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Green Cards
Green Cards are issued to persons who have been granted permanent resident
status in the United States. A Green Card allows the registrant to work in
the United States without a time limit. Employment by most employers,
including self-employment, is permitted.
A non-U.S. citizen may remain so
and still have a Green Card. After a period of time (currently five years),
Green Card holders may apply for U.S. citizenship. U.S. citizens enjoy all
of the privileges of U.S. citizenship, including a U.S. passport, the right
vote as well as other benefits.
Speedy Routes to a Green Card
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Without Labor Certification
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Timeframe: Frequently
approved within two months of submission to the INS because these options
avoid one government agency.
Another 1-3 months generally
pass before receiving a Employment Authorization Document (EAD) or
"temporary green card," and an additional 4-9 months before receiving a
green card (subject to FBI criminal investigations, etc.).
Employer's Role: Employers
must sign an initial petition for each of the faster options, except the
"Extraordinary Ability" and "National Interest Waiver" options which do not
require employer sponsorship.
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Person of "Extraordinary" or
"Exceptional" Ability
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Somewhat like a "point
system." Substantial documentation of excellence and achievement are
required to demonstrate that applicants are among the best in their fields
of business, science, arts, etc.
"Extraordinary" candidates
may apply with or without employer sponsorship.
Petitions of "exceptional" candidates
must be submitted by an employer.
Applicants must document at
least three of the following for "Extraordinary" Ability or at least two of
the following for "Exceptional" Ability:
| Original contributions
of significance in a field of endeavor
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| Winner of a significant
prize or award (including academic honors)
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| Leadership in a
"distinguished" professional organization
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| Authored articles or
other publications |
| Work receiving
professional or general media attention
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| Membership in a
"distinguished" association or company in your field
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| High relative
compensation |
| Judged the work of
others |
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National Interest Waiver
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Graduate-level degree (e.g.,
Master's or Ph.D.) or meet at least three of the following:
| ten years of full-time
experience in the field
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| membership in a
professional association receipt of a license
or certification for a particular occupation or profession |
| have commanded high
compensation relative to others in the field are recognized (by letter
from peers, or government or professional entities) as making
contributions to or achievement within your field or industry.
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International Manager
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To qualify, applicants must
have worked for an overseas affiliate (parent, subsidiary, etc.) of a U.S.
company for one year during the three years prior to entering the U.S.
Also, the applicant must have managed other employees or a company function
and then transfer to the U.S. affiliate. The U.S. Affiliate must sign the
applicant's petition.
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Outstanding Researcher
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An employer must sign this
petition and extend an offer of an industry or academic research position
with no fixed term. The employer must have at least three full-time
researchers and "documented achievements" in a field of research (e.g.,
articles by employees, patents).
In addition, applicants must
prove:
| at least three years of
research or teaching; and |
| research recognized as
"outstanding" in the field |
Slower Routes
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Labor Certification
 | Time:
Green cards generally take about three years, including the 18 or more
months required for approval of Immigrant Petitions. A change of
employers before receiving a green card will usually result in
forfeiture. |
| Employer's Role:
The employer's involvement is significant. The employer must sign forms
and be prepared to undertake significant work, including advertising,
interviewing applicants, posting notices, preparing statements and
signing forms at various stages to be filed with government agencies.
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| Requirements:
Labor certification tests the market to show that no U.S. workers exist
who are willing and qualified for the job you seek. |
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