A Green Card allows you to live and work permanently in the U.S. Below is a list of the various ways that you may qualify for a Green Card. If you attain employment while studying, you can have your employer sponsor you. The H1B visa is a dual-intent visa, which means that those who hold it are eligible for permanent residency by applying for a green card. Expired Green Card. Some individuals are able to self-petition for a green card. Your application will be adjudicated, and after several months, you will get the notice of either approval or denial. There are several criteria, benefits and categories which … All Rights Reserved, As a small business owner, you may have job openings which no U.S. employee is ready to take or have a nonimmigrant employee whom you’d like to make a permanent worker. For the majority of foreign nationals, there are two main options for seeking a green card: family-based and employment-based. If your green card has expired, you continue to be a permanent resident of the United States. However, the green card through self petition category does not require the applicant to have a job offer from an employer. Your application is going to be scrutinized, and if the requirements are not met, your request is going to be rejected. How it works: 1. Memberships that are selective, such as the National Academy of Sciences, are relevant to this category. Therefore, it is not only important to consider whether you qualify for a self-petition, but whether it is worth trying now. For a merchant, a co-brand product can have several benefits including but not limited to: increasing sales, attracting new customers and delivering value to your most loyal customers. We have helped many small business employees file and acquire their U.S. permanent residence. You will also need to advertise for the position. If you are a U.S. citizen and at least 21 years old, you are eligible to petition to bring your brother or sister (sibling) to live and work permanently in the United States as a Green Card holder. 1) You can start a C-company or LLC (you need to be a US citizen to start an S-corp which has lower taxes Making your home in another country can lead to the conclusion that you have "abandoned" (given up) your U.S. residence. The identification card must be renewed, however, every 10 years just like your passport or driver’s license. They may only provide sponsorship for certain positions, or employees who will be in a position for more than a specified length of time. You may need to present your household expenses on the following: The size of your business doesn’t determine the success or failure of your application to sponsor a green card. All that the EB-3 requires is a few years of work experience or an undergraduate degree. The I-140 must be filed within six months after the approval of the PERM application. Since business owners are their own bosses and don’t have job offers, you can imagine the difficulties this creates. citizen. The United States offers several ways to become a Permanent Resident (Green Card holder). Once you find the category that may fit your situation, click on the link provided to get information on eligibility requirements, how to apply, and whether your family members can also apply with you. If you are about to sponsor a green card as a small business or your earlier petition was denied, we can help. The criteria for this category may be considered more restrictive, yet less specific: “Substantial merit” includes the wide range of fields such as business, entrepreneurialism, science, technology, culture, health, and education. A Greencard uses smartcard technology. To qualify for a Green Card, you must be admissible to the United States. This is a program run by the Department of State that makes 50,000 green cards available to individuals from countries that have low rates of immigration to the U.S. Once the I-130 has been approved, spouses of Green Card holders will have to wait for their priority date -- the date on which the sponsor filed the petition -- to become current. When you board a bus, the cost of the trip is deducted from your balance. Typically, employment-based visa categories involve multi-process for both the sponsor and the beneficiary. Green card, permanent resident card, employment based green card, family based green card, marriage based green card, adjustment of status, consular processing, advance parole, employment authorization card, ead, renew green card, repalce green card, retain green card, re-entry permit, transportation letter, returning resident visa Based on the conditions of the visa you are in the US with, you can start a business. Be aware, however, that you can lose your Green Card holder status. You can schedule an appointment with our immigration attorneys by filling out this, I-140, Immigrant Petition for Alien Workers, National Prevailing Wage and HelpDesk Center FAQs, Employment-Based Immigration: Fourth Preference EB-4, Form I-140, Petition for Immigrant Worker Ability to Pay. Although much of it is about illegal workers, all of the bills in Congress address high skilled workers also. At Immi-USA, we have a team of dedicated immigration attorneys who are highly experienced in filing employment-based green cards. Applying for a green card typically requires having a job offer from a US sponsoring employer. However, there are some exceptions to this … Choose the appropriate category and click Learn More. Applying for a green card typically requires having a job offer from a US sponsoring employer. It is a lottery, so the chances of winning are low – but if you are from a country that qualifies (or your spouse is), we do recommend trying. F (413) 584-5411 The lottery generally runs from October to December, and instructions are posted online. Here are the steps to follow: This is the first step you will need to take as an employment-based green card sponsor. This will be done to show the DOL officers that there are no available and willing U.S. workers for the job, thus the necessity to bring in a foreign worker. However, there are some ways to get around the job offer requirement so that you can start your business in the U.S. under a green card. Email info@cbkimmigration.com This is difficult (but not impossible) to prove if you start your own company. The application is to demonstrate to the DOL that you have the capacity to pay the prevailing wage for the job specification you are sponsoring the employee for and intend to pay that wage. A co-branded card is the result of a partnership between a merchant, network and issuer. US permanent residents, too, can sponsor spouses seeking to get a Green Card, but the process can take longer because a visa number will not be available immediately. If you don't want to do either of these things then you yourself can use your personal assets (cash, stock, bonds, property, whatever) and your business assets to co-sponsor yourself to meet the I-864 requirements. If a green card holder (lawful permanent or conditional resident) leaves the United States and wishes to return, the person's trip must be for a temporary visit, not because that person's "real" home is elsewhere. It is common to apply for permanent residence in both categories. The fees associated with filing an H-1B petition include a $460 filing fee, and various other additional program fees that your company may be subject to in your petition. As a small business owner, you may have job openings which no U.S. employee is ready to take or have a nonimmigrant employee whom you’d like to make a permanent worker. Dana. Your U.S. sponsor completes the I-130 form, Immigrant Petition for … However, most individuals must submit more extensive evidence demonstrating that he or she meets at least three of the criteria outlined in the regulations for this category: In addition to meeting three of the criteria above, individuals must be able to show the totality of evidence submitted indicates that they are at the top of their field. Thank you for contacting us. Reasons why you may be inadmissible are listed in the INA 212(a) and are called grounds of inadmissibility.. Sponsoring a visa category that you or the beneficiary are not qualified for will be a waste of time and money. It can take a decade or longer for a U.S. citizen to sponsor a sibling for a green card, for example. Subscribe to receive the Latest Immigration News by email. Each one of these petitions is different, and it usually takes at least a few weeks for us to give a good assessment of the strengths and weaknesses of applying in each category. C. The EB1-1 category requires showing that the applicant meets three of the 10 criteria, while the NIW does not have such a structured requirement. In addition, a green card holder can in turn sponsor his spouse or children. In the NIW category, an applicant must show that his or her work has benefit to the United States. H-1B Lottery Rule Changes Could See Reversal, March 2021 Visa Bulletin: Analysis & Predictions. Billing Email billing@cbkimmigration.com, Family- and Humanitarian-Based Immigration. However, if for any reason your petition is denied, you can contact an immigration lawyer for guidance on how to move forward. The H1B Visa requires the sponsorship of a U.S. Company. The employment-based process may be much faster, depending upon the particular job and the sponsored family member's place of birth. Others can only seek a green card through being sponsored by someone else. must maintain a minimum annual income of 125% of the Federal Poverty Guidelines for their household size until their obligations to the green card holder end (see To know if your own small business has the qualifications to sponsor this green card category, it is a good idea to work with your immigration attorney. Original contributions of major significance to the field. The I-140 has different sections that require information about the employee’s competence, qualification, and experience for the position, as well as your company’s financial status. The minimum salary for a particular job in a particular area is set by the National Prevailing Wage Center (NPWC). In your situation, the easiest thing might be able to apply for an “R” visa. Foreign exchange students holding F, J, or M visas must seek permission to work from their school’s foreign exchange advisors unless their visa explicitly provides otherwise. As a small business owner, it is advisable that you allow your immigration attorney to help you file this form. If you are investigating permanent residence categories that do not require employer sponsorship, note that your opportunities and qualifications for these categories will improve as your career moves forward. In general, USCIS can only approve your Green Card application only if none of the grounds of inadmissibility apply to you. The most common special program of Congress is the Diversity Visa Lottery. Please find attached our credit card link to make your $250 consultation payment for a one hour consultation. Participation as a judge of the work of others: Such as requests to peer-review articles for a journal, or to serve on a grant panel. The USCIS memo states that an employee who (a) owns a majority of a corporation and (b) reports only to him/herself may not be able to establish a valid employment relationship (for H-1B purposes). Applicant’s proposed work must have potential prospective impact on the field or industry in a broad sense and go beyond creating value for one’s institution, clients or customers. To know if your own small business has the qualifications to sponsor this green card category, it is a good idea to work with your immigration attorney. For most employment-based green cards, a worker cannot petition for the green card on their own, but rather have to be sponsored by an employer. The filing fee is now $580 per petition – we often recommend starting work on a case, and then deciding whether to use EB1-1 or NIW later after we get to know your case better. The application is to demonstrate to the DOL that you have the capacity to pay the prevailing wage for the job specification you are sponsoring the employee for and intend to pay that wage. A Green Card can be renewed by filing the Form I-90. Alternatively, an employer may have a “waiting period” in which employees are not eligible for sponsorship until they have been with the company or institution for a certain length of time on a temporary visa. We also regularly encounter experienced and accomplished individuals who do not realize that they may qualify for this category. Before you can sponsor an employment-based green card, you will need approval from both the DOL and the USCIS. Whether you have a small or a big business, if you fail to convince the immigration or DOL officers that both the business and the employee are eligible for a green card, then your petition will most likely be denied. Sometimes, even multinationals and other big companies also experience green card denials. You can self sponsor yourself if you have an extra ordinary ability like if you are a Nobel prize winner. Published materials about the individual in professional publications or major media. Our firm assists individuals and institutions across the U.S. with their immigration needs. In addition, when you are a legal permanent resident (LPR), your children will be eligible for financial aid in college, and you may be eligible to apply for more kinds of US government grants for your work. Users can load the card with credit and enjoy a 20% discount off regular fares. Processing times in both categories vary widely, the latest processing time reports are found on the USCIS website. We will be able to help you consider your eligibility. The first preference category has historically retrogressed only in extreme circumstances, while the second preference category is more commonly backlogged. For individuals that do not have a U.S. citizen or Legal Permanent Resident immediate family member, family-based options are either impossible or come with a years-long wait. NATO-6 or G-4 international organization employees and their family members; International employees of the U.S. government abroad, Afghans and Iraqis who have rendered faithful service in support of U.S. operations, Evidence to Show Ability to Pay Wages for Small Business Sponsoring Green Card, A complete copy of the annual reports of your business, A complete copy of your audited financial statements, A complete copy of your individual or corporate U.S. federal tax income returns, Evidence of the wages you have been paying the employees, The employee’s beneficiaries W-2 form, Wage and Tax Statements, Your own Employer’s Quarterly Federal Tax Form (Form 941), and the state’s unemployment compensation report form, The size of your business doesn’t determine the success or failure of your application to sponsor a green card. Self Sponsorship For A US Green Card Author: Green Card lawyer Alena Shautsova. But there are situations when a person can actually sponsor him/herself, without the need of an “outside” sponsorship. To satisfy this prong, applicant can show that outside researchers are building upon the applicant’s accomplishments, for example, or that a discovery has been widely implemented, licensed for use by industry, etc. Also, as an employer, there are conditions that you must meet for each of the categories. This path to a Green Card will adjust your status to an IR-1 visa or a spouse visa. It is important that an individual who wishes to apply for permanent residence in the United States consider all possible options. There are no limits to the fields that may be included in this category. Please, note that there are a few cases where PERM labor certification is not required. Many are aware that in order to get a green card or permanent resident status in the US, one has to have a family member or a job to sponsor him/her. The request will contain the requirements for the job and workstation location. Your status as Green Card holder is still valid even if the validity date on your physical Green Card has expired. Or, your can transfer some of the business profits into her personal bank account so that she can use that as an asset. If asylum is granted, the individual is given a permanent status, but must wait one year before applying for the green card. “National importance” criterion is meant to exclude individuals who are doing important work that has a local impact, such as teachers or social workers. B. If you are interested in reaching out to us, please click here: P (413) 584-3232 ; You are eligible to receive Social Security benefits after 10 years of work. You will start the process by submitting a. to the DOL on the agency’s website using the ETA 9141 form. EB-2 for Professionals With Advanced Degrees and Persons With Exceptional Abilities You can schedule an appointment with our immigration attorneys by filling out this free contact form. There are long backlogs for the lower levels, including spouses and children of Legal Permanent Residents, married children of US citizens, and brothers/sisters of US citizens.
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