What are the Different Types of Green Cards?

Kevin Swartz • December 2, 2021

Click here to read this article in Portuguese and Spanish

While there are many different types of visas, they fall into two categories: immigrant and nonimmigrant, i.e., permanent and temporary. This blog post covers the immigrant visa, also known as the “green card.” There are many types of green cards and they divide roughly into four categories:

1. Family Based

For those whose family includes a U.S. citizen, the following visas apply:

• IR-1 visa—if you are the spouse of a U.S. citizen

• IR-2 visa—if you are unmarried child of a U.S. citizen and are under the age of 21.

• IR-3 visa—if you are a child adopted overseas by a U.S. citizen

• IR-4 visa—if you are a child adopted within the U.S. (after being brought to the U.S.) for the purpose of being adopted by a U.S. citizen

• F3 visa—if you are married and are the child of a U.S. citizen. This applies to your spouse and children as well.

• F4 visa—if you are the sibling of a U.S. citizen. This applies to your spouse and children as well.

For those whose family members include a Lawful Permanent Resident (LPR) in the U.S., the following visas apply:

• F2A visa—if you are the spouse or minor children of an LPR

• F2B visa—if you are unmarried, over 21 years old, and are a child of an LPR

2. Employment Based

For those who have or will have employment within the U.S. The following apply:

• H-1B visa to Green Card Transfer

Once you have a valid H-1B visa, your employer must file with the U.S. Department of Labor (DOL) for a Permanent Labor Certification (PERM). The employer must prove to the DOL that they could not find a qualified U.S. citizen for the job position. There are multiple steps for the employer to satisfy this criterion, which includes actual attempts to recruit U.S. citizens for the position, and published advertisements for the position targeting U.S. citizens.

• EB-1 visa for Priority Workers. This includes:

o Exceptional academic professors and researchers

o Exceptional managers and executives

o Those with exceptional abilities in business, the arts, sciences, education, or athletics

o If you fall within one of those categories, you must prove to USCIS that you are at the very top of your field, based on meeting specific criteria.

• EB-2 visa for those with advanced degrees or exceptional abilities. This includes:

o Those with extraordinary abilities in art, business, and science.

This is similar to an EB-1, and the requirements are less strict. However, the processing time for an EB-2 can be much longer, you’ll need a PERM certification unless you can prove to USCIS that waiving the requirement would be in the national interest (aka National Interest Waiver), and you’ll need a current or prospective employer to sponsor your application.

o Those with advanced degrees (e.g., Masters or PhD)

o Physicians who will serve in underserved areas in the US.

• EB-3 visa for skilled/professional workers. The processing time can take several years. Like the EB-2, you need a current or prospective employer to sponsor your application. This visa applies to:

o Those with bachelor’s degrees

o Skilled workers with a minimum of two years of experience

o Unskilled workers

• EB-4 visa for special immigrants and religious workers. This employment-based visa applies to:

o Those working for the U.S. government overseas

o Broadcasters

o Iraqi/Afghan translators

o Employees of international non-profit organizations

o Physicians

o Certain active and retired members of armed forces and their spouses and children

• EB-5 visa for investors. This includes:

o Those investors who will create a minimum of 10 full-time jobs in the U.S. and invest at least $500,000 into the U.S. economy

3. Returning-Resident Based

For those who were LPRs but left the country for more than one year (which will terminate an otherwise valid green card). The following visa applies to LPRs who left the U.S. for more than one year due to circumstances beyond their control:

• SB-1 visa. Examples of circumstances beyond one’s control include:

i. Sudden illness or disease that prevented travel back to the U.S.

ii. Pregnancy where the doctor advised against international travel

iii. Your immigration documents are withheld from you against your will

iv. The country you traveled to prohibits departure

4. Diversity Based

Commonly known as the ‘Green Card Lottery,’ this type of green card is granted at random to a very small percentage of those that apply. The selection process is designed to prevent any one foreign nation from having substantially more visas granted for its citizens than for those of other foreign nations. There are many rules, limitations, and exceptions for who can apply. But generally, you must:

• Be from a country that has had fewer than 50,000 natives of that country immigrate to the United States in the previous five years. In 2019, this excluded those from Bangladesh, Brazil, Canada, China, Colombia, Dominican Republic, El Salvador, Haiti, India, Jamaica, Mexico, Nigeria, Pakistan, Peru, Philippines, South Korea, and the United Kingdom (except Northern Ireland) and Vietnam

• Be at least 18 years old

• Have completed high school and have a high school diploma or equivalent degree

• Have at least 2 years of work experience within the last 5 years

Many of those who are not eligible for an immigrant visa (green card) can be eligible for a variety of nonimmigrant visas. If a nonimmigrant visa is granted and the petitioner subsequently becomes eligible for a green card, the nonimmigrant visa is not a barrier to applying for a 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

USCIS Updates Guidance on Child Status Protection Act (CSPA) Age Calculation

By Angelica Rice • October 17, 2024

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 .

What Is the Affirmative Relief Announcement?

By Flavia Santos Lloyd • June 20, 2024

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

Taxation of U.S. Residents: Green Card vs Substantial Presence

By Olga Guzhva • March 21, 2024

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!

Self-Sponsoring for Employment-Based Green Cards

By Kyle Huffman • December 7, 2023

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.

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Why You Should Still Consider Coming to the United States—Despite Changing Immigration Policies

By Shirin Navabi • August 14, 2025

It’s no secret that the U.S. immigration system has faced increased scrutiny and change in recent months. From evolving policies to headlines filled with uncertainty, it’s understandable that many individuals are left wondering: Is this still the right time to pursue a future in the United States? The answer is yes—and here’s why. Despite the shifting political landscape, the core structure of U.S. immigration law remains firmly in place. While the process may appear more complex or demanding than it once was, the legal pathways to live, work, and thrive in the United States are still open and accessible to those who take the proper steps. What often gets lost in the conversation is that the United States remains a country built on innovation, creativity, and resilience. It continues to attract global talent, entrepreneurs, artists, and professionals from all walks of life. Whether you are launching a business, advancing your career, or seeking a better life for your family, the United States offers unparalleled opportunities to those who are prepared and determined. Much of what makes the United States a global economic and technological leader today is the direct result of contributions made by immigrants. Nearly half of the current Fortune 500 companies were founded by immigrants or their children. Immigrant entrepreneurs have long been an essential part of America’s economic success story. Some of the largest and most recognizable American companies were founded by immigrants or the children of immigrants. This includes household names such as Apple and Costco. Moderna, the pharmaceutical company and vaccine producer, was founded by a Canadian-born stem cell biologist, Derrick J. Rossi, whose parents themselves emigrated from Malta. These success stories are not outliers; they are part of a broader pattern that reflects the drive, innovation, and resilience that immigrants bring to the country. The United States also offers one of the most dynamic and diverse economies in the world. It is a place where hard work, fresh ideas, and entrepreneurial vision are rewarded. For creative professionals, business leaders, and investors, the United States provides a unique platform to grow, connect, and gain global influence. Its competitive marketplace, access to capital, and culture of innovation create unmatched opportunities for those ready to seize them. While the immigration process requires careful planning, that process is far from impossible. Indeed, having strong legal guidance is one of the most effective advantages an applicant can possess. Immigration law is complex, and each case must be evaluated individually. A clear, strategic plan tailored to your background and goals can significantly improve your chances of success. What may feel like a hurdle at first glance is often navigable with solid preparation and documentation. At our immigration law firm, we have had the privilege of assisting individuals from all over the world as they navigate these complexities. Time and again, we have witnessed how determination, careful preparation, and experienced legal counsel can turn uncertainty into opportunity and help transform a vision for the future into reality. If you have been uncertain about whether to move forward, let this be your sign to take the next step. The United States is still a land of possibilities. If you are ready to take that step, now is the time to act. Let us build your path forward together.

DHS Terminates TPS for Honduras, Haiti, Nepal, Nicaragua & Cameroon

By Denice Flores • August 8, 2025

The U.S. Department of Homeland Security (DHS) has announced the termination of Temporary Protected Status (TPS) for nationals from Honduras, Nicaragua, Nepal, Haiti, and Cameroon. These longstanding protections are set to expire, putting many individuals at risk of deportation.

The Secret Weapon in Your O-1A or EB-1A Petition: A Powerful Letter of Recommendation

By Shirin Navabi • July 17, 2025

For individuals applying under the O-1A or EB-1A categories , both reserved for professionals with extraordinary ability, letters of recommendation are a critical part of the petition. These expert testimonial letters offer valuable insight into your accomplishments, reputation, and influence within your field. When written properly, they help demonstrate that you truly stand out as someone who has risen to the very top of your profession. Many petitions submitted by highly accomplished individuals fall short because the recommendation letters are vague, overly personal, or fail to clearly explain why the applicant meets the legal standard of extraordinary ability. That is why taking the time to prepare your recommenders effectively is not just helpful. It is essential to build a strong and persuasive case. First, it is important to help your recommenders understand the purpose of the letter . This is not a casual reference or character recommendation. It is a formal declaration to U.S. Citizenship and Immigration Services that you possess extraordinary ability in your area of expertise. The letter must describe your achievements in concrete terms and explain why your work has had a significant impact and recognition within your field. Many professionals, no matter how accomplished, are unfamiliar with the specific requirements of the O-1A and EB-1A categories. It is helpful to provide them with a short explanation of what is needed, and in some cases, a sample or outline to guide them. Selecting the right recommenders is just as critical as the content of the letters themselves. While USCIS gives greater weight to letters from independent experts, independence should not be confused with distance. The ideal recommender is someone who knows your work well and can provide specific and credible insight into your contributions, impact, and reputation in the field. A letter from someone who barely knows you, or one that focuses more on the recommender’s own accomplishments than yours, is unlikely to carry much weight with USCIS. A common mistake is submitting letters that read more like summaries of the recommender’s resume than a meaningful evaluation of your achievements. While a brief introduction of the recommender’s qualifications is important to establish credibility, the focus must remain squarely on you , your work, your innovation, and the ways in which your impact is considered extraordinary. The strongest letters go beyond general praise. They include clear and detailed examples of how your contributions have influenced others in your field or led to measurable outcomes. To make the letter as accurate and persuasive as possible, you should provide your recommenders with a summary of your most important professional milestones. This might include major awards, media coverage, patents, publications, notable leadership roles, or metrics showing the commercial or scientific success of your work. Well-prepared recommendation letters serve as both evidence and narrative. They help fulfill specific legal requirements and also tell the story of how and why your work has earned you distinction. In a category defined by terms like extraordinary ability, it is important that every part of your petition reinforces that standard. At Santos Lloyd Law Firm, we work closely with our clients and their recommenders to develop strong and compelling testimonial letters that meet USCIS expectations and highlight each applicant’s unique contributions.