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How does a Canadian person begin working in the US?

Customer Question
Temporary work visa while awaiting...
How does a Canadian person begin working in the US? Temporary work visa while awaiting green card?
Submitted: 1 year ago.Category: Immigration Law
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10/11/2016
Immigration Lawyer: Guillermo J. Senmartin, Esq., Immigration Lawyer replied 1 year ago
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 110,660
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
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Hello and welcome back. Please remember to use FOR GUILLERMO in the subject line and message box so that no one else grabs the question and I can become your personal immigration consultant.

What is the basis of their green card?

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Customer reply replied 1 year ago
Okay. How does one get a green card? My fiancee is a mental health nurse seeking employment in the US.
Immigration Lawyer: Guillermo J. Senmartin, Esq., Immigration Lawyer replied 1 year ago

There are generally 5 avenues to obtain U.S. Lawful Permanent Residency. They are through family, through employment, through Asylum or refugee process, through investment, or through the lottery.

For family, it must be immediate family such as U.S. Citizen spouse or U.S. Citizen children over 21 in order to be able to come immediately. U.S. Citizen or Lawful Permanent Resident parents or U.S. Citizen siblings, or Lawful Permanent Resident spouses can also help, but the wait for that is about 4 to 12 years or so.

Through employment, she would have to generally prove that she would not be taking away a job from a U.S. worker and the less experience and education she has, the harder that is to do.

Through Asylum or Refugee process, she must prove that she would be persecuted, tortured or killed if she stayed in her country and that this will happen to her because of her nationality, race, religion, political opinion, or membership in a particular social group, not because she would run the same risk as anyone else in her country to fall victim to a crime or bad economic conditions.

Through investment, she is looking at generally $1,000,000.00 for a residency, or if she wants a temporary visa, probably at least $100,000 or $200,000 investment to start.

And through the lottery, it would be very difficult to win one of the 50,000 visas available per year and some countries do not qualify.

Here is a link to the different forms to get a green card:

http://www.uscis.gov/greencard

Then there are some visas available where she can stay temporarily and then later change to Lawful Permanent Residency if she qualifies.

Some of the visas available through employment (if she has a job offer and she qualifies) are:

H-1B for professional workers
H-2A for seasonal agricultural workers
H-2B for seasonal nonagricultural workers
H-3 for industrial trainees

Then there are the F-1 and M-1 for students and J-1 for exchange visitors.

And then there is the E-1 for treaty traders and E-2 for treaty investors (these types of visas are not available in all countries).

Here is a link to most of the available visas:

http://travel.state.gov/content/visas/english/general/visa-wizard.html

And for Canadians, there is also the TN visa:

https://travel.state.gov/content/visas/en/employment/nafta.html

Let me know if you need anything else, but please do not forget that positive rating. Thank you!

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Immigration Lawyer: Guillermo J. Senmartin, Esq., Immigration Lawyer replied 1 year ago

Hello Paul. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

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Category: Immigration Law
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