How has the process of obtaining a green card for work after the arrival of Trump
Getting a green card is a cherished dream of anyone who plans to emigrate to the United States. ForumDaily already repeatedly wrote on how to obtain the coveted status of a permanent resident of the United States. Let us dwell on one of them - the green card through work.
Previously, ForumDaily wrote, how to get such a green card. However, it should be borne in mind that recently some of the rules have changed somewhat. I will try to focus on these changes and on some features, without dwelling too much on the remaining unchanged points.
1. If you come to the USA on the HHNUMXВ visa, it is likely that the employer may start the process of getting a green card for you. However, it is important to bear in mind that not all American corporations are in a hurry to begin this procedure. In practice, it is better to discuss the issue of the future receipt of a green card with a potential employer in advance, specifying at least the approximate dates for the start of the process.
So, for example, some companies, including large IT corporations, can begin the process of issuing a green card only for employees who have reached at least the level Software Development Engineer - 2 (graduation for IT specialists), while the majority of foreign specialists are taken to the Software Development Engineer-1. Getting a promotion in such corporations takes on average two years - that is, the approximate duration of the original contract. Of course, some employees by this time do receive the desired increase, but there are also cases when employees are looking for another company without waiting for the start of the cherished process. Of course, there are quite a few companies starting paperwork within a few months after hiring a new employee. But once again we repeat that it is better to try to figure out these nuances in advance, because otherwise the process of obtaining a green card may be delayed for an extra couple of years.
2. If your employer starts the process of issuing a green card, its first phase remains unchanged - the company should receive permission to your name at the Ministry of Labor (process PERM). In the case of obtaining a permit from the Ministry of Labor, the employer shall submit petition for a green card (I-140 petition), while determining the "type of preference": EB2 visa- for “high-skilled professionals” with a degree Master degree and / or many years of experience in this field, or EB3 visa- for professionals with higher education (enough undergraduate degree) and / or experience in the field.
The ЕВ2 category is preferable because the second phase for it (waiting for its turn) passes, in fact, automatically, within one day, and therefore it is possible to submit documents simultaneously to the second and third stages of the process. The third stage is the flow petitions for registration for permanent residence or status change (I-485). The exceptions are candidates from China and India — even if they file a petition in the EV2 category, they have to wait in line for approximately 2 and 7 years, respectively (data for 2015 year).
3. Before filing an I-485 petition (and if the documents for both stages are submitted at the same time, you should also go through before submitting the I-140 petition) medical checkup and put the necessary vaccinations. It is important to remember that in each region there is a specific list of doctors who have a license to conduct such a physical examination. You can find it right on USCIS website, and, if your favorite doctor is not included in it, unfortunately, his conclusion will not have any force. It is also necessary to put down the missing vaccinations and pass the tests.
An interesting point is that the medical examination data becomes obsolete after a year. Previously, this provision did not play a significant role, since the waiting time for the consideration of the petition I-485 ("pending") For immigrants from the former USSR, in practice, always was less than a year. Now, taking into account the introduction of a new additional interview (it will be discussed below), this period may come close to the year.
Theoretically, a situation may arise when the decision to issue a green card may take place after the expiration of the statute of limitations. However, in practice, such collisions have not yet arisen - at least, no one at the moment has reported that he be sent to undergo a medical examination again.
After submission of documents you will be invited to surrender biometric data. The advantage is that you can go through this procedure anywhere in the US, and you don’t have to go back home if you are in another state, for example. The biometric check mark even at the other end of the country will be valid in your USCIS home office.
4. Previously, the last stage consisted only in a pleasant wait, and, as a rule, after the next 6-8 months, the cherished green card just came to your home by mail. However, since the end of August, 2017, USCIS has been obliged to introduce additional interview for candidates. There is practically no information in the public domain about this innovation, so we will only share with you some points based on practical experience.
Lawyers of IT companies behind the scenes explain this decision only by following the policy of the new administration to reduce immigration, so the interview itself, most often, is rather formal. However, lawyers advise applicants of the green card to bring to the interview a rather impressive list of documents:
- The very invitation for an interview;
- all available IDs, including all your passports valid and already expired - as well as your family members who filed the petition with you;
- All immigration documentation relating to your current and past statuses in the USA (including visa approval notices, the most recent I-94 document, etc.). Quite a lot of such documents can accumulate, so, just in case, you need to keep any, even the most insignificant notifications (about obtaining permission to work your spouse, about accepting a petition for consideration, etc.). You may need all of them for the final interview. An acquaintance of mine confessed that he had, on average, a whole box of the most “necessary” documents;
- documents confirming employment in the company, position held, salary;
- a copy of the birth certificate, and if the spouses apply for the green card - a copy of the marriage certificate with a translation into English;
- in case you do not remember your SSN, you better have it with you, because you may well be asked for this number.
At the very beginning, you will be asked to swear "to speak the truth and only the truth." The questions asked, most often, are aimed at checking the correctness of the data indicated in the petition, as well as on the fact that you are generally aware of basic information about yourself. Therefore, do not be surprised if you are asked about the place of birth, full name, exact date of the last entry into the country, telephone number or address. Of course, all this information is already available to immigration officers, however, in the event that something from the information you provide is not true, you will no longer be able to refer to an error in the form, and your inaccuracy will be qualified as a conscious lie under oath.
A separate block is the standard I-485 form of questions about whether you violated the law, whether you are in terrorist or extremist organizations, and if you do not intend to engage in espionage in the United States. People who have shared their experiences with such interviews note: in 50% of cases, these questions are not even asked, and they are treated quite formally.
About your work most often asked basic things: position, date of commencement of work, salary. Sometimes you may be asked additional questions regarding either your immediate responsibilities or the history of the relationship with your employer (for example, how exactly your company found you). In the eyes of the immigration officer, it will be an indisputable advantage if you are still working in the same firm and in the same position as at the time of the petition.
After passing the interview, the following options are possible: either they immediately announce the approval of the green card, or the decision about this comes later in the mail (usually as a separate document, before sending the green card itself). As a standard, immigration officers advise to wait from 4 to 6 weeks, however, in practice, a decision can be made even within one to two weeks. Cases of refusal to issue a green card have not yet received information after the interview, which means that most likely you will become a happy owner of an American residence permit for a period of 10 years, even if several months later than you originally expected.
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