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Cross-border employment immigration can be tricky


Many of the foreign workers in the United States come from British Columbia, and those whose jobs turn out to be permanent positions might want to apply for Green Cards. Applications for permanent residence through employment immigration are classified in three categories of preference. First preference workers are those immigrants with extraordinary abilities in the fields of arts, sciences, business, education or athletics. An outstanding researcher or professor, or an executive/manager may also qualify under the first preference category if they meet specific criteria.

The second preference immigrants are members of professions for which advanced degrees are required. Individuals whose abilities in business, sciences or arts are exceptional may also qualify for this Green Card category. Applicants for national interest waivers might also qualify.

Then there is the third preference category of immigrant workers that means eligibility for those whose jobs require either at least two years of experience or special training. Professionals with U.S. bachelor’s degrees — or foreign equivalents — will qualify, as well as physicians who agree to do full-time clinical practice duty in designated areas for a specified time, while also meeting the other requirements. Unskilled workers who do not have two years of training or experience might also qualify as third preference immigrants.

Immigrant investors may also qualify for the latter category, if they can show existing investments of particular amounts in commercial enterprises that will be responsible for job creation for at least 10 full-time qualifying employees. Applying for green cards through employment immigration may have many questions. Answers, along with support and guidance can be obtained by retaining the services of an experienced cross-border lawyer in British Columbia.

Source: uscis.gov, “Green Card Eligibility Categories“, July 10, 2017