Immigrant Visas:
Foreign nationals who wish to live and work permanently in the United States
are classified as immigrants.
They must obtain an immigrant visa (“green card”) allowing them to stay indefinitely.
Certain individuals may apply on their own behalf.
All other persons are required to have a potential employer or relative apply for them.
Family Based Green Card and Employment Based Green Card are two major ways to get the US green card. Other ways include political asylum, refugee, and diversity lottery.
Family-based petition categories include:
* The US Citizen filing for the foreign relative or fiancé; and
* The Permanent Resident (green card holder) filing for the foreign relative
The U.S. Citizen can file for their fiancé, spouse, parent, children, brother or sister.
The green card holder can file for their spouse or children.
The length of the wait for an immigrant visa varies according to the country of nationality and the type of family relationship or work visa.
Once a visa becomes available, the applicants must show that they are admissible to the United States by:
* Obtaining someone willing to sponsor them so that the sponsored person does not become a public charge.
* Proving that they have passed a medical exam and have required vaccinations.
* Demonstrating that they cannot pose a security risk.
* Proving that they cannot have committed crimes or engaged in immoral behavior.
* Pursuant to the new immigration law.
* A person who leaves the US after being here unlawfully for over 180 days is barred from re-entering for 3 years.
* A person who leaves the United States after being here unlawfully for over one year is barred from re-entering for 10 years. (There are discretionary waivers in limited circumstances)
Employment-Based Immigrant Visas:
Employment-based immigrants will require a US company to sponsor them in order to obtain a green card.
Each year, nearly 140,000 applicants are awarded green cards under this category. Employment based visas are divided into five preference categories.
Some categories necessitate Labor Certification from the USDOL. (See PERM-Labor Certification)
This category does not include:
* Immigrants with extraordinary abilities. For example, athletes, musicians, artists, scientists, etc.
* Certain investors.
* Special immigrants.
For instance, religious workers and juvenile wards of the court.
Before a U.S. employer can sponsor a foreign employee, the employer must persuade the Department of Labor via Labor Certification, to certify that there are no American workers available for the position being taken by a foreign employee. Visas are sooner available for positions requiring at least two years of experience, than for positions requiring less experience.
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