How to obtain a Green Card in the USA: 2026 guide for companies and international talent

How to obtain a Green Card in the USA? Permanent residency in the United States is mainly obtained through family, employment, investment, or the Diversity Visa Lottery, subject to strict conditions and annual quotas. Identifying the right category from the outset is essential to avoid unnecessary delays, secure an expatriation project, and limit the risk of refusal.

For both companies and international talent, the Green Card represents a strategic lever for long-term stability.

What is a Green Card and why obtain one?

A Green Card grants permanent resident status in the United States. It allows individuals to:

• Reside legally in the United States without time limitation
• Work freely for any employer
• Enter and leave the country more easily than with a temporary visa
• Access certain social and legal protections

Unlike non-immigrant visas (H-1B, L-1, E-2, etc.), it provides long-term legal security, particularly suited to:

• Companies seeking to stabilise an executive or key talent
• Entrepreneurs developing a presence in the United States
• Families building a long-term life project in the US

It also constitutes, under certain conditions, the first step towards US citizenship.

Who can obtain a Green Card?

US law provides several eligibility categories. Choosing the appropriate pathway directly impacts processing times.

Green Card through family sponsorship

This option is based on a relationship with a US citizen or permanent resident. “Immediate relatives” – spouses, minor children, or parents of US citizens – benefit from a process without annual quotas, significantly reducing processing times.

However, certain categories, such as adult children, siblings of US citizens, or spouses and children of permanent residents, are subject to quotas and may require several years of waiting.

In all cases, particularly for recent marriages, US authorities carefully assess the genuineness of the relationship, making thorough document preparation essential.

Green Card through employment

For international talent and skilled professionals, employment-based Green Cards represent a key strategy. Employment-Based (EB) categories address specific business needs and help secure strategic talent.

• EB-1 is aimed at individuals with extraordinary abilities, including multinational executives, recognised researchers, and experts in their field, and often benefits from shorter processing times.
• EB-2 targets highly qualified professionals holding an advanced degree or exceptional abilities, sometimes allowing exemption from labour certification through the National Interest Waiver (NIW). Since 2026, the “Trump Gold Card” also facilitates access to a Green Card through EB-1 or EB-2 categories.
• EB-3 concerns professionals with a degree or skilled workers with at least two years of experience. The employer must demonstrate that no qualified US candidate is available for the position.
• EB-4 covers special immigrants, including certain religious workers and employees of international organisations protected under US law.
• EB-5 allows individuals to obtain a Green Card through a significant investment in a US business, typically creating at least ten jobs.

All these categories are subject to annual quotas, and proper planning is crucial for companies seeking to secure strategic talent on a long-term basis.

Diversity Visa Lottery and other pathways

The Diversity Visa Lottery grants approximately 55,000 Green Cards each year to nationals of underrepresented countries. Participation is free and random, but this option remains uncertain and should not be considered a reliable strategy.

Additionally, refugees and asylum beneficiaries may apply for permanent residence after one year of presence, and other specific pathways exist for humanitarian situations.

How to apply for a Green Card

1) Check eligibility
Identify the appropriate category (family, employment, investment).

2) File the petition

• Form I-130 (family)
• Form I-140 (employment)

The filing date becomes the priority date, which is key in quota-based categories.

3) Wait for visa availability
The Visa Bulletin, published monthly, indicates which priority dates are “current”.
Until the priority date is reached, the process cannot be finalised.

4) Adjustment of status or consular processing

• In the United States: Form I-485 (USCIS)
• Abroad: consular processing

Required documents: civil status documents, passport, approved medical examination, proof of eligibility.

5) Biometrics, background checks and interview
Fingerprinting, security checks, and possibly an interview.

What are the processing times and quotas for obtaining a Green Card?

Quotas by category and per-country caps, set at approximately 7% of the annual total, significantly impact processing times. While some applications are processed in under a year, others may take several years.

For companies, failing to anticipate these timelines can jeopardise expansion projects or lead to the loss of key employees. Immediate relatives of US citizens benefit from shorter timelines, while employment-based categories and certain nationalities may face significant backlogs.

What is the validity of a Green Card?

Once issued, a Green Card is generally valid for ten years. It is renewable indefinitely, provided that the holder maintains their primary residence in the United States and complies with the obligations of permanent resident status.

Prolonged absence from the US or failure to comply with residency requirements may result in the loss of status, even if the card remains administratively valid.

Beneficiaries may also apply for naturalisation after three to five years and must maintain their primary residence in the United States.

Securing your permanent residence strategy

Obtaining a Green Card in the United States requires a structured approach, including selecting the appropriate category, anticipating quotas, carefully preparing documentation, and coordinating with appropriate legal advisors.

For both companies and international talent, this strategic planning is key to turning an expatriation project into a long-term success.