Law Office of Timur Edib

Call For An Initial Consultation

(301) 750-9555

Legal Services From the Nation's Capital Since 1998

Law Office of Timur Edib

The green card process is a long process that usually takes 1-2 years. At any time between the filing of the application and the approval, the employer can change their mind and terminate the process. Once you get the green card, the green card is yours. You just have to accept the position. Once the green card is issued, you need to actually go and work for your employer. If you take the green card and spend the day at an employment site, you have now fulfilled your contract and you are considered an employee.

One woman applied for a green card, as a nurse, and came from the Philippines. When she finally went through the entire process and went to her new employer, the employer hadn’t realized that she couldn’t speak English, and did not hire her. She quickly found a job at a nursing home that was looking for a person who spoke Spanish. She worked happily there for five years but at her interview for citizenship, the immigration interviewer asked if she accepted her position for sponsoring five years prior. She explained the story and Immigration said that since she did not accept the position, her green card was canceled and so was her citizenship. It’s very important that you actually accept the job with the person who is sponsoring you. How long you stay there is your choice.

What Are Some Options For Non-Immigrants To Come To The United States?

In addition to coming to United States to work for an employer and obtain a green card, which is lawful permanent residency, there are other options in the nonimmigrant category. This includes the E-1, E-2, and the L-1 visas. In The E-1 and E-2, the United States has bilateral trade agreements with many countries. The E-1 is a treaty trader, which means that you will trade with your home country and run a business in the United States. The E-2 is a treaty investor, which means that you will come to the United States, open up a business, hire American workers, and continue your business, as the employer. The requirements are that the owner of the E venture must be 50% owned by a national of the country that the United States has a treaty with. In the case of the trader, the trader must have a continuous, ongoing relationship with the home country of either buying or selling goods. Two business partners can benefit from this. If they’re each a 50% owner, they both get the benefit. Also, their spouses are able to work in the United States.

Spouses can get employment authorization documents and can start work anywhere they like. The petitioner must run their own business and cannot work for another. With the E-2, you must make a substantial investment in the enterprise that you would like to run. The government does not specify a dollar value on what’s required. You need to show your business plan and they really look for a detailed business plan. You need to show that the investment is sufficient for you to continue for six months without any income and that you have enough invested to properly brand and market yourself and your enterprise. The usual investment we see is between $20,000 and $30,000. The issue with the E status is that it is the only category where an approval by one agency, USCIS, is not accepted by the Department of State. They would do their own review.

In the case of the L status, the L-1 is an intra-company transfer, which means that if you are an executive or manager in a company that has a foreign entity and a US entity, you can come here and work for up to seven years, as a nonimmigrant. The interesting thing about the L-1 is if you are a manager and executive and your company has existed for more than one year, you can come to the United States and bypass the Department of Labor procedure and obtain a green card at any time while being sponsored by their employer. The requirement for the L-1 A is that you have worked for the foreign entity for one year out of the last three years.

For more information on Employment Based Green Card In The US, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (301) 750-9555 today.

Timur Edib

Contact For An Initial Consultation
(301) 750-9555