Work Permits for the USA

Obtaining a Green Card

 

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

 

You 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); this includes 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.

 

The “EMPLOYMENT BASED” Non-Immigrant Visas that allow you to reside in the U.S. while processing your Green Card include:

 

 

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. It can lead to permanent residency and is 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 (Labour Certification), and the waiting period is relatively short, from 8-15 months.

 

 

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.

 

 

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 visas are for skilled international professionals who want to live and work in America on a long term basis. As these are non-immigrant visas, they are often quicker to obtain than green cards, thus they are ideal for those looking to work in the US for a long duration, but not permanently. In order to qualify for this visa, you must have a US company sponsor or petition for your employment. 

 

Other possible visas include: