An Overview of Employment-Based Immigration
Unlike a holder (beneficiary) of a work visa, a Green Card holder (lawful permanent resident) has permission to stay in the United States permanently, and can change employers and jobs at will. A green card can be taken away in the event of fraud, certain crime, or failing to spend sufficient time in the United States, but in most cases it is what it says - lawful permanent residency. In most cases, a permanent resident can apply for U.S. citizenship after a number of years, and in all cases, the green card needs to be renewed periodically. Again, there are multiple categories for employment green cards,. and we work with our clients to obtain these where appropriate
What does this mean?
In addition to the rights of the beneficiary, visa class impacts the intent to remain in the United States. The holder of a non-immigrant visa must have what is called non-immigrant intent, meaning that their stated and demonstrated intent must be to leave the United States at the end of their visa. This involves maintaining sufficient ties to their home country to demonstrate that it remains "home," with the burden of proof on foreign nationals to show sufficient ties. This burden is why a common denial at the embassy collection stage is a failure to satisfy nonimmigrant intent. For example, a person remaining in the United States on a succession of short-term visas, or with only extremely short breaks out of the country, for a sustained period of time, may be interpreted as having abandoned their home country, despite all periods of stay in the United States being legal. For this reason, preparation for the embassy interview is essential.
B-2 Visa
It is worth mentioning that the B-2 visa for pleasure (tourist) allows foreign visitors to enter the United States for a temporary (usually up to 180 days) visit for pleasure or tourism purposes. Examples of activities permitted to a B-2 visa holder include visiting friends or family, vacation, medical treatment, amateur sports or other activities, or certain short courses of study.
Like most immigration questions, there are answers, but they require planning and preparation. Contact us for a consultation to discuss your specific situation. Contact us or schedule a free consultation to get help with employment-based green cards, visas, renewals, or citizenship.
What is a Work Visa or a "Green Card"
A Work Visa is permission from the United States to live and work in the United States, for a limited time, and usually with the understanding that you will then leave the country. There are different types of work visas. Most often, a non-immigrant visa is issued to a person with permanent residence outside the United States, who wishes to be in the U.S. on a temporary basis, often an number of years, for a US employer. An immigrant visa is issued to a person wishing to live permanently in the U.S. There are many visa categories, usually based on the position and the qualifications of the employee, and we can work with clients to obtain most of them.
