USA – UNITED STATES
Do you long to reside and work in USA? Due to its abundance of opportunities, the United States attracts experts from all over the world. One of the most common paths to residency is through employment-based immigration and obtaining a Green Card.In this comprehensive guide, we’ll look at every aspect of getting a Green Card by working in the USA..
What is a Green Card?
A Green Card is a legal document that certifies someone as a legitimate permanent resident of the United States. It acts as evidence that they are permitted to stay and work in the nation permanently. Green Card holders are entitled to a number of advantages, including as social security benefits, health care, and legal protection under American laws.
USA Employment-Based Green Cards:
The United States offers several employment-based categories for individuals seeking a Green Card based on their job skills and qualifications. These categories are divided into preference categories, each with its own set of requirements and limitations. The employment-based Green Card categories include:
a) EB-1: Priority Workers: Reserved for individuals with extraordinary abilities in the arts, sciences, education, business, or athletics, outstanding professors or researchers, and multinational executives or managers.
b) EB-2: Professionals with Advanced Degrees or Exceptional Ability: This category includes professionals holding advanced degrees or individuals with exceptional ability in fields such as science, art, or business.
c) EB-3: Skilled Workers, Professionals, and Other Workers – This category encompasses skilled workers with at least two years of experience, professionals with bachelor’s degrees, and other workers performing unskilled labor.
d) EB-4: Special Immigrants – This category covers specific groups such as religious workers, broadcasters, Iraqi/Afghan translators, and retired NATO-6 employees.
e) EB-5: Immigrant Investors – The EB-5 program allows foreign investors to obtain a Green Card by investing a certain amount of capital in a new commercial enterprise that creates jobs for U.S. workers.
Diversity visa: If you are from a country with low immigration rates to the United States, you may be eligible for the diversity visa program. This program is also known as the green card lottery.
Benefits and Responsibilities of Green Card Holders:
Green Card holders enjoy numerous benefits in the United States, including:
a) Permanent residency: Green Card holders have the right to live and work permanently in the United States.
b) Employment opportunities: They can work in any job or industry without restrictions.
c) Social security benefits: Green Card holders are eligible for social security benefits upon retirement.
d) Education benefits: They can access educational opportunities, including attending public schools and universities.
e) Healthcare benefits: Green Card holders have access to healthcare services and can participate in the Affordable Care Act.
Green Card holders have obligations include adhering to US laws, paying tax returns, and maintaining their residency status, in addition to these advantages.
The Green Card Application Process for Employees:
An employment-based Green Card is obtained through a multi-step process that involves both the employer and the employee. The overall procedure entails:
a) Labor Certification: To show that there are no competent American workers available for the post being offered to the foreign national, the employer often needs a labor certification from the U.S. Department of Labor (DOL).
b) Form I-140 Petition: The employer submits Form I-140, Immigrant Petition for Alien Worker, to US Citizenship and Immigration Services (USCIS) when the labor certification is accepted. This document certifies the employee’s eligibility for an employment-based Green Card.
c) Visa Availability: There could be a waiting period before visas become available, depending on the preference category and the applicant’s country of origin. The priority dates that are currently being processed are listed in the monthly Visa Bulletin that is published by the Department of State.
d) Adjustment of Status or Consular Processing: If a visa number is available, the employee may continue with either consular processing (if they are not already in the United States) or status adjustment (if they are). While consular procedure necessitates appearing at an interview at a U.S. embassy or consulate, adjustment of status entails submitting Form I-485, Application to Register Permanent Residence or Adjust Status.
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