1. For one, the popular H-1B temporary work visa is becoming increasingly difficult to obtain, making the U.S. immigration process more competitive than ever. To receive an H-1B visa, applicants must not only meet the H-1B’s professional requirements but must survive a bleak lottery system. In this year’s lottery, 230,000 applicants competed for 85,000 H-1B visas, meaning only 1 in 3 were selected. For foreign nationals seeking U.S. work visas, this means job security and livelihood is left to the luck of the draw. For businesses seeking skilled labor, this means the H-1B is an unreliable and costly gamble, and fewer employers are willing to sponsor. While the H-1B visa can serve as a work permit to stay in the U.S. while a green card is pending, getting one can often be a nightmare for foreign workers.
一来,大受欢迎的H-1B临时工作签证变得越来越难,美国移民过程比以往任何时候更具竞争力。如要获得H-1B签证,申请人必须不仅需要满足H-1B的专业要求,而且需要在无情的H-1B抽签中存活。今年有23万申请人争夺8万5000个H-1B签证名额,只有1/3的中选率。对于寻求美国工作签证的外国人,这意味着抽签的运气决定了工作的稳定和去留。对寻求技术熟练雇员的企业来说,H-1B是既昂贵又不可靠的冒险,很少有雇主愿意赞助H-1B签证。虽然 H-1B 签证可以作为留在美国等待绿卡申请的工作许可证,但拿到这中签证对很多外国员工来说是一场噩梦。
2. Further, receipt of a non-immigrant visa far from guarantees that the road to the green card will be easy. Let’s look at the options on the table: The EB-1 green card is for the few who have risen to the very top of their field, and EB-4 is mainly for religious workers. Most students will not qualify for EB-1 or EB-4.
3. That leaves us with the EB-2 and EB-3 categories – the two most basic employment based options for a green card. EB-2 requires a master’s degree, while EB-3 allows a bachelor’s degree or two years of work experience. EB-2/3 green cards are obtained via PERM Labor Certification where the employer has to a.) show there are no U.S. workers fit for the job or b.) prove that a foreign national possesses the ability to make a nationwide impact in his or her field. The process is therefore arduous and costly for employers and involves long wait times for the foreign workers.
4. Speaking of long wait times, EB-2/3 Chinese green card applicants must typically wait 4-5 years to actually apply for the green card. See extracts from the April 2015 Dept. of State Visa Bulletin below. This is after they have already waited for their PERM Labor Certifications and I-140s to be processed and approved. Note that the August 2015 Visa Bulletin has an unusually short EB-2 wait time of less than 2 years. However, this wait time is not at all realistic. The government is merely using up all the allocated visa numbers for the end of the immigration fiscal year which is September 30th.
5. EB-5 is the best option for international students because anyone with $500,000 to invest can apply. You don’t need employer sponsorship, and won’t be forced to stay with the same U.S. employer for 4 to 6 years. You won’t have to show that there are no Americans fit for the job, or that you will make a national impact in your field. Lastly, the wait times are much more manageable for students and there are no tricky lottery systems involved. If you are Chinese, this should be great news.
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