Consular processing

In plain terms: consular processing is how a sponsored worker who lives outside the U.S. gets an immigrant visa at a U.S. embassy or consulate in their home country, then travels to the U.S. to become a permanent resident.

After the I-140 is approved, the case moves to the National Visa Center, which collects the worker’s forms, fees and documents. When the priority date is current, the worker has a medical exam and an interview at the consulate. If approved, an immigrant visa is placed in their passport, and they become a permanent resident when they enter the U.S.

What it means for you: the worker’s start date depends on the interview date and their travel. The immigrant visa is usually valid for up to six months, and the worker must enter the U.S. within that window. The worker becomes a permanent resident the day they enter the U.S. The permanent resident card arrives by mail within a few weeks of arrival, and the Social Security card also arrives within a few weeks when the worker requested it on the immigrant visa application. The worker doesn’t need to wait for either card to start work: the passport with the stamped immigrant visa serves as temporary proof of permanent residence for the Form I-9.

National Visa Center (NVC)

In plain terms: the National Visa Center is the State Department office that takes over consular cases after USCIS approves the I-140.

It collects the worker’s application, fees and civil documents, such as birth and marriage certificates, checks that the file is complete, and schedules the consular interview once the priority date is current. Employers usually don’t deal with the NVC directly. Most of the worker’s own paperwork happens at this stage, and the case stays here while the worker waits for their priority date.

Form DS-260

In plain terms: Form DS-260, the Immigrant Visa Electronic Application, is the online green card application a worker outside the U.S. completes with the State Department for consular processing.

Each family member who will come with the worker completes their own. The worker completes this form, not the employer, and it’s typically filed after the case reaches the National Visa Center. The consular officer reviews it before and during the interview.