1. Is a Green Card available for Schedule A Occupations?
Yes, a Green Card is available for Schedule A occupations. The U.S. Immigration and Nationality Act provides for the issuance of special visas for certain occupations, including those on Schedule A, which are designated as having a shortage of qualified U.S. workers. To qualify for a Green Card, individuals must meet the qualifications outlined in the specific Schedule A occupation category and must have a job offer from an employer located in the United States.
2. How long does the Green Card process take for Schedule A Occupations?
The Green Card process can typically take between four and eight months for Schedule A Occupations.
3. What are the requirements to qualify for a Green Card under Schedule A Occupations?
To qualify for a Green Card under Schedule A Occupations, individuals must show that they are members of a profession that is designated as a “Schedule A occupation”. Schedule A occupations include physical therapists, professional nurses, and certain religious workers. To qualify, individuals must demonstrate that they have the necessary education, training, or experience required for the position and that they have received state licensure/certification in the United States. Additionally, applicants must submit evidence of their current employment in the field or a job offer for the same.
4. What documents do I need to apply for a Green Card under Schedule A Occupations?
In order to apply for a Green Card under Schedule A Occupations, you will need to provide the following documents:
-Proof of U.S. licensure and/or education requirements;
-Proof of current employment or job offer;
-A completed Form I-140, Immigrant Petition for Alien Worker;
-Proof of income and assets;
-Employment verification letter from the employer;
-Two passport-style photographs;
-Original birth certificate;
-Passport or other government issued identification;
-A Medical Examination Report Form I-693; and
-Evidence of any applicable filing fees.
5. Are there any special benefits available to those applying for a Green Card under Schedule A Occupations?
No, there are no special benefits available to those applying for a Green Card under Schedule A Occupations.
6. Are there any additional fees associated with applying for a Green Card under Schedule A Occupations?
Yes, some additional fees may be associated with applying for a Green Card under Schedule A Occupations. Certain individuals may be required to pay application fees, biometric services fees, or other miscellaneous fees. Depending on the individual’s eligibility and the specifics of the application, the fees can vary.
7. How does my employer play a role in the Green Card process under Schedule A Occupations?
Your employer plays an important role in the Green Card process under Schedule A Occupations. Your employer must provide evidence that you are eligible for the job you are applying to, and that you have the qualifications, experience, and other requirements for the job. Your employer must also complete a Form I-140 Petition for Alien Worker. This form includes information about your job and your qualifications to fill it, as well as evidence that the job is a Schedule A occupation. Finally, your employer will also be required to provide supporting documentation to demonstrate that the job is a permanent position in the U.S. and not a short-term or temporary position.
8. Is there an age limit when applying for a Green Card under Schedule A Occupations?
No, there is not an age limit when applying for a Green Card under Schedule A Occupations. However, applicants must be able to demonstrate that they possess the qualifications and experience necessary to do the job in question.
9. Can I receive a waiver if I do not meet the requirements for a Green Card under Schedule A Occupations?
No. The U.S. Department of State has made clear that there is no waiver process for the Schedule A Occupations.
10. Are there any special procedures that must be followed when applying for a Green Card under Schedule A Occupations?
Yes, there are certain procedures that must be followed when applying for a Green Card through Schedule A Occupations. The U.S. Citizenship and Immigration Services (USCIS) requires employers to submit a labor certification application with the Department of Labor (DOL) for the specified occupation. The DOL must then certify that there are not enough qualified and willing U.S. workers available to fill the position and that employment of the foreign worker will not adversely affect the wages and working conditions of U.S. workers similarly employed. After the labor certification is approved, the employer must file an I-140 immigrant visa petition with USCIS, along with the approved labor certification, required supporting documentation, and associated filing fees.
11. What is the difference between permanent and temporary work authorization when applying for a Green Card under Schedule A Occupations?
Permanent work authorization is the ability to live and work in the United States permanently. This is granted through a Green Card under Schedule A Occupations. Temporary work authorization is a limited, short-term permission to live and work in the United States. This could be granted through an O or P visa.
12. Are there any restrictions on travel abroad when applying for a Green Card under Schedule A Occupations?
Yes. Applicants for a Green Card under Schedule A Occupations are not allowed to travel outside of the US until they have received their Green Card.
13. Are there any restrictions on returning to the United States after traveling abroad with my Green Card under Schedule A Occupations?
No, there are no restrictions on returning to the United States after traveling abroad with your Green Card under Schedule A Occupations. However, it is important to make sure that your Green Card is valid and that you adhere to all U.S. immigration laws and regulations.
14. How will my application be processed if I am not currently in the United States while applying for a Green Card under Schedule A Occupations?
If you are not currently in the United States when you submit your Green Card application under Schedule A Occupations, you will be given a visa number and will be required to attend an immigrant visa interview at a U.S. Embassy or consulate abroad. During the interview, an officer will determine whether you are eligible for a Green Card. If the officer approves your application, you will be issued a Green Card.
15. Can I change my job or employer while on a Green Card under Schedule A Occupations?
Yes, you can change your job or employer while on a Green Card under Schedule A Occupations. You will have to apply for a new Green Card if you change employers, but you can continue to work with the existing employer until the new Green Card is approved.
16. Can I bring my family to the United States with me when I am approved for a Green Card under Schedule A Occupations?
Yes, your family members are eligible for a Green Card at the same time as you (“derivative beneficiaries”). However, they must meet the same eligibility criteria as you do, and will need to submit a separate application.
17. What is the maximum amount of time that I can remain in the United States with my Green Card under Schedule A Occupations?
The maximum amount of time you can remain in the United States with your Green Card under Schedule A Occupations is 10 years. After 10 years, you will need to apply for an immigrant visa or adjust your status to permanent residence.
18. When will I need to renew or replace my Green Card under Schedule A Occupations?
Your Green Card will need to be renewed or replaced every 10 years.
19. What is the process if I need to replace or renew my Green Card under Schedule A Occupations?
If you need to replace or renew your Green Card under Schedule A Occupations, the process generally includes several steps, including:
1. Filing Form I-765, Application for Employment Authorization.
2. Submitting evidence of eligibility for Schedule A Occupations.
3. Paying the filing fee and biometrics fee (if required).
4. Attending an in-person interview with a U.S. Citizenship and Immigration Services (USCIS) officer (if required).
5. Receiving a notification from USCIS once the application has been approved or denied.
6. Receiving your new or renewed Green Card in the mail if approved.
20. Will my family also need to renew or replace their Green Cards if mine expires under Schedule A Occupations?
Yes. Your family members’ Green Cards will also need to be renewed or replaced before your Green Card expires.