Green Card - An Overview

Introduction

H1B holders are eligible to obtain permanent residency through his/her employment. H1B is a temporary work VISA which will allow foreign nationals to work in USA for the period of 6 years. During this six year period, they can process their greencard and become an immigrant. It is a multi step process and may take 2-5 years depending upon the category and INS processing speed.

Step -1 Labor certification

The U.S. employer completes a labor certification request (Form ETA 750) for the applicant and submits it to the Department of Labor's Employment and Training Administration

Step -2 Immigrant VISA petition (I-140)

INS must approve an immigrant visa petition, Form I-140, Petition for Alien Worker, for the person wishing to immigrate to the United States. The employer wishing to bring the applicant to the United States to work permanently, files this petition. However, if a Department of Labor certification is needed, the application can only be filed after the certification is granted. The employer acts as the sponsor (or petitioner) for the applicant (or beneficiary) who wants to live and work on a permanent basis in the United States.

Step -3 Adjust to permanent resident status (I-485)

If the applicant is already in the United States, he or she must apply (I-485) to adjust to permanent resident status after a visa number becomes available.

If the applicant is outside the United States when an immigrant visa number becomes available, he or she will be notified and must complete the process at his or her local U.S. consulate office.

Employment based categories

There are five categories for granting permanent residence to foreign nationals based on employment skills

EB-1 Priority workers

Foreign nationals of extraordinary ability in the sciences, arts, education, business or athletics

Foreign national that are outstanding professors or researchers

Foreign nationals that are managers and executives subject to international transfer to the United States

No labor certification is needed for EB-1 petitions. For more information, please visit INS webs site.

EB-2 Professionals with advanced degrees or persons with exceptional ability

Foreign nationals of exceptional ability in the sciences, arts or business

Foreign nationals that are advanced degree professionals

Qualified alien physicians who will practice medicine in an area of the U.S. which is underserved

A petition for a foreign professional holding an advanced degree may be filed when the job requires an advanced degree (beyond the baccalaureate) and the alien possesses such a degree or the equivalent. The petition must include documentation, such as an official academic record showing that the alien has a U.S. advanced degree or a foreign equivalent degree, or an official academic record showing that the alien has a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that the alien has at least 5 years of progressive post-baccalaureate experience in the specialty. (If you have 4 year degree, You must have 5+ years experience before you apply for EB2, experience with your current employer cannot be counted against this 5 year)

EB-3 Skilled or professional workers

Foreign national professionals with bachelor's degrees (not qualifying for a higher preference category)

Foreign national skilled workers (minimum two years training and experience)

Foreign national unskilled workers

Professionals must hold a U.S. baccalaureate degree or foreign equivalent degree that is normally required for the profession. Education and experience may not be substituted for the degree. Most of the H1Bs are eligible for this category.

EB-4 Special Immigrants

Foreign national religious workers

Employees and former employees of the U.S. Government abroad

To qualify as an EB-4 special immigrant religious worker, you must be a member of a religious denomination that has a non-profit religious organization in the United States. You must have been a member of this religious denomination for at least two years before applying for admission to the United States

EB-5 Immigrant Investors

Permanent resident status based on EB-5 eligibility is available to investors, either alone or coming with their spouse and unmarried children. Eligible aliens are those who have invested -- or are actively in the process of investing -- the required amount of capital into a new commercial enterprise that they have established. They must further demonstrate that this investment will benefit the United States economy and create the requisite number of full-time jobs for qualified persons within the United States. For more information, please visit INS Web Site