August 18, 2022

H-1B Visa and Green Card Rules Clarified by Obama Administration

With the continual uprising of near financial crisis throughout America, the White House has decided to ‘clarify’ some of their green card policies pertaining to foreign business owners and entrepreneurs.

Various politicians have proposed similar bills that would make it easier for start-up business owners to obtain their visa for U.S. Citizenship in recent years, but this is the first of it’s kind to be accepted.

Technically, the White House has stated that it is not changing or altering any of it’s visa regulations, but instead making more clear the laws that are already in place. Hoping to attract more business from abroad, U.S. CTO, Aneesh Chopra announced the clarifications at a jobs forum in Silicon Valley on Tuesday.

Chopra explained how America has already had in place an employment green card that is sponsored by your employer, but the new changes to the H-1B visa will now allow business founders to sponsor themselves and become registered citizens.

An EB-2 green card has already been in existence for many years and is available to business founders who will have to report to a board of directors. Since you are not in absolute control in this situation, it is possible to distinguish the difference between your ownership and employment by the company. Applicants for the EB-2 visa will have to prove their possession of some sort of advanced degree or talent that is “a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business,”

Additionally, EB-5 green cards provide immigrant business founders with a visa as long as their business has a start-up investment of $500,000 and will create at least ten new jobs for Americans. The first two years of residence under an EB-5 green card will be provisional and must allow for the USCIS to investigate into the jobs you have created.

Although The White House has repeatedly clarified the fact that no laws or policies are actually changed, the entire system will now be much easier to work with. Considering that only about half of the EB-5 visas issued every year are used, it is very apparent that the system does not work as smoothly as planned.

Read more:
White House Clarifies H1b Green Card Rules to Attract Investors
USCIS Visas: H-1B
Everything You Need to Obtain a USA Work Visa
August 3rd H1B Visa FY 2011 Cap Count Update


How To Get A Green Card From USCIS

If you want to become a permanent resident of the United States, you will need to get a green card from the USCIS. With this type of Visa, you are allowed to live and work in the U. S. Permanently.

There are a number of different types of eligibility for permanent residency. In most cases, the person is sponsored by either a member of the family or an employer. It is also possible in some cases to get one as a refugee or through some type of humanitarian programs. In special circumstances, you may be able to get one on your own.

Green Card

The number of green cards that can be awarded to immediate relatives is not limited as they are in other categories. These relatives include parents of U. S. Citizens, spouses of U. S. Citizen and unmarried children below 21 years of age of U. S. Citizens. The U. S. Citizen must be 21 years of age to file an application for his or her parents.

Other family categories may need to wait for a Visa. These include, in order of preference: unmarried children of U. S. Citizens who are 21 years old or older, spouses and unmarried children under 21 of permanent residents, unmarried children who are 21 or over of permanent residents, married children of U. S. Citizens as well as their spouses and children under 21 and siblings of adult U. S. Citizens, as well as their spouses and children under 21.

In the case of green cards through employment, these are limited and will only be granted when there is a visa available. These are also awarded in order of preference. These categories are, in that order: priority workers which include outstanding professors, researchers or other aliens with extraordinary abilities as well as certain executives and managers; professionals who hold an advanced degree or persons of some type of ability that’s exceptional; skilled workers or other types of professionals; special immigrants such as religious workers; and immigrants who will create employment such as investors or entrepreneurs.

Refugees, as well as spouses or children of refugees who qualify, are required to make a permanent resident application one year after being admitted under that status. Those immigrants who were granted asylum, along with their spouses or children who qualify, are eligible to apply for permanent resident status after one year but not required to do so.

There are other special programs that may apply. As these qualifications are quite extensive, you will need to check with the USCIS to find out if your situation falls under any of them.

Most people will need to file an immigrant petition form. Which one will depend on the category under which you are applying. In some cases, concurrent applications can be made. If you are in a category other than that of immediate relative, there will need to be a visa available for you and you must first have a visa number. Availability is determined by such things as the date you file, the category you are applying under and the country from which you are emigrating.

There are some reasons why a person may not be considered eligible for permanent residency. For example, if there is some reason he or she is considered to be a health or security risk. There is a waiver form that can be filed if an immigrant is found to be inadmissible.

All the information necessary regarding eligibility and how to apply for a green card can be found through the USCIS. As changes may be made at any time, it’s always a good idea to check with them as to any latest developments.

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