and list the minimum requirements needed. Employers must also present the road map of recruitment and address any possible issues.

### Prevailing Wage Determination (PWD) from the Department of Labor (DOL):

After the initial step is complete, employers may begin with the request of PWD from the DOL. PWD is a standard procedure for determining a minimum wage level for a certain job position in a given state and local jurisdiction. PWD is another precaution of the DOL to ensure that the employment of a non-citizen will not be unfair to U.S. citizens who hold the same or similar job positions. The average wait time needed for PWD to be determined is 6 months.

### Recruitment:

Recruitment is the process by which the employer conducts market research and promotes the job offer. Recruitment is another precaution for preventing unfair treatment of U.S. citizen employees. Labor Certification (LC) must be approved by the DOL within 180 days after the start of the recruitment process. Employers must also spare 30 days before applying for the LC in which they do not conduct any recruitment campaign except three “additional” recruitment options. These additional recruitments can be chosen out of ten recruitments listed by the DOL.  

Ten recruitments are as follows: 

- Job fairs 
- Employer’s website 
- Job search websites other than the employer’s 
- On-campus recruiting 
- Trade or professional organizations/publications 
- Private employment firms 
- Employee referral programs with incentives 
- Campus placement offices  
- Local and ethnic newspapers  
- Radio and television advertisements 
      
### Filing Labor Certification with the DOL’s ETA:


After the recruitment process is over, employers must apply for Labor Certification by filing the ETA Form 9089, Application for Permanent Employment Certification, with the DOL. You can reach the form via the Foreign Labor Certification website.  

### The DOL makes a decision on LC:

The DOL is deciding on LCs take varying times. LCs processing times are available at Foreign Labor Application Gateway (FLAG) website. The decision can be in favor of and against the application. The DOL can choose to audit the application as well. 

### Possible DOL Audit or Denial:
         
In case of potential DOL audit or denial, employers are given extra 30 days to respond to the DOL’s office action. Employers reserve the right to file an appeal of the decision. However, the DOL processes employer appeals in several years which elongate and further complicates the application. Hence, we would not advise you to appeal but restart your application from scratch instead.   

With the implementation of the PERM program starting in 2005, the employer is designated as the supervisor of all the labor certification steps except the prevailing wage determination. This undoubtedly enabled faster processing and decision-making of LCs. On the other hand, as the leading figure in LC applications, employers can be overwhelmed and frustrated with the unexpected turns, up and downs, unfortunate delays, and further inspections that they might encounter throughout the application process.  

**In that regard, we strongly recommend that employers should consider the help of legal professionals by seeking insightful counsel or teaming up with experienced attorneys to manage the application process. Here at Grape Law PLLC, we believe that our professionalism, as well as result-driven approach, will ease the burden on employers by mitigating potential legal issues and resolving them in employers' best interest**. 



PERM (Program Electronic Review Management) is a government program by which the Department of Labor (DOL) makes sure that new employment opportunities cannot be filled by U.S. citizen candidates, and instead, immigrant employees can work the offered jobs. This program entails many steps that employers must take and complete to prove the lack of qualified U.S. citizen workers. PERM program is relatively new (established in 2005), and was designed to speed up to process of designating the U.S. workers ineligibility for new employment opportunities.  

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What is PERM Application? How to Apply?

Green Card is the document granting you the right to live and work in the US permanently. There are numerous steps for application changing from individual to individual. Here in this writing, you will be introduced to the essentials of the Green Card application along with many useful links directing you to the right sources! 

 ![](/uploads/ways_to_obtain_green_cards_15133b5512.webp) 

## Application Eligibility

Firstly, you need to learn whether you are eligible for the application or not. For this, you can check various immigration categories. To reach Green Card eligibility categories, please see this list. 

## Find Your Application Sponsor

The majority of applicants will need **lawful residents of the US (sponsor)** for their immigration petitions. **An immigration petition** is a must in most cases and has many forms. You can reach the most common forms using [this link](https://www.uscis.gov/green-card/how-to-apply-for-a-green-card): 

There is some exception to the petition requirement. Please carefully read your eligible category details to learn more on this issue. 

## Select Your Application Process

If you are eligible for an application, then you can proceed to select which application process you will be using. There are two application processes. One is “**Adjustment of Status**”, and the other is “**Consular Processing**”. 

*You proceed with “Adjustment of Status” if*

- You are currently in the U.S. and want to switch your status to lawful and permanent resident.  

*You proceed with “Consular Processing” if* 

- You are currently abroad and want to become a Green Card holder. 

For details of each specific application process, please follow the links below to learn more: 

- [Adjustment of Status](https://www.uscis.gov/green-card/green-card-processes-and-procedures/adjustment-of-status) 
- [Consular Processing](https://www.uscis.gov/green-card/green-card-processes-and-procedures/consular-processing) 

## Common Steps to Follow for Your Application

Adjustment of Status and Consular Processing share some of the procedures required when applying for a Green Card: 

- Immigration petition is a must (with some exceptions, which I mentioned above). 
- Filing your application document. 
- If you are proceeding with Adjustment of Status, you file your application by filling the document I-485. For posting, you can find this link useful. 
- If you apply through Consular Processing, you should file an immigration application visa at the U.S. consulate of your place of residence.
- Go to your interview appointment (This is only required for Consular Processing. However, Adjustment of Status applicants might as well be called for an interview). 
- Submission of the decision of your application. You will be sent either a Green Card or a visa packet. This depends on your application process. Application processes links do have the necessary further information. 

The Green Card lottery is the most common way into your U.S. citizenship. Millions of people from all around the world try their chance at obtaining this visa. Therefore, Green Card popularity poses many legal questions that need answering. As a dynamic, up-to-date immigration law firm, we know the potential legal challenges and hardships that accompany your application. In that regard, we offer you meticulous and enlightening legal services that will ease your burden as well as your stress. We believe in the promise of our motto, and we care, we work, and we get better, together.      



Green Card is the document granting you the rights of living and working in the US permanently. There are numerous steps for application changing from individual to individual. Here in this writing, you will be introduced to the essentials of Green Card application along with many useful links directing you to right sources! 

what-is-green-card-and-how-to-apply-for-it.webp

What is a Green Card and How to Apply for It?

Green Card

We offer investors, innovators, and employees streamlined U.S. immigration and enable start-ups, small & mid-sized businesses, and companies to expand to the U.S.

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