Even in today’s tough economy, a good portion of the U.S. workforce is made of people who are not actually citizens of the United States. Thanks to the H-1B visa, people from overseas can obtain work in the United States on a temporary basis. While H-1B visas do come with certain rules (such as requiring that eligible employees work in specialty occupations), they are also relatively easy to obtain, making them a good option for people who wish to come to the United States and work on a one- or two-year basis.
While many people who obtain H-1B visas leave the United States once their visas expire, others come to love their jobs so much that decide that they’d like to stay in the United States to work for their companies on a more permanent basis. Of course, in other cases, some people might not particularly care for their jobs, but at the same time, they might recognize the value in retaining their employment for the purpose of being allowed to reside in the United States for an extended period of time. In such situations, H-1B visa holders do have the option of applying for permanent residency based on their current jobs. In fact, according to Daniel Fisher, an experienced immigration attorney from the law firm Fisher & Frommer, NYC, employment-based green card applications are common among the petitions that tend to get filed with Immigration.
An employment-based green card application is one that is sponsored by a non-citizen’s employer in order to help him achieve permanent residency status. While sponsorship does require a time and financial commitment on the part of the company, the benefit to the employer is the ability to retain a trusted, efficient employee while not having to bother with training someone new.
On the other hand, the process can be demanding as far as employers are concerned. Since the U.S. government is committed to protecting its own citizens’ opportunities for employment within the country, it tends to impose strict requirements that employers must fulfill in order to be able to sponsor employees for permanent residence. First, a company must document the fact that its business is both legitimate and financially viable. The sponsoring company must also prove that it is paying the non-citizen employee in question a fair and reasonable wage given the position and profession at hand.
One of the greatest burdens placed on employers throughout the green card application process is the task involved in proving that the applicant is so uniquely qualified to perform his job-related duties that the act of replacing him with a U.S. citizen would put the company at a serious, notable disadvantage. In fact, as part of the process, employers are required to interview replacement candidates in order to legitimize the exceptional value of the green card applicant as a company employee. Given the number of qualified Americans searching for work these days, the idea of upholding the claim that a particular green card applicant is truly irreplaceable as an employee is easier said than proven. After all, while the act of sponsoring an employee for permanent residence can be challenging in general, it is especially difficult during periods of U.S. economic distress, as the government is less likely to embrace the notion of granting a long-term employment opportunity to a non-citizen when so many Americans are finding themselves without work. Therefore, anyone waiting on a green card these days would be wise to simultaneously come up with a backup plan.
While it is certainly possible to turn a work visa into a green card, the process definitely isn’t simple. For this reason, it’s important to enlist the help of an immigration attorney who has been through the procedure many times before and can advise as to how to best go about the process. After all, it might not just be your job that’s on the line — it could be your entire life as you know it. So you’re best doing whatever you can to ensure that you get to stay on and work in the United States for as long as you please.
We should never forget about the eb5 visa program. With this program an immigrant can gain permament citizenship for themselves and their family if they donate a half a million dollars to create jobs in a job poor area of the country. These are not very feasible a goal for some, but for immigrants who can meet the criteria, this provides an easy point of entry as well as a streamlined process for starting a business.
Mitchell – January 18, 2010 , 5:46 PM
Mitchell is absolutely correct. I have seen first hand the positive impact the eb5 green card is are having on American workers. The visa calls for the creation of at least ten, new full-time jobs for American workers. So for every visa that is issued, there must be AT LEAST ten new jobs created. This is such a boon for the economy that I cannot even think of the words to praise the program as much as it deserves to be.
Ckuck Moris – April 21, 2010 , 3:23 PM