Introduction
The myth exists that the only way to obtain a green card or lawful permanent residence (LPR) status in the U.S. is through marriage. Certainly, this method of immigrating to the U.S. is well-publicized and is also the plotline of many entertaining movies and television shows. The truth is, however, there are many other pathways to a green card, including employment-based, investment, family, and humanitarian options. This guide offers a non-comprehensive overview of some of the most common types of non-marriage-based green card options. It is meant to be a starting point for foreign nationals to expand their knowledge about what immigration pathways may be available to them.
Self-Petition Green Card Options
The EB-1A and the NIW pathways to a green card do not require either employer or family sponsorship, which means foreign nationals can petition for themselves and, if successful, have a chance to obtain a green card for them and their spouses and child(ren).
A. EB-1A: Extraordinary Ability (Self-Petitioners, No Employer or Job Offer Required)
To qualify for the EB-1A, the foreign national must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. Self-petitioners must continue to work in their field of extraordinary ability, substantially benefit the United States, and satisfy one of the following two requirements: (1) Received a one-time achievement award, e.g., Olympic medal, Academy Award (Oscar), Pulitzer Prize, Nobel Peace Prize, etc.; or (2) Establish eligibility under at least three of ten criteria.
B. EB-2 National Interest Waiver (Self-Petitioners, No Employer or Job Offer Required)
National Interest Waivers may be granted to those who are either a member of the professions holding an advanced degree or an individual of exceptional ability in the sciences, arts, or business and whose work will benefit the in U.S. so substantially that a waiver of the PERM process and the requirement to have a job offer from an employer is in the national interest. The foreign national must also establish eligibility by submitting evidence under a three prong test.
Employment-Based Green Card Options
A. EB-2 and EB-3: Green Cards Through a Job Offer
Employment-based second preference (EB-2) and third preference (EB-3) classifications refer to visa types based upon the foreign national’s exceptional ability or advanced degree, or their professional qualifications, training, and experience.
Most visa types in the EB-2 and EB-3 classifications require that the foreign national’s employer go through the labor certification process, called PERM, which we have discussed in prior posts. For the PERM process, a foreign national must have a job offer from the employer, which forms the basis of the labor certification.
Once foreign nationals obtain an approved I-140 for the EB-2 or EB-3 visa classification from USCIS, which their employer has filed on their behalf, they can file for adjustment of status, which is the green card application. The process of an employer going through the PERM process and obtaining an approved I-140 on behalf of the foreign national is often referred to as “visa sponsorship” or “employee sponsorship.” A brief overview of each visa type in this category may assist foreign nationals in understanding what type of visa they might be eligible to seek.
Standard (PERM) Exceptional Ability means people who have a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business and can meet at least three of six criteria.
Advanced Degree Professionals possess any U.S. academic or professional degree or a foreign equivalent degree above that of bachelor’s. A U.S. bachelor’s degree (or a foreign equivalent degree) followed by at least five years of progressive experience in the specialty is considered the equivalent of a master’s degree.
Professionals hold at least a U.S. bachelor’s or foreign equivalent degree and are a member of the professions, such as architects, engineers, lawyers, physicians, surgeons, and teachers. The job professionals seek in the U.S. require a minimum of a bachelor’s degree in order to perform them.
Skilled Workers are capable of performing skilled labor and the jobs they seek require at least 2 years training or experience. Examples of skilled workers include chefs, accountants, or electricians.
Other/Unskilled Workers are capable of performing unskilled labor and the jobs they seek require less than 2 years training or experience. Examples of unskilled workers include farm laborers, janitors, or elder care aides.
B. EB-1B: Outstanding Professors and Researchers
Foreign nationals who are professors or researchers and have been internationally recognized as outstanding in a specific academic area may qualify for an EB-1B visa if a U.S. institution of higher learning or private employer petitions for the foreign national to work in a tenured or tenure-track position to conduct research.
C. EB-1C: Multinational Managers and Executives
To qualify for the EB-1C visa, there are significant requirements for both the foreign national (beneficiary) and the foreign national’s employer (petitioner). A petitioning U.S. employer must demonstrate that the foreign national beneficiary has a permanent job offer in a primarily managerial or executive position with a qualifying U.S. employer and that the foreign national has been employed for at least one year in the past three years by a related organization abroad.
D. EB-4 Visa Classifications
Employment-based fourth preference green cards are available for a variety of types of situations, one of which is for Religious Workers, as discussed here. USCIS allows ministers and non-ministers in religious vocations and occupations to immigrate to or adjust status in the U.S. for the purpose of performing religious work in a full-time compensated position. Due to the new law H.R. 1968, non-minister religious workers must immigrate from abroad or become an LPR by September 30, 2025, as the program for non-minister religious workers will end on this date.
Investment-Based Green Card Option
EB-5 Immigrant Investor Program
As of 2025, the EB-5 Immigrant Investor Program requires a minimum investment of $1,050,000 (or $800,000 if in a Targeted Employment Area or qualifying infrastructure project). For foreign nationals with sufficient financial means, making this investment in a new commercial enterprise that creates at least ten full-time jobs for qualifying U.S. workers may be sufficient to obtain a green card as an immigrant investor.
Non-Marriage, Family-Based Green Card Options
Marriage-based options are discussed here.
A. Parent of a U.S. Citizen (21 years +)
Foreign national parents of U.S. citizens are eligible to obtain green cards; however, parents of LPRs are not. LPR petitioners must wait to become citizens before they can petition for a parent. As a petitioning U.S. citizen, the first step in obtaining a green card for a parent is to file a Form I-130, Petition for Alien Relative on behalf of the foreign national beneficiary parent. This establishes the qualifying relationship upon which a green card can be based. Parents of U.S. citizens are “immediate relatives” and therefore do not have to wait for priority dates to become current in the Department of State’s Visa Bulletin (discussed below).
B. Child of a U.S. Citizen or Green Card Holder
Children of U.S. citizens or LPRs do not necessarily become citizens or green card holders automatically. Before discussing this, however, it is important for foreign nationals to know that U.S. immigration defines “child” as a person who is unmarried and under the age of 21, while people who are married or over the age of 21 are called “adult sons and daughters.” Both foreign national children and adult sons and daughters of a U.S. citizen or LPRs can obtain their own LPR status through their parent(s), the difference being that adult sons and daughters must wait longer than children to obtain this status.
The first step is to establish the family relationship by the petitioning citizen- or LPR-parent filing a Form I-130 on behalf of the foreign national beneficiary. Once approved, a green card may be immediately available for children of citizens. The children of LPRs and the adult sons and daughters of either type of petitioner must usually wait for a visa to become available. Foreign nationals must be aware that married adult sons and daughters of LPR petitioners have no visa category of their own, meaning that the LPR petitioner must wait to become a U.S. citizen before they can petition for their adult sons and daughters who are married.
The waiting time for the children of LPR petitioners and for adult sons and daughters depends on the beneficiary foreign national’s country of origin. Petitioners and foreign national beneficiaries must consult the Department of State’s Visa Bulletin to determine when a visa is available. The beneficiary’s priority date must be “current,” which means waiting until the visa bulletin indicates that the U.S. government is processing visa petitions within that date range in the following respective visa bulletin categories.
U.S. Citizen Petitioners
- Children (unmarried, under age 21): immediate relatives (no visa wait time)
- Adult Sons and Daughters (unmarried): F1
- Adult Sons and Daughters (married): F3
LPR Petitioners
- Children (unmarried, under age 21): FX2 or F2A
- Adult Sons and Daughters (unmarried): F2B
- Adult Sons and Daughters (married): No visa category. The petitioner must wait to become a citizen before they can petition for this type of relative.
There may also be circumstances in which a child of a U.S. citizen can automatically become a U.S. citizen, even if the foreign national child was not born in the U.S. Such circumstances depend on a couple of factors, mainly whether the foreign national’s parents are both U.S. citizens and whether they are married. If the foreign national child’s parents are married and only one is a U.S. citizen, then automatic U.S. citizenship for a child not born in the U.S. depends upon whether the married U.S. citizen parent has satisfied the “residency requirements.” The residency requirements are that the U.S. citizen parent has lived in the U.S. for at least 5 years, 2 of which were after the age of 14, and all of which were before the foreign national child’s birth. If the foreign national’s parents are not married, automatic U.S. citizenship depends on whether the U.S. citizen parent is the mother or the father, in addition to satisfying the residency requirements. If the U.S. citizen parent is the father, additional steps may be required.
C. Sibling of a U.S. Citizen (21 years +)
Foreign nationals who are brothers or sisters of U.S. citizens can obtain their green cards; however, siblings of LPRs cannot. Siblings of LPRs must wait until their LPR petitioner becomes a U.S. citizen. Like adult sons and daughters, the waiting time for siblings depends on the beneficiary foreign national’s country of origin and the priority date. The visa bulletin category for siblings of U.S. citizen petitioners is F4.
Humanitarian-Based Options
A. Asylum and Refugee Status
Foreign nationals who have been persecuted or fear persecution in their home country may be eligible for asylum or refugee status. Refugees are located outside of the U.S. and asylees are already inside the U.S. The process to obtain this type of humanitarian relief, which leads to a green card, differs slightly by location.
B. Other Special Categories
VAWA (Violence Against Women Act): Abused spouses, children, or parents of U.S. citizens or LPRs can petition for themselves for a green card without the abuser’s knowledge or consent.
T Visa: Victims of severe human trafficking who assist law enforcement in investigations or prosecutions may be eligible for a green card if they can show they would suffer extreme hardship if removed.
U Visa: Victims of certain crimes who suffered substantial abuse and are helpful to law enforcement in investigating or prosecuting the crime may be eligible for a green card after three years of continuous U.S. presence in U-visa status.
Special Immigrant Juvenile Status: Foreign national children located in the U.S. who have been abused, neglected, or abandoned by one or both parents and for whom a state court has issued specific protective findings may apply for a green card once USCIS approves their petition. Special Immigrant Juveniles (SIJs) may not have the same ability to sponsor other relatives as LPRs who became green card holders through other methods.
Final Thoughts: Which Option Is Right for You?
Non-marriage-based green card options abound; however, many of them are quite technical in their eligibility requirements. While family-based immigration tends to be more straightforward and less technical in general, it does require preexisting family ties to the U.S., whereas employment- and humanitarian- based green card options do not require any prior connections aside from the current petition or application. This overview does not address the speed or processing times for the various green card pathways, which may be a highly relevant question in deciding which option works best for you. If you believe you may qualify for one or more of the green card pathways in this overview, we encourage you to visit the links provided and reach out to competent immigration counsel with any questions.
