1. What is the process for obtaining a Green Card through employment in the U.S.?
The process for obtaining a Green Card through employment generally involves two steps:
1. The U.S. employer must file a Petition for Alien Worker, Form I-140, with the United States Citizenship and Immigration Services (USCIS).
2. After the petition is approved, the foreign worker must apply for an immigrant visa and/or Adjustment of Status (if they are already in the U.S.) with USCIS. The foreign worker may also need to attend an interview with a USCIS officer and may need to undergo medical and criminal background checks.
Once all the requirements are met, the foreign worker will receive their Green Card, which will allow them to live and work in the U.S. permanently.
2. What documents must I provide to apply for a Green Card through employment?
In order to apply for a Green Card through employment, you must provide several documents, including:
-A valid passport
-A copy of your birth certificate
-Your valid I-94 (Arrival/Departure Record)
-Proof of your current or past employment, such as a resume or offer letter
-Proof of your educational qualifications
-Proof of any special skills or training that you possess
-Evidence of any family members who may also be applying for a Green Card
-Proof of financial support to sustain yourself in the US
-Three passport sized photographs of yourself
3. What are the different types of employment-based Green Cards?
There are five different types of employment-based Green Cards, also known as employment visas. These include:
1. EB-1: Extraordinary Ability, Outstanding Researchers and Professors, and Multinational Managers or Executives.
2. EB-2: Professionals with Advanced Degrees or Exceptional Ability.
3. EB-3: Skilled Workers, Professionals, and Unskilled Workers.
4. EB-4: Special Immigrants.
5. EB-5: Immigrant Investors.
4. What is an H-1B visa?
An H-1B visa is a type of visa that allows foreign workers in specialty occupations to temporarily work in the United States. It is a non-immigrant visa that enables employers to hire foreign professionals for positions for which they may not be able to find a qualified U.S. worker. To be eligible for an H-1B visa, the foreign worker must have at least a bachelor’s degree or its equivalent in a specialized field.
5. What is an L-1 visa?
An L-1 visa is a temporary work visa granted by the US which allows a foreign worker to transfer from a company outside the US to a related company inside the US. The foreign worker must have worked for the company outside of the US for at least one year in the last three years and must have specialized knowledge related to the job duties to be performed in the US.
6. How long is an H-1B visa valid for?
An H-1B visa is valid for up to three years, but can be extended up to a maximum of six years.
7. What are the requirements for obtaining an H-1B visa?
To obtain an H-1B visa, applicants must have a job offer from a U.S. employer in a specialty occupation, as defined by the U.S. Department of Labor, and must have at least a bachelor’s degree or the equivalent of a U.S. bachelor’s degree (e.g. foreign degree). In addition, the employer must obtain a labor condition application (LCA) from the U.S. Department of Labor, which is a procedure for attesting that they will pay the prevailing wage as determined by the Department of Labor for the position in the geographic area of employment. The employer must also certify that they will not displace any U.S. worker and that they will comply with other requirements of the immigration law. The foreign worker must also have the required qualifications for the job and must meet certain other requirements of the immigration law.
8. How long does it take to process an employment-based Green Card application?
It typically takes between 6 to 12 months to process an employment-based Green Card application. This timeline is subject to change based on the individual circumstances of the applicant, as well as the volume of applications received by the United States Citizenship and Immigration Services (USCIS).
9. What are the eligibility requirements for a Green Card through employment?
The eligibility requirements for a Green Card through employment vary depending on the category being applied for, but in all cases, the applicant must demonstrate that they have a permanent job offer in the U.S. that is related to their educational field or past work experience. Additionally, the applicant must prove that his or her employer is able to petition on their behalf, and that the employer has the financial resources to pay the applicant’s wages. Depending on the type of Green Card, additional requirements, such as an alien labor certification, may be necessary.
10. How do I adjust my status to become a permanent resident of the U.S.?
In order to adjust your status to become a permanent resident of the U.S., you must file Form I-485, Application to Register Permanent Residence or Adjust Status with the U.S. Citizenship and Immigration Services (USCIS). You must also provide evidence that you are eligible for a visa or other form of legal immigration status. You will also need to provide proof of legal entry into the U.S., as well as any other supporting documents required by USCIS.
11. What is the difference between an H-1B and an L-1 visa?
An H-1B visa is a temporary work visa used by foreign professionals employed in specialty occupations in the United States. The L-1 visa is an intra-company transfer visa that allows employees of international companies to work in the U.S. branch of the same company. The H-1B visa is typically used by employers to employ foreign workers in specialty occupations that require theoretical or technical expertise, while the L-1 visa is typically used for intracompany transfers of executives, managers and specialized knowledge workers.
12. Are there any restrictions on who can apply for a Green Card through employment?
Yes, there are restrictions on who can apply for a Green Card through employment. These restrictions depend on the applicant’s country of origin, type of employment they have, and the number of Green Cards that are available for their home country. Additionally, applicants must meet certain eligibility requirements such as having a job offer from an employer in the US, having valid qualifications for the position, and demonstrating that they will not become a public charge in the US.
13. How do I update my address after I receive my Green Card through employment?
To update your address after receiving your Green Card through employment, you must submit a Form AR-11 to the United States Citizenship and Immigration Services (USCIS). You can submit the form online on the USCIS website or through mail.
14. What is a labor certification and how do I obtain one?
A labor certification is a document issued by the Department of Labor that verifies there are no qualified U.S. workers available to fill a certain job position. This document must be provided by employers sponsoring a foreign worker for permanent residence in the U.S. through a process known as permanent labor certification. The employer must submit an application, along with recruitment and other evidence, to the Department of Labor’s Employment and Training Administration. After review of the application, the Department of Labor decides whether to certify or deny the labor certification. If granted, the employer can then proceed with submitting the visa petition to United States Citizenship and Immigration Services (USCIS).
15. Can I work while my Green Card application is being processed?
Yes, you can work while your Green Card application is being processed. You are eligible to apply for an Employment Authorization Document (EAD) which will allow you to work legally in the United States while your Green Card application is being processed.
16. Can I enter the U.S. with an employment authorization document (EAD)?
Yes, an Employment Authorization Document (EAD) is acceptable for entry into the United States.
17. If I do not receive my Green Card, can I still remain in the U.S.?
No. You cannot remain in the U.S. without a valid Green Card. If you do not receive your Green Card, you must leave the U.S. or apply for a different visa to remain in the country.
18. Can I apply for naturalization through employment status?
Yes, you can apply for naturalization through employment status if you are a lawful permanent resident (LPR) and have worked for the same employer for a certain period of time. The general requirements are that you must be physically present in the United States and have been employed in a “qualifying” job for at least 12 months, be of good moral character, demonstrate knowledge and understanding of the English language and U.S. history and government, and be attached to the principles of the Constitution of the United States.
19. What are the benefits of having a Green Card through employment status?
The benefits of having a Green Card through employment status include the right to work and establish residence in the United States, travel outside and reenter the United States without applying for a visa, live and work in the United States indefinitely, access Social Security benefits, obtain federal financial aid for college education, apply for citizenship after five years of residence, receive family-based immigration benefits, and be eligible for certain federal benefits.
20. Can I travel outside the U.S. while my Green Card application is being processed?
Yes, you can travel outside the US while your Green Card application is being processed, as long as you are eligible for a reentry permit. A reentry permit will allow you to travel outside of the US for 1 year or more without jeopardizing your immigration status. However, if you plan to stay outside of the US for more than 6 months, you should obtain a reentry permit before you leave.