Introduction to the E39 Category Green Card
The E39 category green card is an employment-based visa that allows foreign nationals to live and work in the United States. This category is specifically designed for individuals who have exceptional abilities in their field or have advanced degrees. To qualify, applicants must demonstrate that they have a high level of expertise and that their skills are in high demand in the US job market.
The E39 category green card is a highly sought-after visa due to its relatively faster processing times and more lenient eligibility requirements compared to other employment-based visas. However, the application process can still be complex and requires careful preparation to ensure a successful outcome.
Eligibility Criteria for the E39 Category Green Card
To be eligible for the E39 category green card, applicants must meet specific requirements. These include having a master's degree or higher in their field, or having a bachelor's degree and at least five years of progressive experience in their field. Additionally, applicants must demonstrate that they have exceptional abilities in their field, such as awards, publications, or membership in professional associations.
Applicants must also have a job offer from a US employer and must demonstrate that their skills are in high demand in the US job market. The employer must also demonstrate that they are unable to find a qualified US worker for the position and that the hiring of the foreign national will not adversely affect the wages and working conditions of US workers.
Application Process for the E39 Category Green Card
The application process for the E39 category green card involves several steps. First, the US employer must file a labor certification application with the US Department of Labor to demonstrate that they are unable to find a qualified US worker for the position. Once the labor certification is approved, the employer must file a petition with US Citizenship and Immigration Services (USCIS) on behalf of the foreign national.
The foreign national must then apply for the green card through USCIS, providing documentation to support their eligibility, such as their education and work experience. The application process can take several months to a year or more to complete, depending on the complexity of the case and the speed of processing by USCIS.
Benefits of the E39 Category Green Card
The E39 category green card offers several benefits to foreign nationals who qualify. These include the ability to live and work in the United States on a permanent basis, as well as the ability to travel in and out of the country without restrictions. Green card holders are also eligible to apply for US citizenship after a certain period of time.
Additionally, the E39 category green card allows foreign nationals to bring their spouses and unmarried children under the age of 21 to the United States, providing a pathway to permanent residence for their family members. This can be a significant advantage for individuals who have family ties in the US or who wish to reunite with their loved ones.
Conclusion and Next Steps
In conclusion, the E39 category green card is a valuable option for foreign nationals who have exceptional abilities or advanced degrees and wish to live and work in the United States. While the application process can be complex, the benefits of the green card make it well worth the effort for those who qualify.
If you are considering applying for the E39 category green card, it is essential to seek the guidance of an experienced immigration attorney to ensure that your application is complete and accurate. With the right guidance and preparation, you can increase your chances of a successful outcome and start your new life in the United States.
Frequently Asked Questions
What is the difference between the E39 category green card and other employment-based visas?
The E39 category green card is an employment-based visa that is specifically designed for individuals with exceptional abilities or advanced degrees. It has more lenient eligibility requirements and faster processing times compared to other employment-based visas.
How long does it take to process an E39 category green card application?
The processing time for an E39 category green card application can take several months to a year or more, depending on the complexity of the case and the speed of processing by USCIS.
Can I apply for the E39 category green card without a job offer from a US employer?
No, a job offer from a US employer is required to apply for the E39 category green card. The employer must also demonstrate that they are unable to find a qualified US worker for the position.
Can I bring my family members to the United States on an E39 category green card?
Yes, the E39 category green card allows foreign nationals to bring their spouses and unmarried children under the age of 21 to the United States, providing a pathway to permanent residence for their family members.
How much does it cost to apply for an E39 category green card?
The cost of applying for an E39 category green card can vary depending on the complexity of the case and the fees charged by USCIS and other government agencies. It is essential to consult with an experienced immigration attorney to get an estimate of the costs involved.
Can I apply for US citizenship after receiving an E39 category green card?
Yes, green card holders are eligible to apply for US citizenship after a certain period of time, typically five years. However, the eligibility requirements and application process for US citizenship can be complex, and it is essential to seek the guidance of an experienced immigration attorney.