Green Card Stages

Question:

I am in US on E3 visa (for Australian citizens) and I am wondering if I can apply for a green card? What is the process? I am unable to find any information on this. Can someone please help me.

I am an Australian citizen (Indian origin) and am working in US on E3 visa.

Answer:

It's amazing what a quick search will turn up:

http://britishexpats.com/forum/showthread.php?t=328064

You've not been very helpful just quoting a long thread on the E3 in general when the original poster has a specific (and very relevant) question.

An individual in E-3 status may certainly pursue a green card.

The main question is how do you qualify for a green card? What route are you eligible under to pursue a green card?

In most cases an individual obtains a green card either through a family- based option or an employment-based option.

Family-based options include marriage to a US citizen, parents who are US citizens, child over 21 who is a US citizen, marriage to a green card holder, sibling who is a US citizen etc. See:

http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html

If there is no family-based option, then we can look at potential employment- based options.

First there are the EB-1 options:

(1) Extraordinary Ability Individual; (2) Transferring Manager or Executive; (3) Outstanding Researcher or Professor.

If you qualify under one of the EB-1 designations, you can skip any labor certification process and testing of the US labor market through an ad campaign and filing with the DOL (PERM process).

If you do not fall under one of the EB-1 designations, the most common route to a green card then is a three-strage process based on a permanent job offer from a US company:

DESCRIPTION OF THE LEGAL PERMANENT RESIDENCY PROCESS

The permanent residence process includes a three-part procedure involving the U.S. Department of Labor (DOL), Citizenship and Immigration Services (USCIS), and the U.S. Department of State (DOS). The following are the three stages:

Stage I: DOL - Application for Employment Certification (PERM)

This stage involves the submission of an application for employment certification to the labor department. The PERM process involves showing that the wage offered to the alien will not adversely affect the wages and working conditions of other U.S. workers in similar positions and that there are no U.S. workers who are able, willing and qualified to work in the position offered. The DOL's review includes an examination of the prevailing wages paid to U.S. workers in the position offered, and a "testing" of the market place for potential applicants through advertising and newspapers and magazines, as well as a posting of a notice of job availability at the employer's place of business.

Stage II : USCIS - Petition for Immigrant Worker (I-140)

This stage involves the submission of a petition to the USCIS, which makes a review of the alien's education and work experience to determine if the alien qualifies for the position. Proof of the alien's education and experience is required, which may include documents such as letters from previous employers, diplomas, membership of professional association certificates, etc. These documents must prove that the alien possesses the requisite minimum requirements to perform the job duties as described in the AEC.

Stage III : Application for Permanent Residence (2 Options)

Option 1: DOS - Immigrant Visa Processing (IVP) (recommended)

This stage involves the submission of personal information about the alien and their family members to the U.S. Consulate in the alien's home country. Proof of birth, marriage, divorce, as well as a police report, submission of a medical examination, and discharge certificate from the military, if applicable, are required. These documents are provided to a consulate officer at an interview where the alien is issued an immigrant visa for admission to the United States as a permanent resident. Or

Option 2: USCIS - Adjustment of Status (ADJ)

This stage is done by petition to the nearest service center of USCIS. Simultaneous with filing this petition for ADJ, we also file for permission to travel pending adjustment approval AND for employment authorization pending completion of the process. Until the employment authorization document and the travel permits are actually issued (approximately 90 days after filing) the alien and his/her family are restricted from leaving the U.S.

** STAGE II AND STAGE III, OPTION 2, MAY ALSO BE DONE AT THE SAME TIME**

Concurrent Filing: USCIS Form I-140, Immigrant Petition, is simultaneously filed with Form I-485, Application to Adjust Status. Both forms, together with the appropriate filing fees and required supporting documentation, are filed with the regional USCIS Service Center having jurisdiction over the beneficiary's place of work. Additionally, Form I-131, Application for Advance Parole (travel authorization), and Form I-765, Application for Employment Authorization, may also be filed at the same time. Interim work permits and travel permission (advance parole) benefits available to each family member.

The benefits of this option include the preservation of status based on the I-485 filing for those whose temporary visa status will soon expire and relief from an obligation to maintain or renew temporary visa status, such as E-3, TN, H-1B, or L.

I think the specific question is whether an E-3 holder may benefit from the concept of "dual intent" and pursue a green card while not jeopardising E-3 status.

An E-3 may pursue permanent residency w/o conflicting with any dual intent issues. Pursuing permanent residency is not limited to those in either L-1 or H-1B status. This is particularly true if the indiviudal goes through immigrant visa processing rather than adjustment of status for the final stage.