Work Permits for the USA


By Anonymous - Posted on 16 November 2009

US Visa options - getting your Green Card

by Grant Kaplan of the Law Offices of Grant Kaplan
A Green Card holder (Immigrant) is a foreign national who has been granted the privilege of 'permanently' living and working in the United States of America.
 
A Green Card is the official card issued by the US Immigration Service (USCIS) to foreign nationals granting them permanent residency in the USA. A Green Card allows you to live and work in the United States of America.
 

Obtaining a Green Card

 
Generally, the process takes three steps when applying through employment:

 

(1) the Labor Certification; (2) the Immigrant Petition (I-140 or I-526); and 3) the Adjustment/Permanent Residence Application.
 
Your can either live in the U.S. under a non-immigrant visa while your immigrant visa is being processed; alternatively, you can wait in your home country until final approval, at which point you would emigrate. The waiting period, which is quite varied, will depend on the skill level you are classified under. A U.S. company must file the application petitioning you. The company can be owned by you or not, depending on the visa classification.
 
The Green Card can also be obtained through family members who are either U.S. Citizens or Legal Permanent Residents (Green Card holders) who is a parent, child, son/daughter over 21, spouse, sibling or fiancé(e). These are generally easier and sometimes faster than employment-based Green Card applications. We can assist if you meet the above criteria.
 
The “EMPLOYMENT BASED” Non-Immigrant Visas that allow you to reside in the U.S. while processing your Green Card include:
 

L-1 Visa

 
Available for companies that wish to expand operations into the United States by opening a branch, a warehouse or an office. This visa, known as the L-1 visa, is one of the most popular, especially since it can lead to permanent residency, and relatively easy to obtain with the right documentation and presentation. You would be transferred from your company’s offices in your home country to the new office in the U.S. Both companies must remain operating during your stay in the U.S.
 
The L-1 non-immigrant visa is one of the fastest options to obtaining a Green Card. Your U.S. company can sponsor you for a Green Card. It allows you to skip the first step (Labor Certification), and the waiting period is relatively short, from 8-15 months.
 

EB-5 Visa

 
This is probably the quickest way to obtain U.S. residency, but does require a direct financial investment into a new or existing U.S business. The minimum funds required for the investment is either $500,000 or $1,000,000, depending on the geographic area. Your U.S. company can sponsor your Green Card application.
 

E-2 Visa

 
Service and trading companies may qualify for the E-2 treaty trader status. "Trade" signifies trade in goods and trade in services. Financial services companies, software companies, attorneys, accountants, and the like, along with companies trading goods, may qualify for E-2 treaty trader status. Your must buy or start up a company in the U.S. with personal funds; you must be the principal owner (at least 50%); a "significant investment' is required - you must cover at least 50% of the funds required to start up or purchase the business; and the money needs to be at "risk". Though most countries are eligible for E visas, there are some that are not.
 
Your U.S. company may not sponsor you for the Green Card. You must find another company to sponsor you.
 

H-1 Visa

               
H-1 visas are for skilled International Professionals and International Students, from all over the World, or already in the USA, who want to live and work in America on a long term basis. You must have a U.S. company to sponsor your (request you as a worker). Under certain circumstances, you may be allowed to own the company that will sponsor you.
 
The U.S. company may sponsor you for the Green Card ONLY if you, or a relative, do not own the company.
 
Other possible visas include:
  • TN-1 Visa
  • E-1 Visa
  • E-3 Visa
  • J-1 Visa
  • And various study visas

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