# Green Cards and permanency



## Carogan (May 26, 2011)

Hello everyone!

I am a Canadian citizen exploring the possibility of moving to the warmer climates of the southwest US!

I have a diploma in Building and Architectural Engineering Technology plus over 5 years of related experience in the construction field. 

Question 1:

I understand that I should easily qualify as a NAFTA professional worker as a Scientific Technician/Technologist, and that this would allow me to work for up to three years with an employer letter outlining a valid job offer in my chosen professional field.

I understand that I can do this so long as I bring the appropriate documents to a port of entry, and this should be granted at that time.

I also understand that I can renew this after three years, for another three years.

Is it as easy as this, and do all I need to do is provide the documents on the US immigration checklist? (proof of citizenship/job letter/etc)

Question 2:

If I have an eye on living in the US on a permanent basis at some point, what is the best avenue for me to pursue? Should I apply for a "Green Card through a Job"? As a permanent worker Employment Based Immigrant EB3 (professional or skilled worker)? Are these one and the same thing? 

The site is so confusing its hard to know what exactly is what sometimes?

Note: My diploma qualifies for equivalency to a baccalaureate degree with an organization in the US called the American Council of Construction Education. (is this the body that US immigration would use in determining equivalency accreditation? the site gives no guidance at all)

I cannot figure out if/how this might relate to "Labour Certification" requirements for the EB3 professional worker, or if my profession is on any job lists that may qualify etc.

Any assistance would be appreciated.

Thanks


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## twostep (Apr 3, 2008)

USCIS - Employment-Based Immigration: Third Preference EB-3

USCIS clearly explains the difference between skilled worker and professional and the requirements for each category. 

Visas for Mexican and Canadian NAFTA Professional Workers
US State Department has everything nicely on the website from requirements to fee schedules.

You cannot apply for a Green Card. A US employer can. Visa Bulletin gives you an overview of the current processing periods. 
Visa Bulletin For April 2011

One of your issues will be the current state of the construction/building industry particullarly in the SW.


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## Carogan (May 26, 2011)

twostep said:


> USCIS clearly explains the difference between skilled worker and professional and the requirements for each category.
> 
> US State Department has everything nicely on the website from requirements to fee schedules.
> 
> ...


Thanks. I guess I didn't make my query clear enough though.

I had read through the link you provided and understand the different requirments between a skilled worker v. professional worker. 

1. What I can't figure out is, for an EB3, what "labour certification" is, what does and doesn't qualify for labour certification, and whether the type of job I would be seeking could or couldn't be labour certified - is there a list of occupations that exist somewhere for reference? If they do, I cant seem to find it on the Labour Certification links that the site provides.

2. Is an EB3 permanent visa a "green card", or is a green card application a different process? (and if so, is it a more difficult/easier process?)

3. I did read through the NAFTA link you provided and outlined how I understood it works. My question was - is it as easy to do as I outlined it above? Because I also understand that many US immigration processes are very difficult to do, but this process appears very easy - almost too easy.

4. I understand that a worker doesn't apply for a "green card" (or a permanent EB3 visa...is that the same as a "green card"?). However, obviously whatever discussion I have with a potential employer will determine whether I will go the TN Visa route, an EB 3 visa route, or some other route. I'm sure we'd determine this together...but I'd like to understand all my options before having this discussion and have an idea of the best path to take when the time comes.

Should I just go on a NAFTA Visa, and then apply for permanent residency once I get there? Should I acquire an EB3 visa first, and then is there another step I need to take to gain permanent residency or is this EB3 a "green card"? Can I go from the status as a NAFTA visa holder straight to permanent residency status or is there some intermediate step I would need to take? What complications are there if I go any of these routes?

The NAFTA visa sounds very easy...but my question is if I go this route what happens when I go from there and want permanent residency, or is there a better route for me to take.

5. I'm well aware of the work availability issue...its the same everywhere in the world right now which is why I'm exploring options in the US too. I'll cross that bridge if/when I get to that point. Jobs are hard to find everywhere right now.


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## twostep (Apr 3, 2008)

Carogan said:


> Thanks. I guess I didn't make my query clear enough though.
> 
> I had read through the link you provided and understand the different requirments between a skilled worker v. professional worker. .


One down




Carogan said:


> 1. What I can't figure out is, for an EB3, what "labour certification" is, what does and doesn't qualify for labour certification, and whether the type of job I would be seeking could or couldn't be labour certified - is there a list of occupations that exist somewhere for reference? If they do, I cant seem to find it on the Labour Certification links that the site provides..


The link to Labor Certification gives in detail what an employer has to provide to obtain this certification.
Permanent Labor Certification



Carogan said:


> 2. Is an EB3 permanent visa a "green card", or is a green card application a different process? (and if so, is it a more difficult/easier process?).


A Green Card is a Green Card. Read up on it on uscis.gov. You cannot apply for one. You have to get sponsored.




Carogan said:


> 3. I did read through the NAFTA link you provided and outlined how I understood it works. My question was - is it as easy to do as I outlined it above? Because I also understand that many US immigration processes are very difficult to do, but this process appears very easy - almost too easy..


Agreements between US/Canada/Mexico - enjoy the ease but remember that it is temporary.




Carogan said:


> 4. I understand that a worker doesn't apply for a "green card" (or a permanent EB3 visa...is that the same as a "green card"?). However, obviously whatever discussion I have with a potential employer will determine whether I will go the TN Visa route, an EB 3 visa route, or some other route. I'm sure we'd determine this together...but I'd like to understand all my options before having this discussion and have an idea of the best path to take when the time comes..


Whatever you discuss - neither you nor your employer have any influence on the processing times which run into years. What route besides EB3 do you see for you?



Carogan said:


> Should I just go on a NAFTA Visa, and then apply for permanent residency once I get there? Should I acquire an EB3 visa first, and then is there another step I need to take to gain permanent residency or is this EB3 a "green card"? Can I go from the status as a NAFTA visa holder straight to permanent residency status or is there some intermediate step I would need to take? What complications are there if I go any of these routes?.


Again - you cannot apply for a Green Card and the link gave you the current processing times.



Carogan said:


> The NAFTA visa sounds very easy...but my question is if I go this route what happens when I go from there and want permanent residency, or is there a better route for me to take..


Hope that your employer is willing to sponsor you, get married (for the purpose of immigration without hormones involved it is a major crime) or invest 500k at risk.



Carogan said:


> 5. I'm well aware of the work availability issue...its the same everywhere in the world right now which is why I'm exploring options in the US too. I'll cross that bridge if/when I get to that point. Jobs are hard to find everywhere right now.


Construction in Texas is booming:>)


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## JohnSoCal (Sep 2, 2007)

My nephew, who is from Canada, has worked several times in the US on the NAFTA visa for professionals. Apparently it is very easy to get.

If I were you, I would go the NAFTA route and then try to get your employer to apply for the Green card. I knew several software/hardware engineers that went this route.


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