How Can Australian Citizens Get a U.S. Green Card?

A Green Card offers Australians a chance to live, work, and study permanently in the U.S. It also provides access to the best healthcare and education services and a diverse economy. Essentially, with a Green Card, you can build a stable and secure future for yourself and your family in one of the world’s leading countries.

Regardless of the benefits, the U.S. immigration system can be complex and confusing without expert guidance. As a result, many Australians struggle to choose the best Green Card option for their situation. Even after selecting a pathway to permanent residency, Australians may not fully understand their visa requirements or may have trouble managing application timelines.

This article will explain the different Green Card pathways for Australians and provide practical tips to make your dream of moving to the U.S. a reality.

What Are the U.S. Green Card Options for Australians?

There are several Green Card pathways for Australians to choose from, depending on their unique circumstances. Below, we examine each pathway and its requirements in detail.

E-3 Specialty Workers From Australia

The E-3 visa is a non-immigrant U.S. work visa exclusively available to Australian citizens. It is open to professionals with specialty occupations, that is, persons with practical knowledge in specific fields, typically requiring a bachelor’s degree or higher. The visa is valid for two years, but can be renewed indefinitely.

To be eligible for an E-3 visa, applicants must have a job offer from a U.S. employer and provide evidence of their qualifications, such as educational credentials and proof of employment. Thankfully, spouses and dependent children can accompany E-3 visa holders to the U.S.

Like other non-immigrant visas, the E-3 visa does not offer a direct path to permanent residency. This means that holders will need an immigrant visa, such as an employment-based visa, to obtain a Green Card.

However, Australians on an E-3 visa who wish to obtain a Green Card must first transition to a visa category that allows immigrant intent, such as H-1B, O-1, or L-1, or apply for an immigrant visa from outside the U.S. Since the E-3 visa does not permit dual intent, applying for a Green Card while on E-3 status could jeopardize future renewals or re-entry.

Family-Based Green Cards

To apply for a family-based Green Card, Australian applicants must have a familial relationship with a U.S. citizen or lawful Green Card holder. This pathway is divided into two primary categories: “Immediate Relative Visa” and “Family Preference Visa.”

Immediate relative visas are available to close family members of U.S. citizens and are not subject to annual visa limits. Eligible applicants include the spouse of a U.S. citizen, unmarried children under 21, and parents of U.S. citizens who are at least 21 years old. However, spouses must provide supporting documents such as marriage certificates and evidence of a shared life. Unmarried children must also provide birth or adoption certificates, while parents of U.S. citizens need similar documentation to confirm the familial connection.

Family preference visas are available to extended family members of U.S. citizens and lawful permanent residents. These visas are divided into four preference sub-categories:

• First Preference (F1): Unmarried children (21 or older) of U.S. citizens.
• Second Preference (F2): Spouses, unmarried children (under 21), and unmarried adult children (21 or older) of lawful permanent residents.
• Third Preference (F3): Married children of U.S. citizens, regardless of age.
• Fourth Preference (F4): Siblings of U.S. citizens, provided the sponsoring U.S. citizen is at least 21 years old.

Each sub-category is subject to annual numerical limits, which can result in significant wait times depending on demand and the applicant’s country of origin. Below, we have outlined the process for obtaining a family-based visa.

• File Form I-130: The U.S. citizen or permanent resident sponsor must file the petition for alien relative Form I-130 with supporting documents, such as birth or marriage certificates, to prove the qualifying relationship.
• Check Visa Availability: Applicants must track the Visa Bulletin for their priority date, as family preference visas have annual limits and wait times vary by category and country.
• Submit the Visa Application: Eligible applicants in the U.S. must file Form I-485 for adjustment of status, while those abroad are to complete Form DS-260 for consular processing.
• Provide Required Documents: Applicants must submit proof of relationship proof of financial support (Form I-864) and undergo a medical exam by a USCIS-approved doctor.
• Attend an Interview: Both the applicant and, if required, the sponsor will attend an interview to verify the relationship and submit documents.
• Receive Decision: Approved applicants get their Green Card or immigrant visa; denied applicants may appeal or reapply if eligible.

The Diversity Visa Lottery

The Diversity Visa Lottery is another pathway to permanent residency, though it poses certain limitations. This lottery offers 55,000 visas to individuals from countries with low immigration (less than 50,000 immigrants over the last five years) to the U.S.

There is no application fee for the diversity visa lottery, but it typically takes one or two years for an applicant to be approved after submitting their paperwork. While it is not a primary option, it’s worth exploring if your circumstances align with the program’s requirements.

Employment-Based Green Cards

Green Cards for employment-based immigrants are divided into several categories. These include the EB-1, EB-2, and EB-3 visas, which cater to skilled workers, professionals, and those with advanced degrees. There’s also the EB-5 visa, specifically for foreign investors, including Australians, to gain residency by making a qualified investment in a U.S. enterprise.

Let’s take a closer look at each option.

EB-1 Visa

The EB-1 visa is an employment-based immigration category for individuals with exceptional abilities or accomplishments. It offers a relatively fast path to a U.S. Green Card, as no labor certification process is required. The application process starts with filing Form I-140, Immigrant Petition for Alien Worker, along with supporting documents.

Additionally, EB-1 Applicants must present strong evidence to prove they meet the specific requirements of their chosen subcategory. Notably, the EB-1A category does not require a job offer or employer sponsorship, providing applicants with greater flexibility. This visa is divided into three subcategories to accommodate individuals with different qualifications.

• EB-1A: Extraordinary Ability: This is for individuals with exceptional skills in fields such as science, the arts, education, business, or athletics. To qualify, applicants must demonstrate sustained national or international fame through achievements, awards, publications, or contributions to their field.
• EB-1B: Outstanding Professors and Researchers: This is designed for professors and researchers with international recognition for their academic work. To qualify, applicants need at least three years of experience in teaching or research and an offer for a permanent academic or research position in the U.S.
• EB-1C: Multinational Managers and Executives: This option is for senior executives or managers transferring to a U.S. branch of a multinational company. Applicants must have been employed in a managerial or executive role for at least one year in the past three years to qualify.

EB-2 Visa

The EB-2 visa is a U.S. employment-based Green Card category designed for individuals with advanced degrees or exceptional abilities in their field. It provides permanent residency to foreign nationals who can contribute significantly to the U.S. economy, culture, or national interests.

EB-2 applicants must have a job offer and an employer to sponsor them by filing Form I-140, Immigrant Petition for Alien Worker. Typically, a permanent labor certification (PERM) from the Department of Labor is also required unless the applicant qualifies for a National Interest Waiver. The application process involves demonstrating eligibility, submitting the necessary documentation, and attending an interview.

The EB-2 visa is divided into three sub-categories.

• Advanced Degree Professionals: To qualify for this category, applicants must hold an advanced degree (master’s or higher) or a bachelor’s degree with at least five years of progressive work experience in the field. Additionally, evidence of education and work experience must be provided to prove eligibility.
• Exceptional Ability: This category is for individuals with exceptional skills in sciences, arts, or business that significantly benefit the U.S. economy or culture. Applicants here must demonstrate expertise through documentation such as certifications, awards, or professional achievements.
• National Interest Waiver (NIW): The National Interest Waiver (NIW) allows applicants to self-petition without employer sponsorship if their work benefits the U.S. in areas like healthcare, education, or economic development. Furthermore, applicants must prove that their work is of substantial merit and national importance.

EB-3 Visa

The EB-3 visa is a U.S. employment-based immigrant visa for skilled workers, professionals, and other workers. It provides a pathway to permanent residency for individuals who meet specific job and education requirements.

EB-3 applicants must have a job offer from a U.S. employer who is willing to sponsor them by filing Form I-140. Additionally, the employer is required to obtain a labor certification (PERM) from the Department of Labor to confirm that hiring the applicant will not negatively impact U.S. workers. Applicants must also provide proof of their qualifications, including relevant education, work experience, and any necessary certifications.

This visa is ideal for applicants who may not qualify for the more stringent EB-1 or EB-2 categories but possess skills or education that meet the needs of U.S. employers. Let’s take a look at the subcategories of the EB-3 Visa.

• Skilled Workers: This is for individuals with at least two years of job experience, training, or education in a relevant field. Applicants must demonstrate that they have the qualifications and skill set required for a specific job.
• Professionals: This category includes individuals holding at least a U.S. bachelor’s degree or its foreign equivalent in their field of employment. The position must require a degree, and applicants must provide proof of their education.
• Other Workers: This subcategory is for unskilled workers who perform jobs requiring less than two years of training or experience. Due to visa availability limits, this category of EB-3 applicants often experiences long wait times.

EB-5 Immigrant Investor Program

The EB-5 visa is a U.S. immigration program designed for individuals who want to obtain permanent residency through a capital investment. This program not only grants Green Cards to investors but also extends to their immediate family, including spouses and children under 21.

Eligibility for the EB-5 visa requires investing a minimum of $1,050,000—or $800,000 if the investment is in a targeted employment area (TEA)—and creating at least 10 full-time jobs for American workers. In addition, applicants need to prove that their investment funds come from legal sources.

Below, we have provided a summary of the EB-5 visa program so you can know what to expect.

1. Choose Your EB-5 Investment Type

   The first decision is to select what type of investment you would like to make. The two EB-5 visa investment options available to applicants are a direct investment and a regional center investment. Direct investment requires you to manage a business actively, which can be more hands-on. Meanwhile, a regional center allows you to invest in pre-approved projects, typically in TEAs, making it easier to meet the job creation requirement.

2. Gather Required Documentation

   Once you’ve chosen a strong EB-5 project, the next step is gathering the required documentation. You must provide proof of lawful investment funds, such as income records, tax returns, or property sales. Additional documents will also be required.

3. File Form I-526E

   Once your documentation is ready, you will file Form I-526E, known as the Immigrant Petition by Regional Center Investor. Direct investors file Form I-526 (Immigrant Petition by Standalone Investors) instead. This petition demonstrates your eligibility for the EB-5 program, detailing your investment and its potential to create jobs. After submission, the petition undergoes review by United States Citizenship and Immigration Services (USCIS).

4. Apply for a U.S. Immigrant Visa

   If your I-526E petition is approved, you can apply for an immigrant visa at the U.S. consulate in Australia. The consular process involves a medical examination, an interview, and submission of supporting documents. Once approved, you and your family receive conditional Green Cards, granting you two years of residency.

   If you are already in the U.S. on a valid non-immigrant visa, you can file your immigrant petition and adjustment of status concurrently. This often results in a faster approval process and grants you “adjustment pending” status, allowing you to lawfully stay in the U.S. while awaiting Green Card approval. Additionally, you can apply for work and travel permits at the same time, enabling you to work and re-enter the U.S. legally in a short period.

5. File for Removal of Conditions (Form I-829)

   For two years after obtaining your conditional Green Card, you must meet the EB-5 program’s requirements, such as creating the required jobs. To remove the conditions on your Green Card, you’ll file an I-829 investor petition, providing evidence that your investment fulfilled the program’s criteria. Approval of this petition grants you and your family permanent Green Cards, completing the EB-5 journey.

Benefits of the EB-5 Program for Australian Citizens

Here are some key benefits enjoyed by Australian citizens when they apply for the EB-5 visa program.

• Dual Citizenship: Australia allows its citizens to hold multiple nationalities, and the U.S. permits dual citizenship for Green Card holders who eventually become naturalized citizens. This means Australians can enjoy the benefits of living and working in the U.S. without losing their Australian citizenship. It’s a significant advantage for those who want to maintain strong ties to both countries.
• Benefits for Families: The EB-5 program grants spouses of the primary applicant permanent residency rights. Children under 21 gain access to U.S. public and private schools, as well as in-state tuition rates at universities. These benefits make the EB-5 visa an attractive option for Australian families seeking better education and career opportunities for their children.

Other Green Card Options

Other Green Card pathways include humanitarian visas for refugees or individuals seeking asylum in the U.S. Australians may also qualify for Special Immigrant Visas (SIV) based on unique circumstances like religious work. These visa options are for foreign nationals in specific situations who don’t fit into traditional categories.

Secure Your U.S. Green Card With EB5AN

Securing a U.S. Green Card as an Australian citizen can be a complex process, but with the right strategy and expert guidance, it becomes a manageable and rewarding journey. Whether you’re pursuing an employment-based visa, a family-sponsored option, or making a qualifying investment through the EB-5 program, understanding your available pathways is the first step toward achieving your immigration goals. Among these options, the EB-5 Immigrant Investor Program offers a direct and relatively predictable path to permanent residency, allowing Australians to obtain a Green Card by making a qualifying investment that creates jobs in the U.S.

At EB5AN, we specialize in helping investors navigate the EB-5 process with confidence. With a proven track record of successful EB-5 projects, an industry-leading compliance approach, and a commitment to transparency, we ensure that investors receive expert guidance at every stage.

If you’re considering the EB-5 program, schedule a free call with our team today to explore your options and take the first step toward securing your U.S. Green Card.