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Green Card

Look! Off in your future . . . it's a passport; it's a visa, it's a Green Card!
More rights than a student visa, longer lasting than an H1B, able to move you closer to citizenship in a few short years.
Green Card. It's not just a movie.

Pratical Training | H1B | Green Card | Citizenship
What is a Green Card?

A "green card" is the commonly-used term for an Alien Registration Receipt Card. The main purpose of a green card (which is actually pink) is to identify the holder as a Legal Permanent Resident (LPR) of the United States. LPRs have more rights than holders of non-immigrant visas, such as tourist or exchange visas, yet they have fewer rights than U.S. citizens. LPRs are required to make America their permanent home, or they risk revocation of their green cards.
Note: A cardholder is permitted to travel outside the U.S. with some restrictions.

Employment-Based Preferences

An employer who is currently sponsoring your H1B visa may offer a permanent job. Because of the six-year limitation on working in the U.S. with an H1B, you would need to get a green card to take such a job. While your employer only has to prove that you will be paid a normal wage in order to meet Department of Labor requirements for the H1B, he must show that the permanent job he is offering you cannot currently be filled by U.S. citizens.

Here are the four steps to applying for a green card by employer-sponsored Labor Certification:

1. Your employer should apply for Labor Certification with the Department of Labor.

Your employer has 2 application choices:

Regular Labor Certification is a lengthier process, but has a higher rate of success:

You must file the Department of Labor forms ETA 750A and ETA 750B, and wait for advertising instructions from the Department.

Processing takes from 1 to 3 years.

Reduction in Recruitment Labor Certification is quicker, but also riskier:

The employer must prove to the Department of Labor that he or she has already unsuccessfully attempted to recruit U.S. workers for that position, through previous newspaper advertising, job fairs, internet postings, etc.

Processing takes 3 to 8 months.

Note: If your employer wants to use the Regular Labor Certification method, you should start filing the paperwork no later than the time you receive your H1B extension.

2. After receiving an approved Labor Certification, your employer may apply to the INS with an I-140, which is an Immigrant Petition for Alien Worker.

Any spouse and children of the foreign national are included in theI-140.

Processing for the I-140 takes 3 to 8 months.

3. Once the I-140 has been approved, you must apply for Adjustment of Status.

After applying for Adjustment of Status, work authorization should be received within 90 days.

4. Interview for the green card in 6 to 36 months.

You and your spouse and children will receive permanent residence green cards upon successful completion of the interview.

Links:

H1B | | Citizenship



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