When planning to move to the USA or continue your current life, the first question is not which form to fill out, but which application method fits your circumstances. Your education and career, investment, company structure, family relationship and current immigration history may bring different options to the agenda. These guides help you compare options within the same framework. 123
In the service section of Clinch Law Firm, the overview, eligibility requirements, process, advantages and limitations and frequently asked questions are arranged separately for each subject. There are also guidelines for topics such as national importance, company affiliation, investment source, and family status that require further examination.
Green Card ways for those aiming for permanent residence
EB-1A recognizes extraordinary ability and recognition; EB-1B, eligible professor or researcher and employer conditions; The EB-1C focuses on executive roles in multinational companies. EB-2 NIW requires first EB-2 eligibility and then national interest exemption. EB-3 is a different path with the appropriate employer and labor certification process; certain exceptions are considered separately. 145
These categories are not easier or faster versions of each other. Employer requirements, experience, standard of evidence and application schedule vary. A document that qualifies in one category does not automatically meet the separate requirement of another. 1
When applying for a Green Card through marriage, it is important that the spouse is a US citizen or permanent resident. Visa number and change of status rules within the US are not the same. Marriage does not automatically eliminate all existing immigration problems. 673
Investment and work options in the USA
E-2 is evaluated on qualifying treaty citizenship and sufficient, at-risk investment in a bona fide U.S. business. There is no single investment figure valid for every business. Conditions such as the nature of the company, the use of the investment and the fact that the business is not marginal are examined together. 28
H-1B is subject to appropriate specialty occupation and employer conditions; L-1A executive transfer; The L-1B is for transfer based on company proprietary information. O-1A in science, education, business and sports; O-1B, on the other hand, applies different standards of success in the arts and cinema-television fields. 2
A temporary work permit is not an automatic Green Card. The scope of approved work, length of stay, change of employer and rights of family members are evaluated separately by category. 29
Humanitarian protection and family reunification
Asylum is not a general immigration pathway for every difficult living situation where protection is needed. Persecution or justified fear linked to specific protected grounds and other eligibility conditions are examined. Application deadline, entry history and court status are particularly important. 1011
After Asylum approval, I-730 family reunification may be considered for eligible spouses and children. Pending asylum application and approved asylum status are not the same. The time period of family relationship, the two-year application period, and whether the individual is located within or outside the United States are also examined. 12
The chapter on humanitarian-based applications explains the basic distinctions between asylum and I-730, as well as certain criminal victimization and other protections. Submitting an application should not be interpreted as a guarantee of employment or stay in any case. 13149
Why are application approval, visa and status separate issues?
I-140 or I-130 approval alone does not give a person a Green Card or work authorization. I-485 or consular phase may be required depending on appropriate visa number and personal circumstances. For temporary employees, the I-129 approval, visa sticker, and I-94 stay record serve different functions. 1632
Therefore, “how long does the application take?” The question should be divided into stages. Document preparation, institutional review, visa order, consulate and final residence procedures are not a single period of time. The premium process does not cover all of these stages. 157
What information is important in the initial evaluation?
CV and achievement records in career applications; Partnership and activity documents for company applications; Relationship and entry history are the starting point for family applications. Previous applications, denials, or court documents should not be withheld from consideration. The real status of the case is not just about positive documents. 163
Correct assessment should yield three conclusions: Which course may be appropriate and why, which documentation supports that conclusion, and which risks should be considered separately. Reducing the likelihood of an approval to a precise percentage or offering the same category to everyone is no substitute for this review.
How can you use guides?
First read the overview page appropriate to your purpose. Then compare personal eligibility on the terms page, stages on the process page, and limits on the benefits section. Jump to relevant guides for common topics such as the visa bulletin, RFE, and internal US–consulate distinction.
Internet information is not a substitute for a personal legal evaluation based on all records of your file. Especially if there is a period of stay, dismissal, travel, court or response period, the date on the relevant document should be taken as basis. 1716
Related guides
Sources
The reference numbers in the text link to the official sources below.
- 18 CFR 204.5: Employment-based immigrant petitions
(h) EB-1A; (i) EB-1B; (j) EB-1C; (k) EB-2; (l) EB-3. eCFR outlook current as of 17.09.2026.
- 28 CFR 214.2: Specific requirements for temporary visa classes
(e) E-2; (h) H-1B; (l) L-1; (o) O-1. eCFR outlook dated 17.09.2026.
- 38 CFR Part 245: Adjustment of Status
I-485 eligibility, application barriers, certain exemptions, and application procedure.
- 4Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016)
Three-stage evaluation for NIW; especially p. 889–893.
- 520 CFR Part 656: Permanent Labor Certification
Especially 656.10, 656.12, 656.15, 656.17 and 656.40; employer expenses, recruiting, Schedule A, and wage determination.
- 6Department of State: Immigrant Visa for a Spouse of a U.S. citizen
CR-1/IR-1, NVC, and consular process. For LPR spouses, the family preference system is also examined.
- 7Department of State: September 2026 Visa Bulletin
Sample chart from September 2026 only. For I-485, USCIS separately determines the table to be used each month; That monthly selection could not be verified in this study.
- 8Department of State: Treaty Countries
Türkiye is among the E-2 agreement countries; E-2 effective date is 18.05.1990.
- 98 CFR 274a.12: Work authorization categories
Rights based on status, specific employer or also work permit; (c)(26) for H-4.
- 108 CFR 208.13: Asylum eligibility
Persecution, justified fear, protected cause and evaluation. The implementation of some regulations may be affected by court decisions.
- 118 CFR 208.4: Asylum application and deadline
One year period, changed/extraordinary circumstances and procedure.
- 128 CFR 208.21: Asylum status for spouse and children
Family relationship, two-year application period and humanitarian extension.
- 138 CFR 214.14: U nonimmigrant status
Aggravated crime, significant physical/mental harm, assistance and I-918 Supplement B. General coverage scope; personal file results are not extracted.
- 148 CFR 214.202: T-1 compliance
Human trafficking, physical presence, reasonable request for assistance and exceptions, severe harm conditions.
- 158 CFR Part 106: USCIS fees and premium processing
106.1 small employer definition; 106.2 basic fees; 106.4 premium fees and times. It should be checked again on the application day.
- 168 CFR 103.2: Application evidence, translation, RFE, and decision
Especially (b)(1), (b)(3), (b)(8), (b)(11), (b)(12). Giving an RFE is not mandatory for every file.
- 178 CFR 214.1: Status and length of stay rules
In particular (l): discretionary maximum period of 60 days for certain employees. The text of the regulation and the proposed changes should be distinguished.
This article is for general information purposes; It is not a guarantee of a personalized legal opinion or result. The rules valid at the time of application, official notifications and the conditions of the case should be evaluated separately.