The wait to obtain a “green
card,” or permanent visa, has been an excruciatingly long one for thousands
of immigrants. But starting July 1st,
that situation promises to change.
In the U.S. State Department’s July visa bulletin, it was
announced that the government would be accepting new applications from India, mainland China, and other countries that had
previously suffered through almost decade-long waiting periods. The Houston
Chronicle reports that Reshma Soni, a 33 year-old legal student, was so
happy that she almost ran of out of the office where she worked.
News,
Views, and Analysis marks this long delay up to overwhelming backlogs in
the I-485
department:
For years the I-485 stage was
backlogged beyond belief. As of early June they were processing applications
from 4 years ago. So all of us who had applied for the Green Card were resigned
to a long wait. So imagine then that we get the news that this is all current.
Unfortunately, the July 2007 visa bulletin cannot help most new visa applicants. Only those who can file the I-485 while the visa bulletin is active will
be able to benefit.
For those who have not yet begun the application process for
a green card, there are several stages yet ahead. For those who wish to enter the U.S. as a
specialized worker, it is necessary to have both a sponsor
and an H-1B
Temporary Work Permit. It is highly
recommended that both the sponsor and the alien consult with a reliable alien
immigration lawyer before beginning their application. However, once the H-1B permit is obtained, an
alien is permitted to live for up to 6 years in the U.S. as a working citizen.
Employment-based immigrants fall into three merit-based
categories: EB-1,
EB-2,
and EB-3. But even at the most permitting level (EB-3),
an immigrant must be a skilled worker or professional, and often must hold a
Bachelor’s degree. The EB-4
category, while also employment-based, is reserved for religious workers.
If you are considering application for a green card,
temporary visa, or other permit, you may wish to consult our Legal Library’s
articles on immigration
law and working
with an immigration lawyer. Explore
further for answers to specific questions about immigration and visa law.
By Kate Beall