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Immigration

IMMIGRATION
 
IMMIGRATION FOR
 
US Immigration
   
Why US?
The United States of America is a great place to immigrate as it is has the world's best national economy. The USA is a mixture of diverse cultures and ethnicities. The USA witnesses large-scale immigration of individuals from different countries. Being a famous immigration destination, the USA offers many schemes to the individuals desiring to migrate to the US. The US provides more than 60 types of non-immigrant/non-permanent US visas.

Routes for US Immigration
  • Commercial US visa: It includes many categories such as the B1, H1B, L1, E1 and E2 visas.
  • US Green Cards
  • J1 Exchange Visitor Visa & H1B Visa: These are USA visas for doctors
 
Commercial US Visa Categories

This category is meant for US companies that have a well-established US business presence and intend to obtain US work visas for their employees or potential employees. Following are the US Work Visa Types:

  • B1/B2 Visas :
  • H1B Visas :
  • H2B Visas :
  • L1 Visas :
  • 'TN' Visas for Canadians :
  • US Permanent Residence 'Green Card':


Green Card (Employment Based)

'PERM Labor Certification/Labor Certification : If an applicant wants to immigrate to US for employment purpose and get permanent residence permit then he must demonstrate shortage of skilled workers to work in nominated occupational fields in his application. This procedure of indicating shortage of labor in US is known as PERM Labor Certification or Labor Certification. Such applications can be filed by the employers also.

Under the PERM Labor Certification system, the employer or the organization is also required to demonstrate that the nominated employment occupation for the foreign employee will not have any negative effect on the income and working conditions of the US workers, who are employed in the same occupation.

Legal form ETA 9089 is used for applying under the labor certification plan. Normally, no documents are required with ETA 9080. However, if authorities request, the employer must submit required documents.

Applications with labor certification get processed in about two to six months.

Applications without labor certification can be filed under Non-Immigrant Visa Program and such candidates can apply for Green Card after reaching the US.

Who can get a Green Card?
  • Aliens of Extraordinary Ability in Business, Sciences, Arts, Education or Athletics : Such candidates must submit their green card application along with their Labor certification (if they are not spared) and three or more documents mentioned below:
    1. Legal academic record that proves that the candidate has a degree, diploma or certificate or a similar degree or award from an eligible educational institute regarding an area of exceptional ability
    2. Documents showing the candidate has at least 10 years full-time experience in the nominated occupation from current or former employer
    3. Valid license to practice the profession/occupation
    4. Documents to prove that the candidate has withdrawn a respectable salary for the mentioned exceptional ability
    5. Documents proving membership of professional associations
    6. Documents acknowledging the achievements and noteworthy contributions
  • Outstanding Professors/Researchers
  • International Executives/Managers: A multinational corporation can hire alien workers (with a work experience of minimum one year in the corporation’s non-US branch) to work in his US established office and successfully get green card for them. Applications for this system must have following documents:
    1. Document issued by the employer ascertaining the candidate was employed outside the US for the previous job
    2. Document issued by the employer confirming the type/nature/profile of the previous employment and dates of the employment
    3. Details of job for the prospective employee
    4. Tax returns to prove that the candidate was employed by the same employer outside the US for at least one year in the last three years
  • Exceptional Ability in the Sciences, Arts, Business with a "National Interest Waiver"
  • Registered Physical Therapists
  • Registered Professional Nurses
Applications for a green card filed by the professionals with advanced degrees must be submitted along with below mentioned credentials:
  • Labor Certification
  • Document proving the employee has a U.S. advanced degree or an equivalent foreign degree
  • Document confirming the employee has five years of post-qualification experience in addition to U.S. baccalaureate degree or an equivalent foreign degree

Skilled Worker Category
Individuals can also immigrate to the US as skilled workers also. An applicant with following factors will be considered eligible for the skilled worker category:
  • Applicant must have the relevant experience in the nominated field
  • Applicant must take up an occupation for which he holds a minimum of two years of relevant training or experience
  • Nominated occupation must be demonstrated as a shortage category occupation

Individuals can also immigrate to the US as skilled workers also. An applicant with following factors will be considered eligible for the skilled worker category:

  • Labor Certification
  • Document proving that the candidate clears all the requirements of the labor certification such as educational qualifications
  • Letters confirming at least two years of training or relevant experience

Other Workers : In case labor certification successfully demonstrates shortage of a particular type of US occupation, the candidate can easily get green card.

H1B Visa & J-1 Visa for Foreign Doctors
Those applicants who want to pursue graduate degree in medical training can apply under these programs. They have to meet stringent requirements mentioned below:
  • They must clear the Foreign Medical Graduate Examination in Medical Sciences
  • They must have good English language skill
  • They must meet the two-year foreign residence requirement, according to which they must adhere to the time limits for the desired program
Exchange Visitor Programs : Physicians can immigrate to the US under this program also. Physicians who immigrate for various purposes such as observation, consultation, teaching or research, which require little or no patient care, have to follow different set of rules and regulations.