immigration, your path to a green card

ImmigrationYour Path to a Green Card

This Slideshow is an excerpt takenfrom the Immigration Navigator: From Foreign Immigrant to American Citizen

Visit comingtoamerica.org to purchase this simplified roadmap towards American Citizenship.

Get Social With US!

http://www.comingtoamerica.org/

https://www.facebook.com/pages/Coming-To-AmericaOrg/124935227682130

https://www.youtube.com/user/comingtoamericaebook

https://twitter.com/Coming2_America

http://pinterest.com/coming2america/

http://comingtoamerica.org/immigration-news-from-the-us-government/

https://plus.google.com/u/0/115957746972277966653/posts

How to go about getting a green card from a country that issues very few

each year?

Start Planning Early!

A. Selecting the Right Path

Employment-based Immigration

Marriage Family Luck

Four general types: • Employment with a U.S.

employer• Investment• Self-petition• Specialized jobs or waivers


Corporation

Partnership

Sole Proprietor

Individual

Permanent Employment

1. Employment-Based Green Card

TIPYou do not have to be in the U.S., or working for the employer, for them to petition for you! You can be living abroad, or working for another employer. The labor certification is a “future job offer,” therefore, the process can be started before you begin employment, or come to the U.S.





LIMITED

Preference Categories



Priority Workers

EB-1

Receive visa numbers before other categories, and are always “current,” i.e., these visas are always available.

This includes workers with extraordinary ability in;• The Sciences• Arts• Education• Business• Athletics • Outstanding Professors and Researchers• Multinational Executives and Managers



Advanced Degree Professionals, and Persons with Exceptional Ability

EB-2

An advanced degree is a U.S. Master’s degree, or equivalent, or higher. This preference category also includes persons with exceptional ability in the sciences, arts, or business.



Professional, Skilled and Other Workers

EB-3

This is the most used preference category, and includes;

• Professional workers (those with a U.S. bachelor’s degree or equivalent)

• Skilled workers with two years of training or experience• Unskilled labor, which requires less than two years experience.



Require Sponsoring Employer

EB-2 & EB-3

It is important to note that the job offered to you is what will determine whether you are in EB-2 or EB-3, in combination with your own qualifications.

The job offered to you must require qualifications (i.e., a master’s degree for EB-2) and you must possess the qualification (you received a master’s degree before applying).



Steps Required

EB-2 & EB-3

• Highly regulated• Multiple regulatory proscribed deadlines• Labor market test• Prevailing wage (Department of Labor)• Labor Certification • Employer must file an I-140 Petition with USCIS, within

180 days of the labor certification’s approval



EB-2 & EB-3

TIPThe labor certification must be started during the prevailing wage validity period. Once approved, the labor certification expires after 180 days from approval, therefore, filing the I-140 petition during that 180-window is critical. There are no exceptions to the 180 validity period.



I-485If your visa category is not current, then you must file the I-140 during the 180 validity period and then file your I-485 once your visa category becomes current.

I-140



Immigration Flow Chart

EB-2/EB-3

ConductRecruitment

Obtain PrevailingWage (PW) from DOL

File Labor Clarification

during PW validity

File I-140 Petitionwithin 180 day

File I-485 for Greencard when Priority

Date is current

PermanentResidence(5 years)

U.S. Citizenship

• Safest, fastest, and most direct method • Available to:

‐ Primary Applicant ‐ Spouse‐ Children

• 10,000 investor visas annually‐ Spouse and children count towards that number‐ Available to both simple investors and the more

involved entrepreneur


2. Investment-Based Green Card

EB-5



EB-5

Cash, equipment, inventory, and other tangible property

Entrepreneur

• $500,000 US, if it is invested in a targeted employment area (an area of high unemployment or a rural area)– Create or preserve at least 10 full-time-equivalent jobs – Within two years of the investor’s admission to the U.S– Jobs may be directly employed by the investment vehicle



EB-5TIPTypically, the investor will pay significantly more than the investment amount, as there are administrative fees associated with the program, especially with investment centers.There are many costs associated with this route, including economist reports and financial evaluations.Immigration attorney fees also tend to be higher due to the complexity of this route.



EB-5Regional Centers

(Pre-approved investment vehicles)

Benefits • Often in TEAs, allowing for the lower

investment amount of $500,000• Permit the creation of indirectly created jobs

www.uscis.gov/eb-5centers

http://www.uscis.gov/eb-5centers



EB-5After the Investment is Made

I-526Immigrant Petition by Alien Entrepreneur

Once approved, you can apply for an immigrant visa abroad, or if you are already in the U.S., you can apply for adjustment with - I-485



EB-5• When approved, the investor and family

members receive “conditional permanentresidence”

• The immigrant investor’s conditional residence is two years only, after which the conditions may be removed, and permanent residence granted

• They are all eligible for work and travel authorization during this period



EB-5• Ninety days before the two-year conditional

period is up, the EB-5 investor files an I-829 to remove the conditions on permanent residence, allowing the investor to live and work permanently in the U.S.

• That application removes the conditions for family members as well

I-829

Investor Immigration Flow Chart

I-526 Immigrant Petition by Alien

Entrepreneur

Apply for Immigrant Visa

AbroadAdjustment with

I-485Conditional 2-year

Residence

Conds. Removed Permanent

Residence Granted

Investor, Spouse& Children

Eligible for Work



90 Days Before 2-year Conditional Period is up I-829

Live and work Permanently in the

U.S.


3. Self-Petition Green Card

Categories • Individuals of extraordinary ability in

The Sciences Arts Education Business Athletics (an employment-based, first preference,

or EB-1, green card)• Individuals granted a National Interest Waiver

(employment-based, second preference, or EB-2, green card)



EXTRAORDINARY ABILITY • Individuals deemed to be the "best of the best"

in their field• USCIS will accept proof of significant one-time

achievements



TIPThese applications are extremely subjective and therefore difficult to “predict” how USCIS will react. USCIS gives the example of Nobel Prize winners as its primary example of someone with extraordinary ability!



Criteria for Selection (3 of 10) Lesser nationally or internationally

recognized prizes or awards Membership in associations which

demand outstanding achievement Published material about you in

professional or major publications Judging the work of others,

individually or on a panel Original scientific, scholarly,

artistic, athletic, or business-related contributions of major significance to your field

Authoring scholarly articles in

professional or major publications Major artistic exhibitions or

showcases Performance of a leading or critical

role in distinguished organizations High salary or other significantly

high remuneration Commercial successes in the

performing arts



Criteria for Selection Lesser nationally or internationally

recognized prizes or awards Membership in associations which

demand outstanding achievement Published material about you in

professional or major publications Judging the work of others,

individually or on a panel Original scientific, scholarly,

artistic, athletic, or business-related contributions of major significance to your field

Authoring scholarly articles in

professional or major publications Major artistic exhibitions or

showcases Performance of a leading or critical

role in distinguished organizations High salary or other significantly

high remuneration Commercial successes in the

performing arts

Again, these applications are judged harshly, therefore having more than just three of the criteria, and multiple items for each, should increase the chances that you will be considered to be “extraordinary.”



National Interest Waiver (NIW) EB-2Someone seeking a NIW is asking USCIS to waive that the labor certification because it is in the interest of the United States.

“National Interest” Test

…the person is going to be providing a great benefit to the U.S.



National Interest Waiver (NIW) EB-2You must meet at least three of the following criteria: Degree, or similar award, relating to your area of exceptional ability At least 10 years of full-time experience in your occupation License to practice your profession Certification for your profession or occupation Salary that demonstrates your exceptional ability Membership in a professional association(s) Recognition of your achievements and significant contributions to

your field by your peers, professional, or business organizations



National Interest Waiver (NIW) EB-2In addition, you must demonstrate that your work is of national interest.

• Your field or work have substantial intrinsic merit

• Benefit of your work will be national in scope‐ Prospective national benefit‐ Future benefit

Self-Petition Immigration Flow Chart

I-140 Petition

I-485 Green Card

Permanent Residence for

5 yearsU.S. Citizenship




4. Specialized Job Categories Green card

There are specialized jobs that may allow you to get a green card based on a past or current job. • Afghan/Iraqi Translator • Broadcaster • International Organization Employee • Iraqi Who Assisted the U.S. Government • NATO-6 Nonimmigrant • Religious Worker

B. Multiple Paths: Can I Try More than One?

Yes!

The U.S. system is not “mutually exclusive” and you may be seeking multiple pathways at the same time.


Example:• Multinational executive• Transferred to U.S. branch in Jan. 2012• EB-1 green card• Company is considering a merger• His job is secure• Pursue an investor green card• Continue process until one is approved• Once approved, other process will stop

EB-1


EB-1This is especially common for workers who are sponsored by one employer, and then later transfer to another employer who agrees to start their own green card process. Both employers may have a green card in process for the same worker, however, the worker will ultimately have to choose which process to complete.

C. Applying for Permanent Residence

For each of the different types of immigrant visas – • You must initially establish your eligibility– File I-140 petition (I-360 for Special Immigrants}

• You may file for permanent residence concurrently with your I-140 if your priority date is current (Visa Bulletin) or once the I-140 is approved and your priority date is current

http://travel.state.gov/visa/bulletin/bulletin_1360.html


The Two Paths to Permanent Resident Status

• Adjustment of status– Someone already in the U.S.– Receive green card without returning home

• Consular processing– Obtain a visa abroad through a U.S. embassy– Then enter the United States as a permanent

resident


TIPPersons physically in the U.S. may elect to “consular process” both when filing their I-140 petition, or afterwards. Consular processing is not limited to people physically outside the U.S.


Adjustment of Status (AOS)

I-485 G-325 I-765 I-131

Application Work Permits Travel Permit Fees


Adjustment of Status (AOS)

The essential steps are: • I-485 should be filed with

‐ Appropriate fees (using separate checks can be helpful) ‐ Supporting documents (including original medical exams)

• After filing‐ You will begin receiving multiple receipts and notices ‐ Biometrics appointment (picture, signature, fingerprinting)

• Work permits and travel documents‐ Will arrive by mail within about 90 days‐ If they are not issued within 90 days, you can make an INFOPASS

appointment to follow up on any issues


TIPYou should never travel outside the U.S. after applying for permanent residence without a travel document approved before you depart the U.S.!

Leaving the U.S. without a pre-approved travel document may constitute abandoning your application, resulting in the loss of all fees and the time already spent on the application.


After some processing (weeks to several months), you may be scheduled for an interview at a local USCIS office.

Employment-based cases are scheduled for interviews less frequently than family-based cases; however, it is common for an interview to be scheduled.

TIP If you are scheduled for an interview, take it very seriously.

Dress appropriately for an official government inspection. Be respectful. Be prepared: bring all documents requested in your interview notice, and if you like to be prepared, bring along copies of your past immigration filings and updated information such as employment letters, recent travel records, and tax filings.


TIPYou will want to bring original ID documents (passport, driver’s license) as well as other originals of any other documents in the I-485 filing. Birth certificates, I-94 card, travel documents, etc.



After Your Interview


Consular Processing

To obtain your immigrant visa, you may also elect to Consular Process instead of applying in the U.S.

This is especially beneficial for persons who are not currently in the U.S. Consular processing is significantly different from adjusting status.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=62280a5659083210VgnVCM100000082ca60aRCRD&vgnextchannel=62280a5659083210VgnVCM100000082ca60aRCRD


The essential steps are:

• Upon approval of your immigrant petition (I-140, etc.), USCIS will notify the National Visa Center (NVC) operated by the Department of State. NVC will log your approved petition, and schedule it for a visa interview. If your priority date is not current, it will be held until your date becomes current • The NVC will begin sending you “packets.” These will be requests for fees and

supporting documents. You will mail these back to the NVC• When all of your documents and fees have been received, your priority date is

current, and a visa is available, the NVC will schedule you for an interview at the consulate • If your interview is successful, you will receive a visa packet to give to the

CBP agent when you enter the U.S. • After your inspection by CBP, you will be admitted to the U.S. as a

permanent resident• After admission, USCIS will mail you a green card, typically within about 30 days

D. What Now? Maintaining your LPR Status.

As a permanent resident, you have the freedom to:• Be employed • Study• Travel freely

For most permanent residents, you will need to:• Maintain your LPR status for five years • Act as a good “citizen” • Never hold yourself out as a citizen! • Do not register to vote, or claim other benefits of citizenship

D. What Now? Maintaining your LPR Status. • If you, your spouse, or child is a male aged

18 to 25, you will need to register with the Selective Service

• Travel should be greatly simplified • Carry a valid passport and your valid, unexpired green card• You’ll no longer need a visa or travel document• If you intend to stay out of the U.S. for a year, you should

immediately consult an immigration attorney to issue your permanent residence is protected

http://www.sss.gov/default.htm

http://www.sss.gov/default.htm

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=0c353a4107083210VgnVCM100000082ca60aRCRD&vgnextchannel=0c353a4107083210VgnVCM100000082ca60aRCRD

TIPKeep detailed records of all your international travel.

When you apply for citizenship in five years, you must list all your travel abroad.

Keep copies of itineraries, plane tickets, etc., to document your travel dates.

D. What Now? Maintaining your LPR Status.

This Slideshow is an excerpt takenfrom the Immigration Navigator: From Foreign Immigrant to American Citizen

Visit comingtoamerica.org For the purchase of this comprehensive immigration e-book and multiple free bonuses!

Get Social With US!

http://www.comingtoamerica.org/

https://www.facebook.com/pages/Coming-To-AmericaOrg/124935227682130

https://www.youtube.com/user/comingtoamericaebook

https://twitter.com/Coming2_America

http://pinterest.com/coming2america/

http://comingtoamerica.org/immigration-news-from-the-us-government/

https://plus.google.com/u/0/115957746972277966653/posts

immigration, your path to a green card

News & Politics

green card eb

green card professional

green card steps

green card priority

sponsoring employer

exceptional ability

employer investment

targeted employment