US Green Card: How Indians Can Apply? Benefits, Eligibility And Application Process Explained

US Green Card: The United States decision to suspend several major IT companies from the Permanent Labour Certification (PERM) programme has raised questions about the future of employment-based Green Card applications. The move has brought the US Green Card into focus, with discussion over its benefits, eligibility criteria, and application process for foreign professionals working in the country on H-1B visas.

What Is US Green Card?

A Green Card, officially known as a Permanent Resident Card, allows a foreign national to live and work permanently in the US, subject to US immigration laws. It grants the holder lawful permanent resident status. According to US Citizenship and Immigration Services (USCIS), people can qualify for a Green Card through different routes, including family sponsorship, employment, refugee or asylum status and some special immigration programmes.

Also, the Green Card is different from a temporary work visa like an H-1B visa. While an H-1B visa allows an eligible foreign professional to work in the US temporarily under specific conditions, a Green Card provides permanent resident status.

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Benefits Of Green Card

A Green Card offers several benefits to eligible foreign nationals including permanent residence, employment opportunities, greater employment flexibility, access to essential services including driver's licence, family-based immigration opportunities and also provides a possible route to citizenship. Green Card holders can live in the US permanently and can work for most US employers in lawful jobs for which they qualify.

Eligibility Criteria

The USCIS provides several Green Card eligibility categories which are as follows:

1. Green Card Through Family
Certain immediate relatives of US citizens, including spouses, unmarried children under 21 and parents of US citizens who are at least 21 years old can qualify for a Green Card.
2. Green Card Through Employment
Employment-based immigration is relevant to foreign professionals working in the US technology sector. Eligible applicants may qualify under different employment-based categories which are:

EB-1: For priority workers, including people with extraordinary ability, certain outstanding professors and researchers and eligible multinational executives or managers.
EB-2: For professionals holding advanced degrees or individuals with exceptional ability. 
EB-3: For eligible skilled workers, professionals and other workers who meet the category's requirements.

3. Green Card As Special Immigrant
4. Green Card Through Refugee Or Asylum Status
5. Green Card for Victims of Human Trafficking and Certain Crimes
6. Green Card for Victims of Abuse
7. Green Card Through Other Categories

How Indians Can Apply For US Green Card?

The application process depends on the category under which a person qualifies. For many employment-based applicants, the process involves several stages including determining eligibility, obtaining sponsorship or filing an immigrant petition, and the PERM process. After the relevant petition is approved, applicants generally need an immigrant visa to be available in their category before proceeding to the next stage.

Eligible applicants already in the US may apply to adjust their status using Form I-485. Applicants applying from outside the country generally follow the consular-processing route through the US Department of State.

What Is PERM?

PERM, or Program Electronic Review Management, is the US Department of Labor's process for certifying that hiring a foreign worker for a particular position meets the applicable labour-market requirements. PERM is not a Green Card or a visa itself, but a document that grants a foreign national the right to live and work permanently in the US. Its suspension can create difficulties for H-1B visa holders whose employers rely on PERM to sponsor their Green Card applications.

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