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The Green Card:
A Green Card, or informally known as GC, is an identity card issued by the U.S. government to noncitizens who are permanent residents of the United States. It resembles a driver's license in size and format and is not green in color. A Green Card gives an immigrant almost the same rights as a citizen. Immigrants can work in any field, enter businesses, leave and re-enter the country without restrictions. The main difference between a GC holder and a citizen is that citizens have the right to vote.
There are three main prosesses in getting a Green Card:
- Get a Green card with Labor Certification
- Get a Green Card without Labor Certification
- US Green Card Lottery
1. Green Card with Labor Certification
If you are trying to get a Green Card based on your employment, then your process will involve labor certification. Labor Certification is the process of demonstrating that there is shortage of US workers to fill a particular vacancy. Most employment based permanent residence applications involve Labor Certification. Wherever 'Labor Certification' is involved, the total processing time invariably exceeds six months, and may even take years. Even where 'Labor Certification' is not required, it is normally easier to transfer a candidate to the US using a non-immigrant visa, and then to apply for a 'Green Card' once they have taken up their position.
An application for Labor Certification is made using official form ETA 750; this form comes in two parts, Part A, and Part B. Each part must be accompanied by documents as outlined below:
Documentation to be included with ETA 750, Part A
- An assessment as to the shortage of qualified US workers. This will usually be shown by advertising the vacancy in a relevant publication to demonstrate a shortage, and by a detailed letter from the employer. If candidates were interviewed for the position, the employer should carefully explain why such candidates were unsuitable for the vacancy.
- A full and detailed job description. It is important that the job description covers even minor duties of the candidate.
- A description of the minimum requirements for the job. This should cover the absolute minimum requirements to do the job, covering the education, training and experience needed to fill the vacancy. It is important that this is seen to be reasonable, as otherwise Labor Certification will be refused by the Department of Labor.
- It would be advisable to obtain a prevailing wage level from the local State Employment Services Agency. This is the minimum salary that must be paid to the candidate. If there are authoritative surveys confirming the prevailing wage or the employer can show this by some other way, this is also likely to be acceptable.
- If the employer is not already well known to the Department of Labor it may be advisable to also submit accounts to show that the employer has the ability to pay the candidate.
- Company Brochures and Literature. This is not strictly necessary as part of the Labor Certification process but is an excellent way of demonstrating that the respectability and professionalism of the company.
Documents to be included with Form ETA 750, Part B
- Certified copies of diplomas and other relevant qualifications.
- Transcripts from colleges attended by the employee confirming the relevancy of the subjects taken as part of the course to the new employment in the US. This may be unnecessary if copies of the qualifications are available for the candidate. In certain cases, it may also be useful to obtain an evaluation of the qualifications from an academic or evaluation service.
- Letters or affidavits from past employers confirming the work experience of the employee, and describing the duties that the candidate performed.
- Awards and membership of any organizations that confirm the qualifications, and professional ability of the candidate.
- If relevant, publications about the candidate confirming the candidates particular expertise.
- It would be useful to include a resume for the candidate which accurately reflects the experience and qualifications of the candidate.
The employer must also demonstrate that the employment of the foreign worker will not adversely affect the wages and/or working conditions of workers in the United States similarly employed.
2. Get a Green Card without Labor Certification
The following may obtain a 'Green Card' without 'Labor Certification':
- Aliens of Extraordinary Ability in Business, Sciences, Arts, Education, or Athletics
- Outstanding Professors/Researchers: Individuals who enjoy international recognition as outstanding academics.
- International Executives/Managers
- Exceptional Ability in the Sciences, Arts, Business with a "National Interest Waiver":People at the pinnacle of their professions or fields of work may qualify to bypass the labor certification process and immediately apply for a Green Card. If the services of a professional would be of a national interest to the United States, the professional can apply for a green card without a sponsoring employer.
- Registered Physical Therapists
- Registered Professional Nurses
- Family Immigration: Special consideration is given to the immediate family members of U.S. citizens. For applications by family members other than spouses, minor children, and parents, this process may take years. In terms of family members, priority for eligibility is as follows:
- Immediate relatives of U.S. citizens. There are no quotas and no waiting for immediate relatives of United States citizens. Immediate relatives are spouses, unmarried children under the age of 21, and parents of U.S. citizens.
- First preference - Unmarried sons and daughters of U.S. citizens.
- Second preference - Spouses and unmarried children of U.S. citizens and unmarried sons and daughters of Green Card holders who are at least 21.
- Third preference - Married sons and daughters of U.S. citizens.
- Fourth Preference - Brothers and sisters of U.S. citizens.
- Asylum: Persons who are in the United States, and legitimately fear returning to their country of origin as a result of persecution based on their race, religion, or membership in a political or social group, may qualify for special consideration. Economic hardship or suffering will not support a request for asylum. Absent exceptional circumstances, a person must request political asylum within one year of arriving in the United States. If political asylum is granted, the applicant may remain in the United States and may eventually obtain permanent residence
The Green Card process:
Keep in mind that the estimated time for each step of the Green Card process can fluctuate greatly because of the various processes that it has to undergo. The overall process is a lengthy one, taking anywhere from an estimated three years or more before your Immigrant Visa Petition and application for Permanent Residency are approved. Receiving the actual "Green Card" to carry with you may take several more months! To let you know what to expect during the process, the following is a step by step guide:
NOTE: The variation in estimated timeframes results from the different processing times reported by each of the SESA (State Employment Security Agency) Offices and INS Service Centers around the U.S.
PHASE I - Part 1
LABOR CERTIFICATION: Estimated time - 9 to 18 months (or more)
First, the filing of a Labor Certification is necessary because it has to be proven to the Department of Labor that there is a need for a foreign professional in this position. This is done by: (1) Completing and filing forms and all required supporting documentation with the SESA, (2) When directed by SESA, advertising in a professional journal or newspaper for the job opening, (3) posting the job opportunity at the worksite and at the employer's corporate office, (4) reporting results of the recruitment efforts to the SESA office, (5) and finally, a "certification review" of the forms and documentation by the Regional Department of Labor certifying officer.
Your Priority Date for Immigration purposes will be the day your file is received at the SESA and is deemed complete to begin the process.
PHASE 1 - Part 2
I-140 IMMIGRANT VISA PETITION: Estimated time 6 - 12 Months
When the CERTIFIED Application for Alien Employment Labor Certification is received, the I-140 Application and supporting documents are completed. Then the entire packet (including the Labor Certification) is submitted to the Immigration and Naturalization Service having jurisdiction over your worksite location.
Usually within 10 - 14 days after INS receives your file, a "Receipt Notice" is received to indicate that they've received the packet and a file number is assigned to your case. This is just to let us know they are processing the file.
APPROVAL NOTICES
If INS accepts the petition as received, they will issue an Approval Notice. The timeframe for the issuance of this long awaited Approval Notice depends on the "backlog" at the particular INS office where your petition is filed.
PHASE II - ADJUSTMENT OF STATUS (I-485)
Estimated Time: 6 - 18 Months (or more)
Usually, within 90 days of applying for the I-485, you should recieve the Employment Authorisation Document (EAD). It will allow you to work in the United States.
When your Priority Date is current, that means that there is a visa available for you and you should proceed immediately to apply for it (Phase II). This is done by either Adjustment of Status (for those residing in the U.S.) or by Consular Processing in your home country. Most people, if residing in the U.S., choose to Adjust Status because of the convenience of not making an expensive, time-consuming trip back home.
The Phase II process involves several steps and requirements, as well as forms to be completed for each family member adjusting status.
During this phase, you will be required to go to the local INS office to give your finger prints. The local INS office will send you an appointment letter with the date and time to give your finger prints.
If your visa expires during this time, be sure you have the Advance Parole papers if you need to travel outside the US.
If you've indicated that you desire Consular Processing, you should wait to receive the Packet III from the Visa Processing Center. That packet will include all information you'll need for Consular Processing.
Or...
Estimated Time: 2 - 3 Years or more
If your Priority Date is not current and you desire an Adjustment of Status:
Your Priority Date may not be current for quite a long time after the I-140 is approved, depending on your nationality. If that is the case, you must "wait" until your date is current before filing the Adjustment of Status forms. You may check to see what date is current by calling the Visa Cut-Off announcement at (202) 663-1541, updated every month around the 10th with the visa cut-off dates for the following month.
If your Priority Date is not current and you desire Consular Processing:
Your Priority Date may not be current for quite a long time after the I-140 is approved, depending on your nationality. If that is the case, now you will have to "wait". If your Priority Date is not current, a few weeks after receiving the "Approval Notice", you will receive a letter from the "Visa Processing Center" notifying you that they are keeping your case on file until Visa Numbers (according to your Priority Date) are available. They will also send a form that gives you a chance to change your mind about visa processing, by now choosing to adjust status. Regardless what you decide, you should complete the form you receive and return it to the Visa Center, as requested. This Visa Center is a kind of "holding tank" for persons with priority dates not yet current. When it is estimated that your priority date is soon to be current, you will receive Packet III in the mail.
NOTE: Most employment-based Adjustment of Status interviews are now being waived. Once you receive the I-485 Approval Notice of Action, it will contain information to proceed with the acquisition of the actual "Green Card"...follow the instructions carefully. It will also give you information regarding traveling on your "Immigrant Visa".
3. The Green Card lottery
The "US Green Card Lottery", provides non-US nationals a way to immigrate to the United States in the easiest and most cost-effective way. Every year the Congress of the USA authorizes issuance of 55 000 immigrant visas for the countries which are considered as "under-represented" (in regards of the immigration volume) in the USA. The purpose of the Lottery is to provide an immigration opportunity for persons from countries other than the countries that send large numbers of immigrants to the US every year. That is why natives of some countries are not eligible to apply. Non-US nationals, natives of the countries determined by the US Immigration and Naturalization Service may apply.
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