When Marriage is Out of the Question â Obtaining a Green Card Through Employment

Posted by Criminal Defense Lawyer Saturday, November 14, 2009

For those foreign nationals who are interested in getting a green card through an employment visa, the numbers can be discouraging. Unlike the path to a green card through marriage, obtaining a green card through employment can be a long and far from certain process.

Whereas marriage to a U.S. citizen can be a relatively fast and straightforward process, applying for a work visa puts you in competition for just a very few spots, compared to the number of potential applicants. For those would-be immigrants who hope to enter the U.S through an employment visa, they will first have to find a job with a company willing to sponsor them.

If such a job is found, then the foreign national can apply for one of the very few H1B visas. Getting one of these H1B visas is no easy feat. The U.S government limits the number of applications to 100,000 and will issue only 65,000 of these employment-based visas. This number can change, of course, but the numbers seem to be getting smaller, not larger, making it more and more difficult to secure one of the H1B employment visas.

With these numbers, it is not difficult to understand why it can literally take years to gain entry into the United States. And these numbers are furthered divided into various categories that favor some countries and nationalities over others.

There are, however, a few particular professions that could give the would-be immigrant the inside track towards getting a H1B visa. Physical therapists, scientists, researchers, and college professors are almost always in demand and would be given priority over other professions where the demand may not be as great.

One other profession, nursing, is expecting a 30% shortage in the U.S. by 2020. Although this profession is not covered under the H1B visa program (nurses can only enter as green card applicants), anyone with a nursing degree will be in a strong position if they wanted to immigrate and work in the U.S. Although in the case of nurses, there would be a two-year waiting period before they receive their green card and be eligible to work.

The bottom line is that those applicants that possess specific skills and expertise that are in short supply will be in much better position to obtain a visa. However, the skills and expertise that may be in demand today may not be in demand tomorrow. In the 1990s, the decade when everyone was just getting acquainted with personal computing, there was a great demand for computer and software engineers. Today, there is a glut of computer and IT professionals here. Because of this, demand has dried up and the prospects for some specializing in those areas today will find themselves against some very long odds.

But a decrease in demand in one area usually means an increase in demand in another. With a constantly changing economy, this fluctuation of demand is to be expected. The only clear exception to this trend is in the area of nursing, where demand appears only to be growing as far as the eye can see.

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