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Business Green Card

business green card

Among American visas which allow you to enter the country for a special periods of time there is one special type of visa which allows you to work and stay in US as a permanent resident and get a Green Card via business.

To successfully obtain a green card through doing business in the USA, you need to obtain legal and financial information from the immigration service.

It is necessary to understand that obtaining a visa is the beginning of the process of obtaining a green card. Your green card is 100% dependent on the success of your business in the US.

The fact is that you represent any interest for the US authorities only if you bring the income of the US in the form of taxes. All other requirements – no more than the formalities, with the observance of which you make out a green card.

Don’t know why, businessmen’s all over the world, think that millions dollars are needed for business immigration in the USA.

This is not true. The minimum total amount for business immigration in the US does not exist (with the exception of one program EB-5).

From our practice, we can say that the total amount of 150-200 thousand dollars can be enough. At the same time, some of this money will be on your own business account, at your full disposal. But, of course, total amount of investment depends from location of the business (in big cities everything is much more expensive) and from type of business.

Sure, nowadays there are many requirements and this page will give you all the answers for the questions of how to become a Green Card holder through investment, job offer or how to enter the States through business.

As a permanent resident with a Green Card through business issues you will have the rights and benefits as a resident of US. You can work and earn money, invest and build business in USA. So, let’s see what types of business visa are:

EB-1 visa is for priority workers. There are three additional groups:

  • Foreigners from different countries who are applying a Green Card as people with extraordinary ability in different aspects of sciences, visual arts, as teachers in education, business, or sportsmen in all kind of athletics
  • Foreigners that are outstanding professors with the PhD. status or researchers in different areas of study with at least three years of general experience in teaching, coaching or research and who are recognized on international circles
  • Foreigners people who are managers of well-known celebrities, for example, and executives subject to international transfer to the United States of America

EB-2 visa is for professionals holding advanced degrees (Ph.D., master’s degree, or for those who has at least five years of progressive post-baccalaureate experience) or persons of exceptional ability in sciences, arts, or business

EB-3 visa is for skilled workers, professionals, and other workers. Those are prospective immigrants who don’t qualify for the EB-1 or EB-2 preferences. The EB-3 requirements are less stringent, but the backlog is much longer: typically, 6 to 9 years, except for residents of India, for whom the backlog is even longer, sometimes more than 12 years. Unlike persons with extraordinary abilities in the EB-1 category, EB-3 applicants require a sponsoring employer. There is no “self-petition” category.

EB-4 visa is for certain special immigrants: ministers, religious workers, current or former U.S. government workers, etc.
EB-5 visa is for investors.

Process of getting the Business Green Card

There are three steps in the process here in more detail for employment-based immigration applications. After the process is complete, the person who applied for a Business Green Card visa is expected to take the certified job offered by the employer to substantiate his or her immigrant status, since the application ultimately rests on the alien’s employment with that company in that particular position.

  • Immigrant petition – the first step includes the pre-requisite labor certification upon which the actual petition will reside.

Labor certification is a United States of America immigration process step. Its stated goal is to protect U.S. workers and the U.S. labor market by ensuring that foreign workers seeking immigrant visa classifications are not displacing equally qualified U.S. workers.

Immigrant petition is when the employer applies on the alien’s behalf to obtain a visa number. The application is form I-140, Immigrant Petition for Alien Worker, and it is processed by the USCIS.

  • Immigrant visa availability. When the time came and the immigrant petition has been already approved by the USCIS authorities, the petition is continuing it’s way to the NVC for further visa allocation. Currently, this step of allocation centers around the priority date conception.

Priority date is when the visa becomes available when the applicant’s priority date is earlier than the cutoff date announced on the DOS’s Visa Bulletin or when the immigrant visa category the applicant is assigned to is announced as “current”. A “current” designation indicates that visa numbers are available to all applicants in the corresponding immigrant category. Petitions with priority dates earlier than the cutoff date are expected to have visas available, therefore those applicants are eligible for final adjudication.

  • Immigrant visa adjudication. When the NVC decides that an immigrant visa in specific category is available, the case can be adjudicated. And there two ways for it:
  • Adjustment of status – after the alien has a labor certification and has been provisionally allocated a visa number, the final step is to change the status to permanent residency
  • Consular processing – this is another option, but still requires the immigrant visa petition to be completed

As soon as you understood what the exact type of visa you need to obtain, you need to start the process. It need to be done fast because the final decision can take months.

Employment Authorization Document

Also among the steps you will need an Employment Authorization Document. U.S. employers must check to make sure all employees, regardless of citizenship or national origin, are allowed to work in the United States. Having an Employment Authorization Document which is in abbreviation – EAD is one way to prove that you are allowed to work in the United States for a specific time period.

To request an EAD, you must complete the Form I-765, Application for Employment Authorization.

You will need to apply for an EAD if:

  • you are authorized to work in the US because of your immigration status (for example, you are an asylee, refugee, or U nonimmigrant) and need evidence of that employment authorization
  • you are required to apply for permission to work. In other words, you need to request employment authorization itself

You do not need to apply for an EAD if:

  • you are a lawful permanent resident. Your Green Card (Form I-551, Permanent Resident Card) is evidence of your employment authorization
  • you have a nonimmigrant visa that authorizes you to work for a specific employer

There are many stories which tell us about success in business in America. It is really inspiring and gives us understanding that obtaining business visa in US can change your life. We would like to hear such stories from you and stories about your processes of getting your business visa.

Or maybe you have questions and you are the person who just started to think about work in USA? Tell us what you thinking about, feel free to ask and comment.

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