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Acquire Green Card Through Employment!

04th May 2011
By hazel Ickes in Immigration Law
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Each fiscal year approximately 140,000 immigrant visas are available for those (and their spouses and children) who seek to immigrate based on their job skills. Among those people some can obtain their green card if they are eligible, through offer of the employment. This is generally a complicated and time consuming process.

Green Card and Labor Certification
Generally, “Labor Certification” process is to be undergone in order to qualify for an employment-based Green Card. This process is taken up by the employer by filing an application with the Department of Labor (DOL) stating that there was no option left out to fill the advertised position with an American. DOL undertakes certain verification processes regarding the statement by the employer before providing the certificate. Certain categories of applicants require no Labor Certification to obtain employment-based Green Card. They are applicants who are considered to have extraordinary ability and skills.

Permanent Worker Visa Preference Categories

The provision of permanent visa through employment is being categorized and the preference is based on the category to which the applicant belongs.

First Preference EB-1
This preference is for persons of extraordinary ability in the sciences, arts, education, business, or athletics; outstanding professors or researchers; and multinational executives and managers. This category does not require a Labor Certificate to apply for green card. They are said to be priority workers.

Second Preference EB-2
This preference is reserved for persons who are members of the professions holding advanced degrees or for persons with exceptional ability in the arts, sciences, or business. The applicants of this category require a Labor Certificate if they cannot obtain National Interest Waiver.

Third Preference EB-3
This preference is reserved for professionals, skilled workers, and other workers. They require a Labor Certificate.

Fourth Preference EB-4
This preference is reserved for “special immigrants”, which includes employees of U.S., retired employees of international organizations, certain religious workers, Foreign Service posts, alien minors who are wards of courts in the United States, and other classes of aliens. Labor Certificate is not required for this category.

Fifth Preference EB-5
This preference is reserved for business investors who invest $1 million or $500,000 (if the investment is made in a targeted employment area) in a new commercial enterprise that employs at least 10 full-time U.S. workers. Labor Certificate is not required for this category.

Income Becomes Taxable
As any other U.S. Citizen, an alien who becomes permanent resident through employment should pay tax on his/her income. You can claim personal exemptions and exemptions for dependents according to the dependency rules for U.S. citizens.

Forms to Be Completed to Obtain Green Card
• Form ETA-9035: This form must be completed by all individuals who wish to visit to obtain an H1B employment status in order to gain entry into the United States through non-immigrant, temporary residence
• Form I-129H: This form must be completed by the employer(s) sponsoring the applicant for H1B employment status

After you file your application, if you are found 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. Your priority date should be current. When you fall under any of the preference categories and satisfy the stated requirements you become eligible to acquire green card.
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