US Immigration FAQs
Green Card - Employment Based Petitions \ Work Visas
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I am illegally in the US. My employer is willing to sponsor me for a Green Card. How do we proceed?
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If you are 245i protected then you may be eligible to be sponsored by your current employer or a prospective employer.
- If you are the beneficiary of an approved Permanent Employment Certification filed prior to April 30th 2001, and you wish to continue the process with the employer who filed the original Permanent Employment Certification on your behalf, your employer must file an I-140 Petition with Immigration prior to January 12, 2008. Otherwise, a new Permanent Employment Certification must be filed with the US Department of Labor and a new priority date will be assigned to your application.
- If you are the beneficiary of an Permanent Employment Certification filed with the U.S Department of Labor prior to April 30th 2001 that was “approvable” when filed but was later withdrawn or abandoned by your employer, you may still be eligible under 245i to find a new employer to take over the sponsorship process.
- Sponsorship by an employer generally requires that the position offered is a "skilled" position (i.e., requires at least two years experience). It requires you to prove that you have at least two years experience with a previous employer in the same or related position.
- The employer determines the experience required (normally no more than four years experience is requested). The Alien is required to provide proof of qualifying work experience. Experience gained with the sponsoring employer may not be used to meet this standard.
- If the job offered by the employer requires a Bachelor’s Degree, Masters, or Doctorate, an Educational Evaluation must be performed by a recognized accredited agency in order to determine that the standard is equivalent to the U.S counterpart. Not meeting the equivalence standard may result in a denial of your application.
- The employer must demonstrate that the business has the ability to pay the prevailing wage determined by the U.S. Department of Labor.
- The employer must be willing to supply proof of business entity and business tax returns and/or proof of payment to demonstrate ability to pay the prevailing wage.
- On approval of the I-140 the immigrant is eligible to file for Adjustment of Status (Green Card) once the priority date (i.e., date of filing the Application for Permanent Employment Certification with the U.S. Department of Labor is current).
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I am legally working in the U.S. How do I obtain a Green Card?
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If you are currently in legal status in the United States on an H-1B Visa or an L Visa you may be eligible for your employer to sponsor you for the green card while you remain in the United States.
- The process would require the employer to file an Application for Permanent Employment Certification with the U.S. Department of Labor to test the job market.
- On approval of the Permanent Employment Certification, the employer then files an I-140 Immigrant Petition for Alien Worker with Immigration.
- To satisfy an I-140 petition the Immigrant must show proof of eligibility by meeting the employer’s job requirements.
- If the job offered by the employer requires a Bachelor’s Degree, Masters or Doctorate then an Educational Evaluation must be performed by a recognized accredited agency in order to determine that the standard is equivalent to the U.S counterpart. Not meeting the equivalence standard may result in a denial of the application.
- The employer must demonstrate that the business has the ability to pay the prevailing wage determined by the U.S. Department of Labor.
- The employer must be willing to supply proof of business entity and business tax returns and/or proof of payment to demonstrate ability to pay the prevailing wage.
- On approval of the I-140 the immigrant is eligible to file for Adjustment of Status (Green Card) once the priority date (i.e., date of filing the Application for Permanent Employment Certification with the U.S. Department of Labor is current).
File in a timely manner: This process can take several years or more to complete so timely filing of these applications is extremely important.
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I am a business owner in the US. How can I legally bring workers to the U.S. to help grow my business?
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As a US employer you do have some options available to you. These include:
- Filing an Application for Permanent Employment Certification and I- 140, Immigrant Petition for Alien Worker, with Immigration.
- Filing an H, L or E visa petition.
An explanation of each of these visa types is listed below.
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What is an H-1B Visa?
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- An H-1B visa is a temporary visa which requires sponsorship by an employer of a foreign worker.
- Requires that the immigrant have a baccalaureate or higher degree (or equivalent) and the position offered by the employer requires such a degree (i.e., is a professional position).
- An H-1B visa is generally issued for a maximum period of six years but may be extended in yearly increments beyond the six years if an Application for Permanent Labor Certification, an I-140 petition or an employment based adjustment application is filed more than 365 days prior to the sixth year on the H-1B visa. The six year limit and the exception also applies to spouses and children in H-4 status (spouse and children of an H-1B visa holder).
- An H-1B visa-holder can apply for lawful permanent residence while working in the U.S. with an H-1B visa.
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What is an L Visa?
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- An L visa is an “intra-company transferee” visa and allows for the temporary admission of multinational corporate executives and managers or persons with specialized knowledge.
- The qualifying immigrant for an L visa must have been employed outside the United States by the parent, branch or subsidiary corporation of the U.S. petitioning company continuously for one year out of the previous three years.
- The initial petition for an L visa is generally three years (one year if the U.S. corporation or business is new).
- An L visa-holder may remain in the U.S. for a total period of five years for a specialized knowledge L visa and seven years for a manager or executive L visa.
- An L visa-holder can apply for lawful permanent residence while working in the U.S. with an L visa.
- Spouse and children of an L visa-holder are admitted to the U.S. as L-2 visa-holders and are permitted to work and attend school.
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What is an E Visa?
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- An E visa is for treaty traders (E-1) or treaty investors (E-2).
- Only citizens of certain countries are eligible to apply for an E visa (limited to nations that have treaties with the United States. Click here for the State Department list of the nations which have a treaty with the U.S. - PDF Format)
- An E-1 visa-holder must be engaged in “substantial trade” between the U.S. and the visa-holder’s country.
- An E-2 visa-holder must be developing or directing an enterprise in which the visa-holder has invested a “substantial” amount of capital (there is no minimum amount of capital set forth in the regulations).
- An E visa-holder is admitted to the U.S. for an initial period of two years and may receive extensions for two years at a time indefinitely (as long as the business remains in existence).
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I have just interviewed a very promising candidate whom I am interested in employing. The candidate is undocumented. How can I legalize an undocumented worker?
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- Sponsorship by an employer generally requires that the position offered is a "skilled" position (i.e., requires at least two years and typically no more than four years experience). It requires the Alien to prove at least two years experience with a previous employer in the same or related position.
- Experience gained with the sponsoring employer may not be used to meet the qualifying experience standard.
- If the job offered by the employer requires a Bachelor’s Degree, Masters or Doctorate, an Educational Evaluation must be performed by a recognized accredited agency in order to determine that the standard is equivalent to the U.S counterpart. If the Aliens education does not meet the equivalence standard it may result in a denial of the Petition.
- The employer must demonstrate that the business has the ability to pay the prevailing wage as determined by the U.S. Department of Labor.
- The employer must be willing to supply proof of business entity and business tax returns and/or proof of payment to demonstrate ability to pay the prevailing wage.
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My company has decided to sponsor an Immigrant for employment. What are the next steps?
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- Ensure that you understand what will be expected of both you and your business before you start. Sponsoring an Alien requires that an employer be committed to the process.
- The process can take a number of years and can be a very frustrating experience for both employer and Alien.
- The evaluation of your business used by Immigration to determine the ability to pay the prevailing wage can sometimes be a daunting experience for an employer. Be prepared to disclose your business, and possibly your personal finances.
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| Law Offices Jon Jessen, LLC has extensive experience with the work visa process for both employers and employees. Our clients range from small single-owner businesses to larger corporations with many employees. We are available to assist you with all your immigration work visa needs. |
Schedule your consultation today. Call 1-203-348-3262 or schedule online |
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