Immigration Process
Legend solution offer H1B and Green card process for eligible professionals. An H-1B visa is required if you are coming to the United States to perform services in a pre-arranged professional job. To qualify, you must hold a bachelor's or higher degree (or an equivalent degree) in the specific specialty for which you seek employment. USCIS will determine whether your employment constitutes a specialty occupation and whether you are qualified to perform the services. Your employer is required file a labor condition application with the Department of Labor concerning the terms and conditions of its contract of employment with you.
H1B Beneficiary Eligibility
In order to qualify for an H1B visa, the alien must demonstrate that s/he is able to work in the 'speciality occupation' for which s/he is being hired by the sponsoring employer. This can be demonstrated by:-
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Possession of a relevant US college degree;
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Possession of a non-US college degree (and, generally, 3 years' relevant high-level work experience) independently evaluated as being equivalent to a relevant US college degree;
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Possession of at least 12 years' high-level work experience, independently evaluated as being equivalent to a US college degree; or
- Possession of any relevant State or Federal license that may be required in order to practice in a particular profession.
Employment based Green card
An employer can sponsor its employee's Green card. It is a multi step process, involving certain document work confined by few rules and regulations. There are few categories for granting permanent residence to the foreign nationals, based on employment skills.
Employment based green card is a 4 step process:
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Step 1: Labor Certification
Application (ETA-750) submission through your employer to DOL (Department of labor).
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Step 2: Petition for immigration I-140
Your employer files Application (I-140 ) to INS.
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Step 3: Adjustment of Status ( I-485) OR Consular Processing
File I-485 and other supporting documents with INS, for yourself and family within USA. At this time you can also file for EAD ( Employment Authorization Document) and AP ( Advance Parole or Travel Document), once you file for 485, you will be required to do fingerprinting. In this case Step 2 and 3 can go parallel, known as concurrent filing, however 485 can't be approved without approval of I40. OR Take consular processing Interview at a US Consulates in your Home Country.
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Step 4: Finally
Get the stamping in your passport and Receiving the Plastic card.
Note:
The overall process is time consuming, as involves formalities and lot of paper work. It is granted against per year Quota/per country/per category. Another constraint is that a person applying for a green card needs to stick with the company, through which his/her green card is getting processed, till he gets his Green card. Otherwise he loses the process, and needs to apply for a fresh application from the beginning.
