Quais são os diferentes tipos de Green Card?
Kevin Swartz • May 14, 2022
Click here to read this article in English
Embora existam muitos tipos diferentes de vistos, eles se enquadram em duas categorias: imigrante e não imigrante, ou seja, permanente e temporário. Esta postagem no blog cobre o visto de imigrante, também conhecido como “green card”. Existem muitos tipos de green cards e eles se dividem aproximadamente em quatro categorias:
1. Baseado na família
Para aqueles cuja família inclui um cidadão dos EUA, os seguintes vistos se aplicam:
- Visto IR-1 - se você for cônjuge de um cidadão americano.
- Visto IR-2 - se você é filho solteiro de um cidadão americano e tem menos de 21 anos.
- Visto IR-3 - se você for uma criança adotada no exterior por um cidadão dos EUA.
- Visto IR-4 - se você for uma criança adotada nos EUA (depois de ser trazida para os EUA) com a finalidade de ser adotada por um cidadão dos EUA.
- Visto F3 - se você for casado e filho de um cidadão americano. Isso se aplica ao seu cônjuge e filhos também.
- Visto F4 - se você for irmão de um cidadão americano. Isso se aplica ao seu cônjuge e filhos também.
Para aqueles cujos membros da família incluem um residente permanente legal (LPR) nos EUA, os seguintes vistos se aplicam:
- Visto F2A - se você for o cônjuge ou filho menor de um LPR.
- Visto F2B - se você é solteiro, tem mais de 21 anos e é filho de um LPR.
2. Com base no emprego
Para aqueles que têm ou terão emprego nos EUA, aplica-se o seguinte:
- Visto H-1B para transferência de Green Card.
Uma vez que você tenha um visto H-1B válido, seu empregador deve apresentar ao Departamento do Trabalho dos EUA (DOL) uma Certificação Permanente de Trabalho (PERM). O empregador deve provar ao DOL que não conseguiu encontrar um cidadão americano qualificado para o cargo. Existem várias etapas para que o empregador satisfaça esse critério, que incluem tentativas reais de recrutar cidadãos dos EUA para o cargo e anúncios publicados para o cargo direcionados a cidadãos dos EUA.
- Visto EB-1 para Trabalhadores Prioritários. Isso inclui:
o Professores acadêmicos e pesquisadores excepcionais
o Gerentes e executivos excepcionais
o Aqueles com habilidades excepcionais em negócios, artes, ciências, educação ou
atletismo
o Se você se enquadra em uma dessas categorias, você deve provar ao USCIS que está no
topo de sua área, com base no cumprimento de critérios específicos.
- Visto EB-2 para aqueles com graus avançados ou habilidades excepcionais. Isso inclui:
o Aqueles com habilidades extraordinárias em arte, negócios e ciência
o Isso é semelhante a um EB-1 e os requisitos são menos rigorosos. No entanto, o tempo de processamento para um EB-2 pode ser muito maior, você precisará de uma certificação PERM, a menos que possa provar ao USCIS que a renúncia ao requisito seria de interesse nacional (também conhecido como National Interest Waiver), e você precisará um empregador atual ou potencial para patrocinar sua inscrição
o Aqueles com graus avançados (por exemplo, mestrado ou doutorado)
o Médicos que servirão em áreas carentes nos EUA.
- Visto EB-3 para trabalhadores qualificados/profissionais. O tempo de processamento pode levar vários anos. Como o EB-2, você precisa de um empregador atual ou potencial para patrocinar sua inscrição. Este visto se aplica a:
o Aqueles com bacharelado
o Trabalhadores qualificados com um mínimo de dois anos de experiência
o Trabalhadores não qualificados
- Visto EB-4 para imigrantes especiais e trabalhadores religiosos. Este visto de trabalho se aplica a:
o Aqueles que trabalham para o governo dos EUA no exterior
o Emissoras
o Tradutores iraquianos/afegãos
o Funcionários de organizações internacionais sem fins lucrativos
o Médicos
o Certos membros ativos e aposentados das forças armadas e seus cônjuges e filhos
- Visto EB-5 para investidores. Isso inclui:
o Os investidores que criarão um mínimo de 10 empregos em período integral nos EUA e investirão pelo menos US$ 500.000 na economia dos EUA
3. Baseado em Residente Retornado
Para aqueles que eram LPRs (residentes permanentes legais), mas deixaram o país por mais de um ano (o que rescinde um green card válido). O seguinte visto se aplica a LPRs que deixaram os EUA por mais de um ano devido a circunstâncias fora de seu controle:
- Visto SB-1. Exemplos de circunstâncias além do controle incluem:
o Doença súbita ou doença que impediu a viagem de volta aos EUA
o Gravidez em que o médico desaconselhou viagens internacionais
o Seus documentos de imigração são retidos contra sua vontade
o O país para onde viajou proíbe a partida
4. Baseado na Diversidade
Comumente conhecido como 'Loteria do Green Card', esse tipo de green card é concedido aleatoriamente a uma porcentagem muito pequena daqueles que se aplicam. O processo de seleção é projetado para evitar que qualquer nação estrangeira tenha substancialmente mais vistos concedidos para seus cidadãos do que para os de outras nações estrangeiras. Existem muitas regras, limitações e exceções para quem pode se inscrever. Mas, geralmente, você deve:
- Ser de um país que teve menos de 50.000 nativos desse país imigrando para os Estados Unidos nos últimos cinco anos. Em 2019, isso excluiu os de Bangladesh, Brasil, Canadá, China, Colômbia, República Dominicana, El Salvador, Haiti, Índia, Jamaica, México, Nigéria, Paquistão, Peru, Filipinas, Coreia do Sul e Reino Unido (exceto Irlanda do Norte) e Vietnã
- Ter pelo menos 18 anos
- Ter concluído o ensino médio e ter um diploma do ensino médio ou grau equivalente
- Ter pelo menos 2 anos de experiência de trabalho nos últimos 5 anos
Muitos daqueles que não são elegíveis para um visto de imigrante (green card) podem ser elegíveis para uma variedade de vistos de não-imigrante. Se um visto de não imigrante for concedido e o peticionário posteriormente se tornar elegível para um green card, o visto de não imigrante não é uma barreira para solicitar um green card.
This blog is not intended to be legal advice and nothing here should be construed as establishing an attorney client relationship. Please schedule a consultation with an immigration attorney before acting on any information read here.
Kevin Swartz
Similar Posts
On September 25, 2024, the U.S. Citizenship and Immigration Services (USCIS) recently updated its guidance on the Child Status Protection Act (CSPA) to clarify how an applicant’s CSPA age is calculated when extraordinary circumstances are involved. This update is designed to help Applicants and their families better understand how their eligibility for certain immigration benefits may be impacted by delays or special conditions during the process . The CSPA is a crucial law that helps protect children from "aging out" of the immigration process , meaning turning 21 years old while waiting for family-based immigration petitions to be processed. Normally, once a child turns 21, they may no longer qualify for a green card under certain family visa categories. However, the CSPA allows a special calculation of a child’s age to determine whether they can still be considered a "child" for immigration purposes, even if they have passed the age of 21. USCIS's recent update focuses on two key points: First , it clarifies how extraordinary circumstances may excuse an applicant from the usual requirement to apply for a green card (or "seek to acquire" permanent residency) within one year of their visa becoming available. If extraordinary circumstances, such as medical issues or other unavoidable situations, prevent an applicant from meeting this deadline, they may still qualify for CSPA protection as long as they can demonstrate these circumstances. Second , the guidance outlines how to calculate the applicant’s CSPA age in cases where these extraordinary circumstances apply . If an immigrant visa was available for a continuous one-year period, the CSPA age is calculated from the date the visa first became available. However, if the visa became available and then unavailable before the applicant could apply, the CSPA age calculation may still use the date the visa first became available—if the applicant can show they were unable to apply due to extraordinary circumstances. This update addresses an issue that was not previously covered in detail by USCIS policy. Before this clarification, it was unclear how the CSPA age would be calculated for noncitizens who had extraordinary reasons for not applying for a green card during the time their visa was available. By providing this updated guidance, USCIS aims to ensure that these cases are handled consistently and fairly. In conclusion, this recent USCIS update offers clearer guidance on how extraordinary circumstances affect CSPA age calculation. If you believe your family might benefit from this update, please reach out to one of our highly experienced immigration attorneys, who can help you understand how these changes apply to your situation. For more detailed information, you can visit the USCISPolicyManual or review the official USCISannouncement .
On June 18, 2024, President Biden announced a series of immigration actions using the authority granted to him by our existing immigration laws. These actions will help certain undocumented individuals in the United States, including: Spouses and children of U.S. citizens who have been living in the United States for at least 10 years. You may be eligible to apply for your green card without leaving the United States, if, as of June 17, 2024: ○ You are in the United States after entering without permission; ○ You have lived in the United States for at least 10 years and have never left; ○ You are legally married to a U.S. citizen or have a qualifying stepchild relationship with a U.S. citizen; and ○ You do not have certain criminal history or pose a threat to national security or public safety. If you meet these criteria, the government MAY grant you parole-in-place. Parole would be granted for a one-time period of three years. You may also be eligible for employment authorization for up to three years. If you are granted parole y ou may apply for your green card within three years of approval. Eligibility is determined on a case-by-case basis. College-educated DACA recipients and Dreamers who are qualified for nonimmigrant status, such as an H-1B specialty occupation visa. You may be eligible to apply for a temporary visa more easily, if: ○ You have a degree from an accredited U.S. institution of higher education; and ○ You have an offer of employment from a U.S. employer in a field related to your degree. Please note that these programs have NOT YET begun. Details on how to apply are expected to be released by the end of the summer through a Federal Register notice. This means: You cannot submit an application at this time. An early-filed application will be rejected . You should not pay anyone a fee associated with filing an application at this time. Be patient and take the time to find the right help. The wrong advice could harm your chances of staying in the United States, getting lawful status, or becoming a U.S. citizen. Don't be fooled by notarios and other consultants who promise immediate results or special solutions in order to steal your money. Many unscrupulous individuals will cost more than licensed attorneys! If you are unsure if someone is qualified to help, ask for proof of their credentials and retain a copy of that evidence. This program could also be legally challenged, which could impact its implementation. This makes it even more important to have a qualified, knowledgeable attorney. USE AILA’s Find an Immigration Lawyer Search, ailalawyer.org , to find a licensed immigration attorney in good standing. Or find an accredited representative at: https://www.justice.gov/eoir/find-legal-representation . FONT: https://www.aila.org/library/information-and-guidance-on-new-actions-to-promote-family-unity
If you are a U.S. resident within the meaning of Internal Revenue Code (IRC) section 7701(b)(1)(A) , an immigrant needs to understand the U.S. tax obligations. When you are a permanent resident, your worldwide income is subject to U.S. income tax the same way as a U.S. citizen. You are a resident of the United States for tax purposes if you meet either the green card test or the substantial presence test for the calendar year. 1. “Green Card” Test means that you possess a Permanent Resident Card, Form I-551, also known as a "green card”, at any time during the calendar year. You continue to have U.S. resident status, unless: you voluntarily renounce and abandon your resident status, or your resident status is terminated, either by the USCIS, or by a U.S. federal court. If you meet the green card test at any time during the calendar year, but do not meet the substantial presence test for that year , your residency starting date is the first day on which you are present in the United States as a lawful permanent resident. In other words, if you have your green card for less than a full calendar year, your tax obligations could be less and are calculated as follows: 2. In order to meet the Substantial Presence test , you must be physically present in the United States on at least: 31 days during the current year, and 183 days during the 3-year period that includes the current year and the 2 years immediately before that, counting : a. All the days you were present in the current year, and b. 1/3 of the days you were present in the first year before the current year, and c. 1/6 of the days you were present in the second year before the current year. In other words, a look back applies when calculating a substantial presence test for the U.S. tax purposes. If a green card holder does not meet a substantial presence test, then he or she is subject to U.S. income tax the same way as a U.S. citizen BUT ONLY for a portion of the calendar year, from the date of becoming a U.S. permanent resident. Navigating the complexities of the U.S. immigration and tax laws often requires professional legal guidance. Seeking assistance from an experienced immigration attorney well-versed in U.S. taxation can significantly enhance the chances of your successful immigrant planning, ensuring compliance with these intricate regulations and requirements. If you have any questions about what this means for you, please schedule a consultation with our office. We look forward to working with you!
In the landscape of U.S. immigration law, the pursuit of an employment-based green card can be a significant milestone for foreign nationals aspiring to establish their careers in the United States. Among the various pathways available, self-sponsorship for an employment-based green card stands out as an option that grants individuals the ability to sponsor their own immigration journey, offering a unique opportunity for skilled professionals and entrepreneurs. Traditionally, most employment-based green card categories require an employer to sponsor the foreign national, demonstrating the need for their skills or expertise. However, certain visa categories permit self-sponsorship, allowing individuals to petition for permanent residency without a specific employer's sponsorship. These include: 1. EB-1A Extraordinary Ability: Individuals with extraordinary abilities in the sciences, arts, education, business, or athletics may self-petition for an employment-based green card. They must demonstrate sustained national or international acclaim, providing extensive evidence of their achievements in their field. 2. EB-2 National Interest Waiver (NIW): This category enables individuals whose work is deemed to be in the interest of the United States to self-sponsor. Applicants must demonstrate their work's significance and how it benefits the nation as a whole. 3. EB-5 Immigrant Investor Program: Entrepreneurs investing in a new commercial enterprise that creates jobs for U.S. workers can self-petition for an employment-based green card. They must meet certain investment thresholds and fulfill job creation requirements. While these classifications have the advantage of allowing an individual to self-petition, each of these applications have distinct, stringent requirements to meet. This route can be challenging, requiring substantial evidence and a compelling case to prove extraordinary abilities or qualifications. Additionally, meeting the high standards set by USCIS for self-sponsorship can be demanding, necessitating thorough preparation and documentation. Navigating the complexities of immigration law, especially concerning self-sponsorship, often requires professional legal guidance. Seeking assistance from experienced immigration attorneys or consultants can significantly enhance the chances of a successful self-sponsored green card application, ensuring compliance with the intricate regulations and requirements. If you have any questions about what this means for you, please schedule a consultation with one of our experienced attorneys. We look forward to working with you.
When applying for a green card or seeking admission into the United States, one of the legal hurdles many applicants may face is the public charge ground of inadmissibility. This test evaluates whether someone is likely to become primarily dependent on the government for support. But what exactly does that mean—and what types of public benefits can trigger this issue? In this article, we’ll break down what “public charge” really means, who is affected, what types of public benefits are considered, and what immigrants should be mindful of when making decisions about public programs like Medi-Cal and Medicaid. What Is the Public Charge Ground of Inadmissibility? The public charge rule applies to individuals applying for a visa, green card (adjustment of status), or entry into the U.S., unless they fall into an exempt category. Under this rule, the Department of Homeland Security (DHS) must determine whether the applicant is likely to become primarily dependent on the government for subsistence. This typically refers to receiving: Public cash assistance for income maintenance (such as SSI or TANF), or Long-term institutional care at government expense. This determination is based on the "totality of circumstances," including age, health, financial resources, education, skills, and whether a sponsor has submitted a valid Affidavit of Support. Who Is Exempt from the Public Charge Rule? Many categories of immigrants are exempt from the public charge ground of inadmissibility. These include: Asylees and refugees Special immigrant juveniles Violence Against Women Act (VAWA) self-petitioners T and U visa applicants Temporary Protected Status (TPS) applicants Importantly, even if someone later adjusts status through a different pathway that is subject to public charge, any benefits they received while in an exempt category will not be held against them. What Public Benefits Are Not Considered in the Public Charge Test? It is a common and harmful myth that using any public benefit will jeopardize your immigration status. In fact, most non-cash benefits do not count against you in a public charge determination. According to USCIS and DHS guidance, the following types of assistance (current as of July 1, 2025) are not considered: Health-Related Benefits Medi-Cal/Medicaid, except for long-term institutional care Children’s Health Insurance Program (CHIP) Health insurance through the ACA Marketplace, including subsidies COVID-19 testing, vaccines, and treatment Community health services, crisis counseling, and short-term shelters Food and Nutrition SNAP (Food Stamps) WIC School meal programs Food banks and emergency food assistance Housing and Energy Emergency shelter Rental assistance (e.g., McKinney-Vento programs) Energy assistance (e.g., LIHEAP) Education and Childcare Public schooling Head Start Childcare subsidies (e.g., CCDF) Educational grants and scholarships Federal Cash and Tax Benefits Earned income tax credit (EITC) Child Tax Credit (CTC) Stimulus checks Unemployment insurance Social Security and veteran’s benefits Disaster and pandemic-related cash aid In short, just because a benefit is public or government-funded doesn’t automatically make it count against you. A Word of Caution About Medi-Cal and Medicaid, in Particular As of today (07/01/2025), standard use of Medi-Cal (California’s version of Medicaid) or Medicaid for most health-related services is not considered in a public charge determination. This includes preventative care, emergency services, pregnancy-related services, and short-term care. However, if Medicaid is used for long-term institutionalization, such as in a nursing home or psychiatric facility, that does count under the public charge test. Despite current guidance, we are seeing political shifts and changes in tone from the current administration that suggest public charge policies may become more restrictive in the future. This includes renewed interest in expanding the types of public benefits that may be considered, particularly around medical assistance. For that reason, we generally recommend that individuals who are applying for adjustment of status, or who may be subject to the public charge ground in the future, avoid enrolling in Medi-Cal or Medicaid at this time, unless absolutely necessary. Final Thoughts Immigration law is complex, and the rules surrounding public charge can feel confusing or even frightening. But it’s important to understand that using most public benefits—especially for food, education, and healthcare—will not automatically jeopardize your green card or visa application. Still, because policy can change quickly, we urge individuals to consult with an immigration attorney before applying for any public assistance—especially healthcare programs like Medi-Cal or Medicaid. If you have questions or concerns about how public benefits might impact your immigration case, our office is here to help. We are committed to providing up-to-date, personalized guidance to keep your immigration journey on track. Disclaimer The information provided herein is for general informational purposes only and does not constitute legal advice. Every immigration case is unique, and the application of the public charge rule may vary depending on your specific situation. If you believe this topic may apply to you or you need individualized legal guidance, we encourage you to contact one of our highly-qualified legal professionals for a consultation and assistance tailored to your circumstances. Resources: USCIS Public Charge Resources ILRC Medi-Cal and Public Charge Alert (2024) California Medi-Cal Immigrant Eligibility FAQ
As an immigration law firm, we regularly assist highly skilled professionals working in the U.S. on temporary work visas such as H-1B who are seeking a path to permanent residency. For many of these individuals, the EB-2 and EB-3 employment-based green card categories are the most pursued—and frequently misunderstood—routes . While both are viable pathways to permanent residency, they differ in meaningful ways that can significantly impact the timing, eligibility, and overall strategy of your case. The EB-2 category is intended for individuals who either hold an advanced degree or demonstrate exceptional ability in their field . Most applicants qualify by having a master’s degree (or higher), or a bachelor’s degree accompanied by at least five years of progressive experience in their profession. There is also a subcategory within EB-2 known as the National Interest Waiver (NIW), which allows qualified individuals to self-petition without employer sponsorship if their work substantially benefits the United States. This route is especially relevant for researchers, entrepreneurs, and professionals in high national interest or mission-critical fields. In contrast, the EB-3 category includes professionals with a bachelor’s degree as well as skilled workers with at least two years of training or experience . While the educational threshold for EB-3 may appear less rigorous, the process itself is equally structured. One key distinction between EB-2 and EB-3 lies in the requirements of the job being offered, not just the applicant’s own credentials. For example, if a position requires only a bachelor’s degree, even a highly qualified candidate with a master’s degree may still fall under EB-3. Regardless of which category applies, most employment-based green card cases begin with the PERM labor certification process . This is a formal procedure overseen by the U.S. Department of Labor, in which the employer must test the labor market and demonstrate that there are no able, willing, qualified, and available U.S. workers for the position. The employer must also agree to pay the prevailing wage as determined by the Department of Labor. This step is both mandatory and highly detail-sensitive; inaccuracies in the job description, recruitment steps, or wage determination can lead to significant delays or even denials. Once PERM certification is approved, the employer files Form I-140 , the Immigrant Petition for Alien Worker. This petition confirms that the employee meets the requirements for the offered position under either EB-2 or EB-3, and that the employer is financially capable of providing the job as described. If the employee’s priority date—which is based on the date the PERM was filed—is current according to the Department of State’s Visa Bulletin, the individual may then file Form I-485 to adjust their status to lawful permanent resident. One of the more nuanced aspects of this process involves understanding how priority dates and visa backlogs affect the timeline. For applicants from countries with high demand, such as India or China, significant delays are common—particularly under EB-2. Paradoxically, there are times when the EB-3 category moves faster, prompting some applicants to file a second I-140 under EB-3 while retaining the original priority date. This strategy can be effective but requires careful legal planning to ensure it’s done correctly. Another strategic factor is portability. If your I-485 application has been pending for at least 180 days and your I-140 has been approved, you may be eligible to change employers under the AC21 portability provisions, so long as the new job is in the same or a similar occupational classification. This flexibility can be critical for employees who experience job changes or promotions during the often lengthy green card process. Ultimately, the choice between EB-2 and EB-3 isn’t about prestige —it’s about aligning your qualifications, the job requirements, and your immigration history with current legal standards and market conditions. The right strategy depends not only on your education and experience, but also on your long-term career goals and country of origin. At our firm, we work closely with both employers and employees to develop individualized immigration strategies that streamline the process and avoid unnecessary setbacks. Whether you're a corporate professional evaluating your green card options or an employer preparing to sponsor a key team member, we offer the insight and experience to move your case forward with confidence.
If you've made it to the United States as a culinary professional—perhaps on an O-1B visa that recognizes your extraordinary talent, or a P-3 visa for sharing your rich culinary heritage—congratulations! You’ve already proven yourself as a standout in your craft. But what if we told you that your journey doesn’t have to end when your temporary visa does? In fact, your current status could be the perfect stepping stone to something much more lasting: a green card through the EB-1A category. The EB-1A visa is a first-preference employment-based immigrant visa, designed for individuals with “ extraordinary ability ” in fields such as the arts, sciences, education, business, or athletics. And yes—culinary arts absolutely count. The key is demonstrating that your skills have risen to the very top of your field. If you've already gone through the O-1 or P-3 process, you're likely well on your way . Here’s the good news: much of the evidence used to obtain your O-1B or P-3 visa can be repurposed for your EB-1A petition . Awards, press features, expert testimonials, and proof of your work in prestigious kitchens or at cultural events—they're all valuable again. But what’s even more exciting is that everything you’ve accomplished while in the U.S. on your temporary visa—whether launching a signature tasting menu, starring in a food documentary, or leading culinary workshops—can now be used to further strengthen your case. According to USCIS, EB-1A applicants must meet at least three of ten criteria unless they’ve received a major internationally recognized award. These criteria include things like published material about your work, original contributions of major significance, high salary, and a critical role in distinguished organizations. For many chefs, especially those who’ve thrived in the U.S. hospitality scene, it’s absolutely achievable with the right guidance. What sets the EB-1A apart is that it does not require an employer sponsor . That’s right—you can self-petition! This means your culinary career can be as flexible and entrepreneurial as you want it to be, whether that means opening your own restaurant, expanding into media, or continuing to cook your way into America’s heart. Even better? It can be one of the fastest paths to a green card available. With premium processing, your I-140 petition can be adjudicated within just 15 business days. And if your country’s EB-1 visa category is current on the visa bulletin at the time of approval, you may be eligible to file your green card application immediately. This combination of speed, autonomy, and flexibility makes EB-1A an incredibly attractive next step in your immigration journey. At Santos Lloyd Law Firm, we love helping creative professionals take their next big step. If you’ve already wowed the world with your cuisine, the EB-1A may be your opportunity to stay and make your mark for good. Contact us today to find out if the EB-1A is the next right step for you!
