Wednesday, August 15, 2012

The Green Card Rush Has Started - Law


The U.S. Government has issued 65,000 green cards this year

for the purpose of allowing people of foreign birth to live and

work in the United States. But what is a green card? How does it

work and what is the application process?

A green card is usually issued to people who are normally

permanently resident in the United States and who wish to become

a US citizen. After five years that person is usually eligible to

apply for citizenship and naturalization.

In practice there are two broad ways of getting a green card.

These are through employment in the United States and through

their immediate family.

The correct term for the former type of green card is the H1B

Work Visa. This is issued by the U.S. Government and allows

foreign professionals from all over the world the opportunity to

live and work in the United States.

As one Fortune 500 company recently told our H1B Research

Group, "International job seekers who do not take action now,

will miss this narrowing opportunity to work in the US. It is

crucial to find an H1B Job within the next few months, to even

stand a chance of being counted towards the quota."

These are common feelings and sentiments from many of the H1B

sponsor companies.

Many of the top US sponsor companies who were shut out in the

cold, due to this year's H1B Cap being reached very early, are

doing everything in their power to ensure they get their fair

share of new H1B visa employees as fast as possible.

People wishing to work in the USA will:

1. Need to find a job within a company who will 'sponsor' and

H1B visa for the employee.

2. Ensure the new employer (known as the sponsor company) then

files the H1B application on behalf of the employee.

3. Wait until the visa application is approved by the US

Immigration Bureau.

Two special categories involving work are Labor and National

Interest. In the case of Labor, an applicant may obtain a green

card who shows the ability and willingness to perform a specific

job in a specifically assigned region, according to a specific

set of skills.

Employer sponsorship may be waived in the case of an applicant

who can demonstrate that he or she has professional skills to be

of national interest to the United States.

In extraordinary cases, if individuals can demonstrate skills

or knowledge that are so specialized that they put them at the

top of their field, those individuals can usually be granted a

green card without the usual official procedures on the grounds

of justified exemption.

A similar arrangement would exist for academics and

researchers who are recognised internationally as being at the

top of their field.

In the case of applications for a green card because of family

connections, it must be through an immediate family relationship.

A person may apply for a green card if a child, parent or sibling

is already an American Citizen. If the parent of a child (who is

a minor) is already an American citizen then the child is

automatically eligible for a green card.

Also within the broad category of family relationships falls

marriage to an existing American citizen. The American citizen

must also reside in the United States and there must be

sufficient proof to show that the marriage is legitimate.

However, in the case of the former example, through a sponsor

employer, the limit this year is 65,000 applicants. Those who

believe they are eligible should seek advice right away.





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