The process to obtain the permanent resident status (Green Card) is divided in two steps:
1. Form I-140, Petition for Alien Worker: The applicant must submit form I-140 to USCIS along with all the evidence pertaining to that specific category.
2. Adjustment of Status (Form I-485) o Consular Processing (Form DS-260).
Once the I-140 is approved and the priority date is current (visa availability), the applicant will need to submit the adjustment petition in the US or process the case at a US consulate if living abroad. In this part of the process, USCIS evaluates the beneficiary’s immigration, criminal and medical background. If USCIS approves this application, the applicant will officially be a legal permanent resident in the U.S.
Generally, the government processing time for an EB-1 VISA petition is about 8 months. Once the I-140 has been approved, the government takes about 6 months to issue the permanent residence card.
For this category there is not Premium Processing Fee for this category to shorten the processing decision down to 15 calendar days.