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ImmigrationINFO …Immigration News For Our Community

Dec 30, 2012 News

Specific Job Skills May Lead to a Green Card
Attorney Gail S. Seeram, [email protected]

Many people become permanent residents through a job or offer of employment. Some categories require a certification from the U.S. Department of Labour to show that there are not enough U.S. workers who are able, willing, qualified, and available in the geographic area where the immigrant is to be employed and that no American workers are displaced by foreign workers.
In other cases, highly skilled workers, those with extraordinary ability in certain professions, and investors/entrepreneurs are given priority to immigrate through several immigrant categories. In all cases, the process involves several steps.
The main ways to immigrate based on a job offer or employment are listed below:
Green Card Through a Job Offer: You may be eligible to become a permanent resident based on an offer of permanent employment in the United States. Most categories require an employer to get a labor certification and then file an Immigrant Petition for Alien Worker, for you.
Green Card Through Investment: Green cards may be available to investors/entrepreneurs who are making an investment in an enterprise that creates new U.S. jobs.  The dollar amount that must be invested is US$1,000,000 or US$500,000 in a targeted area.
Green Card Through Self Petition: Some immigrant categories allow you to file for yourself (“self-petition”). This option is available for either “Aliens of Extraordinary Ability” or certain individuals granted a National Interest Waiver.  This may include physicians, registered nurses and occupations where there is a shortage of workers in the United States.
Green Card Through Special Categories of Jobs: There are a number of specialized jobs that may allow you to get a green card based on a past or current job experience. In some cases, you may be able to file the immigrant petition at the same time that you file for adjustment of status, known as “concurrent filing” while in the U.S.
In some employment based categories, there is a backlog to visa availability.  If you are not eligible to adjust your status inside the United States to a permanent resident, the immigrant petition will be sent to the U.S. consulate abroad to complete the visa process.
In order to apply for a green card, there must be a visa immediately available to you.
In cases where you have overstayed in the United States and accrued unlawful presence, you may not be eligible to adjust status in the U.S. (or obtain a green card in U.S.) if you have an approved employment based petition.

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