H1 Transfer

Your H-1B can be transferred through the new company. Your new company files an application with the INS, for your H1 transfer. You might be asked to submit the following documents:

(INS Stands For Immigration and Naturalization Service)

One or two latest pay stubs. Copy of your existing H1 approval. Passport copies. Copies of I-94 records. Copy of SSN. Latest Resume. Copy of existing valid visa. Copy of all your Diploma/Degrees.

Once it is submitted with the INS, it takes normally 3 to 8 weeks, or in some case a little more time. The time varies depending upon the location of employment. Common questions? I am currently on H-1B through Company A. I am considering another offer from company B. Do I need a new H-1B? When can I start working for company B? No, you don't need a new H1B; the existing one will be transferred. ** According to recent new H1B bill you may join company B, upon the receipt of you H1B transfer case. Upon approval of H1 transfer, is there any time limit to join the new company? Once your H1 transfer is approved, there is no joining time limit. It is totally up to you, when you want to report to work for the new Company. Does H1 Cap affect H1 transfer process? No, H1 transfer is a separate process, and it has nothing to do with H1 cap. It is a transfer of your existing H1 approval to some other company and not a new H1B. I just got my approval notice for my H-1B transfer. It doesn't have a new I-94. What should I do? I-94 is issued when you enter US, which contains a specific expiry date. It can only be issued if the existing I-94 has expired. In case of H1 transfer, it is possible that your I-94 is still valid. Hence, you won't be issued another. Do you need to inform your present employer about your Visa Transfer? Is there any way that my current employer can come to know about my H1b transfer? No! its not required to inform your current employer, and neither he will come to know about the transfer. Is there any limit for number of H1 transfers? There is no such limit; you can apply for as many transfers as you want. Can a person apply for H-1 transfer through more than one company at the same time? Yes! What if a person holding a H1 for Company A, applies for H1 transfer through Company B, and once the transfer is approved, he changes his mind and doesn't join this company B? Can he continue to work for his previous company A? Yes! (A person can have multiple H1, but can work for only one company at a time.)

GREEN CARD
What is a Green Card? A Green Card is a Permanent Visa to USA. Green Card gives you the status of permanent resident and legal rights to work in United States. Once you have a green card you may apply for USA Citizenship. The Green Card does not affects your present citizenship. What are the benefits of being a Green Card holder? Green card gives you permanent U.S. resident status, which allows you the freedom to leave and return to the U.S., to seek employment, to study according to your wish. It gives you the same rights as an American citizen, and you can also retain your citizenship in your native country. With permanent resident status (green card), you can expand your business in America without any problems. What are the different ways to get a Green card? How to get a Green card? There are certain conditions and categories applied by INS for green card, important ones are discussed here. For more information checkout INS website. There are 5 main ways an individual can obtain permanent residency or green card for United States:

Sponsorship by an Employer Investment Sponsorship by a close Family Member in the United States The Diversity Visa Lottery Program Asylum & Refugee Status

We will explain here employment based green card in more detail. Green Card through employer: An employer can sponsor his employee's Green card. It is a multi step process, which involves certain document work confined by few rules and regulations. There are few categories for granting permanent residence to the foreign nationals, based on employment skills. The categories are: EB1, EB2, EB3, EB4, EB5. Most of the technical workers fall under first 3 categories. i) EB1: People with extraordinary ability in the science, arts, education, business or athletics, professors, researchers and Ph.D. holders etc. falls under this category. It also includes people working here as managers and executives on international transfer basis (Company transfer L1 holder) (ii) EB2: This includes people with extra ability in the field of science, arts or business, and advanced degree professionals (PG. degree holder). iii) EB3: This includes professionals with Bachelor/ Graduate degree, and other skilled workers. Employment based green card, is a 4 step process: It's a sequential step wise process.

Step 1: Labor Certification Application (ETA-750) submission through your employer to DOL (Department of labor). Step 2: Petition for immigration I-140 Your employer files Application (I-140) to INS. Step 3: Adjustment of Status ( I-485) OR Consular Processing File I-485 and other supporting documents with INS, for yourself and family within USA. At this time you can also file for EAD (Employment Authorization Document) and AP (Advance Parol or Travel Document), once you file for 485, you will be required to do fingerpriting. In this case Step 2 and 3 can go parallel, known as concurrent filing, however 485 can't be approved without approval of I40. OR Take consular processing Interview at a US consulate in your Home Country. Step 4: Finally Get the stamping in your passport and Receiving the Plastic card.
Note: The overall process is time consuming, as involves formalities and lot of paper work. It is granted against per year Quota/per country/per category. Another constraint is that a person applying for a green card needs to stick with the company, through which his/her green card is getting processed, till he gets his Green card. Otherwise he loses the process, and needs to apply for a fresh application from the beginning.

Related Articles: How Do I Replace My Permanent Resident Card (Green Card)? Did you know?

Green card actually not in green in color. Green card doesn't mean citizenship. You might apply for citizenship after holding Green card status for a certain period of time. Green card is not issued for life time. It is for a specific period, which is normally for 10 years. You need to revalidate it after that limit. There are certain conditions in order to maintain the status of Green card. Sample Green Card

[Sample: This is how the Green Card looks like]

STEPS

Labor Certification Process for Green Card

Introduction : Labor Certificate Process. What are the steps in the Labor Certification Process? How long does the Labor Certification Process take? What is the Reduction-in-Recruitment process? Differences between conventional and RIR processing? General FAQ Who does not need a Labor Certification? Tips

Introduction : Labor Certificate Process Employment based Green Card process start with the Labor Certification Green card applicant. Employer filing sponsoring and initiating the Green card process based on the employment for that applicant need to first get the Labor Certification from the Department of Labor(DOL). This is the first step in the green card process. A Labor Certification is a document issued by the Department of Labor (DOL) that allows your employer to file an employment-based immigration petition on behalf of you (the alien). It is the first step in the Green Card process. In the Labor Certification process, your employer will have to prove to the DOL that they were unable to find a suitable candidate for the job position in the domestic market. They will have to go through a rigorous process where they advertise for your position, carry out interviews and screening procedures and complete other formalities related to recruiting. Finally, your employer will file an application with the DOL stating that their efforts were not rewarded and they were unable to find a suitably qualified and experienced worker. As a result they wish to sponsor you (the foreign worker) for permanent residency since you have the required qualifications and expertise. They will also have to show the DOL that in employing you, they are not depriving any domestic worker (American) of a job. There are a number of other restrictions on the employer. Remember: Green card Labor Certificate is not the same as Labor Condition Application. Labor Certificate is for Green Card applicants while Labor Condition Application is for H-1 applicants. What are the steps in the Labor Certification Process? The Labor Certification Process can be divided into the following steps: 1. Application: The employer files the Labor Certification petition with the appropriate State Employment Security Agency (SESA) or State Workforce Agency (SWA). (The SESA of different states have different names. For instance, the California Employment Security Office is called Employment Development Department (EDD)).The application form is DOL Form ETA-750. Information on this form gives detailed description of the job profile, educational qualifications, training and experience required for the applicant to be deemed suitable for the position. There will also be a statement of your (the prospective immigrant's) qualifications. 2. Review: The SESA date stamps the application - this is the "priority date" for the case. The SESA then reviews the application and may request modifications. They will notifiy your employer of potential problems, including whether the minimum requirements for the position are reasonable and determine that the wage offered meets minimum prevailing wage standards.

3. Recruiting Campaign: Your employer will now begin a recruiting campaign, closely supervised by the SESA. Advertisements detailing company requirements are placed in newspapers and publications. All applicants who meet the requirements have to be interviewed. 4. Results Submission: Your employer will submit a detailed report of the recruiting campaign to SESA. The report includes proof that advertisements did indeed run in newspapers and it should justify the reasons for rejection of all (or any) of the applicants. The DOL checks these reasons closely, especially at times when domestic unemployment levels are high. According to the DOL, a US worker who meets the minimum posted requirements should be offered the job ahead of an alien. The SESA evaluates the report and forwards all information to the DOL. 5. Final Decision: If the DOL agrees that no US workers are available to fill the position based upon fair recruitment efforts, they will approve the labor certification application. The DOL may deny a labor certification if they find the recruitment efforts were unfair or that US workers were disqualified for reasons that were not objective or did not meet the good faith requirements of the law. How long does the Labor Certification Process take? The Labor Certification Process usually differs from state to state. Each state has its own wait period, depending on the number of pending cases. On an average, this process can take between six months and three years. You can check Processing times here. What is the Reduction-in-Recruitment process? The Reduction-in-Recruitment (RIR) is a fast track version of the conventional Labor Certification Process. Your employer must request RIR processing at the time of submitting the ETA-750 form. In the conventional process, your employer submits the application and then makes recruiting efforts supervised by the SESA. In the RIR process, your employer must document that they have engaged (within the last six months) in a pattern of recruitment with the intention to hire US workers, but have been unsuccessful. The pattern of recruitment may vary depending on the nature of the occupation being requested and the labor market at the time of the job search. However, the minimum is one print advertisement and evidence of other actions taken to search the labor market, these may include use of Internet, participation in job fairs, and other similar activities. Differences between conventional and RIR processing. In the RIR processing, the DOL focuses more on finding a pattern of recruitment than on the recruitment campaign alone. This means that the DOL is less concerned with explanations of why US workers were found unqualified or rejected for the position. The RIR procedure can reduce the decision making time on a labor certification from years to months (depending upon the area of the country and current backlogs at the DOL). If advertising has been extensive for the position then this is a good alternative procedure to the conventional labor certification process. GENERAL FAQ How long is a Labor Certificate valid? Once granted, a Labor Certificate has no expiration as long as the job for which it is approved is still available. Does an approved Labor Certificate allow you the legal right to work in the US? No. An approved Labor Certificate only allows your employer to move forward with the Green Card process. It does not give you legal status or the right to work in the US. What will happen if you change jobs during the Labor Certification process? Changing jobs will not affect your Labor Certification process provided your previous employer agrees to continue the Labor Certification petition on your behalf. Since the employment based green card process is

future job based.

Who does not need a Labor Certification? Immigration petitions in the following categories do NOT require a Labor Certification:

All Family-Based immigration petitions. Compnay Intratransfer Manager and excutives ( L1A visa holder) Aliens with Extraordinary Abilities, Outstanding Researchers/Professors, and Intra-Company Transferees for Multinational Executives (EB-1) NIWs or National Interest Waivers (EB-2) Investors (EB-5) Resources Employment & Training Administration's State contacts and resources: www.doleta.gov/regions/ United States Department of Labor website: www.dol.gov

I140 Process
An I-40 petition is the second step in the Green Card process. Once your Labor Certificate is approved, your employer will file a Form I-40 -(know as Petition for Immigrant Worker) - on your behalf. Employer should demonstrate that the company is in a good financial position to capable of paying the salary advertised for the job. For this purpose employer's financial financial statement and corporate income tax return documents also required. What other documents should accompany your I-40 form? It is your employer who file for the I-140 petition, with the following.

Filled Form I-40 Approved Labor Certificate. Filing fee of $190 by check or money order made payable to the relevant USCIS regional Service Center. Proof of the financial position of your employer/company in the form of an audited financial statement or a statement from the CFO of your company. Experience letters from all your previous employers. Other documents such as degree certificates, qualification letters etc. may be required. *Note: At this stage no documents required for the family member of the sponsored applicant . When the Form I-l40 employment-based immigrant visa petition is submitted to the USCIS Service Center , the petitioner must indicate whether the beneficiary will apply for consular processing at an American Consulate overseas for an immigrant visa or will apply for adjustment of status (AOS or I-485) to permanent residence with the INS. What happens after your I-40 is filed? After the USCIS receives your I-40 petition packet, it will issue a Receipt Notice and assign a file number to

your case. This is an acknowledgment of receipt. If the USCIS accepts your petition then an Approval Notice will be issued. This means your I-40 has been approved and you can move on to the next step in your Green Card Process. How long does it take for the USCIS to approve your I-40? The amount of time taken by the USCIS to issue an Approval Notice depends entirely on the backlog at the particular Service Center where your petition was filed. Usually it takes no more than 3 months for this process to be completed; however, processing time may vary from case to case. Does an approved I-40 change your immigration status? No, an approved I-40 petition will not change your nonimmigrant status. You will remain on the same status as before the petition was filed. Can you file I-40 and I-485 together? Yes, this is known as concurrent filing. If you have filed an I-140 petition, you are eligible to file I-485 (adjustment of status) application. You can do so by submitting the Receipt Notice of the pending I-40 with the I-485 application. Additionally, applications for Employment Authorization (EAD) and Advance Parole may be filed with the I-485 application. Family members (spouse, children) can also file I-485 at this time. If I-40 and I-485 are filed concurrently, will the USCIS process them simultaneously? Yes, now a concurrently filed I-40 and I-485 petition will be adjudicated simultaneously. However, if your I-40 is denied, I-485 will also be rejected.

I485 Process / AOS

AOS Overview List of documents for I485. General Terminology associated with AOS/I485 filing Medical Examination Finger Printing EAD ( Employment Authorization Document) Advance Parol ( AP) FAQ Sample Affidavit for Birth Certificate and Marriage Certificate Related Links

Adjustment of Status is the final stage of Green Card. After the completion of this process, the applicant becomes a lawful permanent resident of the US. A applicant can opt either for I485 or Consular Processing (CP). 1. File form I-485 - In this case, the applicant can file for adjustment of status using form I485 for him/herself and family members while remain in US. 2. Consular Processing - In this case, applicant can apply for adjustment of status at the US Consular office in their home country. (Please see our separate section on Consular Processing for further details)

What documents required to file for I485 AoS? The following is a generic list of documents may required for applying for 485/AoS application:

Form I-485 - Application to Register Permanent Residence or to Adjust Status. Birth Certificate Copy of Passport page with nonimmigrant visa Color photographs as per new guidelines Fingerprints ( USCIS will notify when and ehre to provide finger Print) Fee : Nonrefundable Fee: $220 (for those 14 years or older); $160 (for those less than 14 years of age) by check or money order Form G-325A, Biographic Information (for those between the ages of 14 and 79 years) Employment Letter - on employer's letterhead. This letter should confirm that the job on which the visa petition is based is available to you and it should mention your salary. Copy of your I-797 Notice of Action, showing that your I-140, Immigrant Petition for Alien Worker, has been received or approved by INS (As of July 31, 2002, an interim rule published in the Federal Register allows for concurrent filing of Form I-485 with Form I-140, if a visa number is immediately available) Form I-693, Medical Examination of Aliens Seeking Adjustment of Status. ( Must be complted by the USCIS authorized physician) Form G-28 Notice of Entry of Appearance as Attorney or Representative. This will enable your lawyer to represent you. Form I-765, Application for Employment Authorization or EAD ( Optional, if you want Employment Authorization while the case is pending) Form I-131, Application for Travel Document ( Optional, if you want Travel document in case may have to travel out of USA while case is pending) You might be required to submit copies of marriage or divorce certificate, death certificate (of spouse), birth certificates for children and certified copies of any arrests or criminal records, depends on your case. Other then these may be more documents required and depends on individual case. An advise from an immigration Lawyer can be worth. Medical Examination All AoS applicants must pass a medical examination conducted by a civil surgeon approved by the USCIS. You can find the USCIS approved civil surgeon in your area - online. OR You can contact USCIS' National Customer Service Center at 1-800-375-5283 to find an approved civil surgeon in your area. The civil surgeon will record the results of the examination on the Form I-693 and in sealed in an envelope which should be submitted to USCIS along with 485 applications. You are responsible for paying all doctor and laboratory fees for the exam. You must carry your passport (or other form of photo identification) and your medical and vaccination history. If a condition is diagnosed which makes you inadmissible, you may still be eligible for immigration after completing treatment for the condition. Fingerprinting When applying for AoS, you will be fingerprinted so the USCIS can check for FBI and criminal records. The USCIS accepts fingerprint cards prepared only by authorized sites such as Application Support Centers (ASCs), and US Consular offices and military installations abroad. Once you file for I-485, the USCIS will send you a letter with an appointment for fingerprinting at the nearest ASC location. You must have the letter with you when you go in for fingerprinting. There is a $70 charge per person. Once your fingerprints are taken you will be issued a card FD-258 Remember: You should not submit the FD-258 card with your application. If you do so, the card will be

rejected and you will have to go for fingerprinting again. Employment Authorization Document (EAD)? You eligible family member like spouse can apply for an EAD. An approved EAD allows to work or business to the secondary applicant (spouse). The primary applicant, may take up a part-time job or start a business as long continue working for the employer who filed for the Green Card. Application for EAD can be filed concurrently along with I-485 or any time after that as long as I-485 application is pending. The following documents must accompany the form:

Fee of $175 payable by check or money order (Currently the Form I-765 does not reflect this change, however you must comply by the new rules or your application will be rejected) 2 passport photographs taken within 30 days of filing the application and as per the new guidelines. Copies of both sides of your I-94 card Copies of both sides of your EAD if you already had one. Depends on the service center, EAD approval may take few weeks to few months to get approval. For those who are secondary applicant and does not have a Social Security Number or not allowed to work can apply for Social Security Number, after receiving the EAD Card. Advance Parole ( Travel Document) The Advance Parole or Travel Document is used to apply for admission to the United States upon return from abroad without having to obtain a visa from a US Embassy or consulate. You must fill Form I-131 for Advance Parole. There is a nonrefundable Filling fee of $165 to be paid by check or money order. This document is usually issued for the time it takes for the AoS application to be processed and is valid for multiple entries. Once your Advance Parole (Travel Document) application is approved, you will receive 2 copies of form I-512. You must carry all 2 copies when you travel out of the US for the first time. One copy will be taken by the USCIS officer at the port of entry. The second copy is for you and should be used during all subsequent trips.

What happens if your 6-year limit on H-1 visa expires during this time? Once you apply for AoS, your status is considered as "applicant for adjustment of status." You can remain in the US even after your 6-year limit has expired until the I-485 process is completed. If you have not applied for AoS and your 6-year limit is reached, then you must apply for 1-year or 3-year extension of H-1 visa. Whether you are qualified to apply for H-1 extension will depend on the status of your employmentbased green card application. Can you include your spouse and children for AoS? Yes, you can include your spouse and children aged less than 21 at the time of filing I-485 for Adjustment of Status. You must submit all the documents required for AoS for each dependent (except form G-28). In addition, you may need to file Form I-134 (Affidavit of Support) for each dependent. Other documents may include:

Copy of passport with I-94 Copy of I-797 and H-4 visa Copy of Birth certificate Copy of Marriage certificate Original Bank statements Passport photos as per new regulations

What are the new requirements for immigration photographs? The USCIS will now accept standard passport photographs where the subject is facing the camera. Applicants who submitted applications before 01 September 2004 will not need to make any changes, but new applicants will have to comply with the changed regulations. All photos must be identical. You can read the new regulations at the USCIS website. Visit the Department of State's Guidelines for Photographs website to find out how you can take photos that meet the requirements at home. Will you have to appear for an interview? Usually the interview is waived for most applicants. If you are called for an interview, it will be a formality. It is advisable to have your lawyer accompany you. The reason for the interview is to clarify any changes or corrections and to verify that all documents are correct. You may be asked to carry any documents that were missing or incorrect. You may be asked for tax records and pay stubs. If your interview is waived (or if it is completed and you meet all requirements) you will receive an approval letter from the USCIS. You must go to the local USCIS service center with your passport and all I-94 and EAD cards. A temporary green card stamp (I-551) will be placed on your passport. This is an interim green card in case you need to travel out of the US. Within a few months, your green card will arrive in the mail - it is not green in color and looks more like a driver's license or a credit card. Sample Affidavit for Green Card purpose.

Sample affidavit by parents for Marriage. Sample affidavit by parents for Birth Certificate.

Consular Processing
Consular processing (CP) is equivalent to 485 or adjustment of status process with the difference is that 485 can be filed only if the applicant is physically present in USA. Consular processing is a interview process which, an applicant can take at us consulate overseas. In order to apply for the consular processing, applicant's I-140 must be approved and the visa number (priority date) should be current. You can apply for consular processing if 1. You are outside the US 2. You live in the US but prefer processing at a US consulate abroad for convenience What are the steps in Consular Processing? The following steps are involved in consular processing:

You can indicate that you will opt for consular processing at the time of filing your I-40 petition ( If you specified that you will apply for AoS at the time of filing the I-40 and decide to go for consular processing instead, you must file Form I-824 with the USCIS. This is to request consular processing and there is a filing fee of $195 payable by check or money order) The USCIS will forward the information about your I-40 approval to the National Visa Center (NVC). The NVC will sends an Instruction Package for Immigrant Visa Applicants (Packet 3) to you when your visa number becomes available * You and your family complete the forms in the package and return it to NVC * NVC will process the forms * NVC will inform the State Department Visa Office once the processing is completed and request them

to allot a visa number to you and your family * The NVC will schedule an immigrant visa processing appointment for interview that you and your family must attend. This will be at the US Consulate that issues the immigrant visa. If there is no problem, you and your family will be issued immigrant visas.

What documents are required for Consular Processing? The following documents may be required for consular processing:

Approved I-40 petition. The receipt notice for Form I-824 (only if indicating to apply for consular processing at first) or the approved notice for Form I-824 (only if later requesting consular processing) Evidence that your last residence was in the host country of the post Form DS-230: Application for Immigrant Visa and Alien Registration Part I (Biographic Information) and Part II (Sworn Statement) Birth Certificates: One certified copy for each person named in your application Police Clearance Certificate: each applicant named in your application must have a certificate from the appropriate police authority stating whatever their records show about that applicant. This certificate must cover the entire period of your stay in any area. Court and Prison Records - if applicable Updated job offer letter from your employer Medical Report: All applicants must pass a medical examination from one of the approved panel physicians Passport: all applicants' passports must be valid for at least six months beyond the visa issue date. Minor children should have their own passports Proof of Relationship with spouse and children: this may include marriage certificate (along with proof of termination of previous marriage, if applicable), birth certificates etc. Photographs: visa photographs must meet the new requirements How much time does it take? From the date the immigrant visa is available, an average of 5 to 13 months processing time is expected - of course, this may vary depending on the number of pending cases at that particular time. What are the differences between Consular Processing and Adjustment of Status?

The time frame for Consular Processing is quicker than Adjustment of Status Consular Processing must be done in the (foreign) country of residence or country of birth; If you apply for adjustment of status, you must reside in the United States. As an alien who applies for Consular Processing, you have no benefits of work permit and advance parole. Generally speaking, if you apply for AoS, you may also apply for the benefits of work permit and advance parole. If you apply for Consular Processing, you must appear for the interview and medical exam at the consulate of the country of last residence or country of birth; if you apply for AoS you will need to take fingerprints and Physical exam in the US. For more information about adjustment of status please click here. The Interview Process? All applicants for consular processing are expected to attend the interview. The NVC or the Consular Section will send Information for Immigrant Visa Applicants (Packet Four) instructing the you to gather the documents that will be necessary for the interview. This will be done before the scheduling of the interview. You must submit documents like birth and marriage certificates, biographic data, police records and affidavit

of support. There will be a complete checklist of required documents in the Packet Four. Immigrant visa fees are currently $335, payable by check or demand draft. When your case arrives at the Consular Section, and if your priority date is current, you will be scheduled for an interview. If you cannot make this appointment, or you know your documents will be incomplete, you should notify the Consular Section right away to be rescheduled. Appointments are scheduled approximately 5 6 weeks ahead. You will be notified of the scheduled appointments through the mail and should come to the Consular Office on the morning of the interview at the scheduled appointment time, bringing your passports, all relevant documentation as requested, and bank drafts to pay application and issuance fees for each person applying for a visa. Please write your name, address, and telephone number on the back of each draft. If no problems arise, immigrant visas are generally approved on the day of the application and issued later the same day.

Forms: - DS-230 (Part I & II) Application for Immigrant Visa and Alien Registration - I-864 Affidavit of Support - I-824 Application for Action on an Approved Application/Petition

DV Lottery
What is DV Lottery Each year, 50,000 immigrant visas(green card) are made available through a lottery to people who come from countries with low rates of immigration to the United States. The State Department's holds the lottery every year, and chooses winners randomly from all qualified entries. Anyone who is selected under this lottery will be given the opportunity to apply for permanent residence(green card) . If permanent residence is granted, then the individual will be authorized to live and work permanently in the United States. You will also be allowed to bring your spouse and any unmarried children under the age of 21 to the United States. Qualification to apply for DV Lottery

Not all country, citizens are allowed. Citizen from certain countries who has already sent more then 50,000 immigrants (green cards holders) in last 5 years. For DV-2007, natives of the following countries are not eligible to apply because they sent a total of more than 50,000 immigrants to the U.S. in the previous five years: CANADA, CHINA (mainland-born), COLOMBIA, DOMINICAN REPUBLIC, EL SALVADOR, HAITI, INDIA, JAMAICA, MEXICO, PAKISTAN, PHILIPPINES, POLAND, RUSSIA, SOUTH KOREA, UNITED KINGDOM (except Northern Ireland) and its dependent territories, and VIETNAM. Persons born in Hong Kong SAR, Macau SAR and Taiwan are eligible.

Means you or your spouse must be a native of a country that is eligible to participate in the Diversity Visa Lottery. You may also be eligible to apply if your parent was born in a country that is eligible to participate. (The State Department will publish the names of countries that are eligible to participate before each year's lottery.)

Individual educational and work qualification You must have a high school diploma or the equivalent, defined in the United States as successful completion of a 12-year course of elementary and secondary education; OR you must have two years of work experience within the last five years in an occupation that requires at least two years of training

or experience to perform. Procedure to apply Before each year's lottery drawing, the Department of State will publish explicit instructions on how to apply in press releases and the Federal Register . Please follow all directions exactly. Millions of applicants are rejected each year for failure to follow the directions. Please watch the State Department Website for more information on the Diversity Visa Lottery Program. Instructions are usually posted in August, and the registration period is usually held in October each year.

The Department of State will only accept completed Electronic Diversity Visa Entry Forms submitted electronically at www.dvlottery.state.gov during the registration period beginning at 12:00 pm EST (GMT-5) on October 5, 200 5 and ending at 12:00 pm EST (GMT-5) on December 4, 2005. All entries by an applicant will be disqualified if more than ONE entry for the applicant is received, regardless of who submitted the entry. Applicants may prepare and submit their own entries, or have someone submit the entry for them. Successfully registered entries will result in the display of a confirmation screen containing the applicant's name, date of birth, country of chargeability, and a date/time stamp. The applicant may print this confirmation screen for his/her records using the print function of their web browser. Paper entries will not be accepted. The entry will be disqualified if all required photos are not submitted. Recent photographs of the applicant and his/her spouse and each child under 21 years of age, including all natural children as well as all legally-adopted and stepchildren (except a child who is already a U.S. citizen or a Legal Permanent Resident), even if a spouse or child no longer resides with the applicant or is not intended to immigrate under the DV program, must be submitted electronically with the Electronic Diversity Visa Entry Form. Group or family photos will not be accepted; there must be a separate photo for each family member. How Much Does the Lottery Cost? There is no fee for entering the diversity visa lottery. If you win, you must pay a fee for an immigrant visa and a separate visa lottery surcharge. How Can I Find Out If I Won? Only the winners will be notified by mail at the addresses listed on their applications. Winners will be sent instructions and information on fees. Being selected as a winner in the diversity visa lottery does not automatically guarantee that you will be issued a visa, even if you are qualified. The number of entries selected is greater than the number of immigrant visas available, because not everyone selected will be qualified for the visa or will choose to complete the processing. Once all 50,000 visas have been issued, the diversity visa program for the year will end. How Can I Find Out More Information? Please watch the State Department Website for more information on the Diversity Visa Lottery Program. You may also call the State Department's Visa Lottery Information Center at 1-900-884-8840 for more information. Please note: There is a charge for each call. You may also contact your nearest U.S. Embassy or Consulate. A listing of U.S. Embassies and Consulates can be found at the State Department Website.
Note: stay away from the fraud website and services claiming to get you green card through DV lottery. Please see Department of State Warning on Fraudulent/Impostor DV Lottery Websites.

Related Employment based Green card Did you know?

Articles

Green card may not be actually green in color. Green card doesn't mean citizenship. You might apply for citizenship after holding Green card status for a certain period of time. Green card is not issued for life time. It is for a specific period, which is normally for 10 years. You need to revalidate it after that limit.

There are certain conditions in order to maintain the status of Green card.

L1 Visa
L1 visa is an intra company transfer visa. It is a permit to work for a company in USA, to which you are transferred from the parent or the sister concern company of your country. What are the required conditions? L1 visa is filed by your company, and needs to be approved by the USCIS. The requirements for L1 visa are:

It can be issued only to an L1-A(Executive, Manager) or to a person with L1-B(specialized knowledge worker). Individuals cannot apply for an L1 visa. Your employer must file a petition with the U.S. Citizenship and Immigration Services (USCIS) on your behalf for L1 sponsorship. The person must have worked for atleast one year within the past three years and you will be performing duties in the U.S. for the same employer or an affiliate Maximum limit for L1 (A) visa is 7 years for executives, and managers. And 5 years for people with specialized skills L1 (B). The L-1 petition must specify that both the U.S. and the parent company involved are qualified organizations. A letter from US based company, justifying the need of the person. Can a L1 visa be issued, if the person is chosen to set up a office in USA? Yes, one can also be given L1 visa, if he is sent to set up an office in US for his company. In this situation the conditions to be fulfilled are:

The concerned company must have proofs for sufficient funds, in order to maintain a US office. The company has to give the proof of the infra structure in USA, in order to run the business.

Q: What is the difference between the L-1A Visa and the L-1B Visa? A: The L-1A Visa is for Managers and Executives. A benefit of being on an L-1A visa is the ability to apply for a Green Card (Permanent Residence), without going through the process of Labor Certification, after only one year in L-1A status. The L-1B Visa is for key employees (accountants, computer programmers, etc.). Q. Is there any limit on the number of L1 visas available in a year? A. No there is no quota or limit for L visa category. What is the visa status given to the dependents of a L1 visa? L2 visa is issued to the dependents of a L1 visa person. Dependents include the spouse and the children under 21 years of age. The limit of L2 visa is same as the L1 visa. Can a L-2 (dependent visa) allowed to work in USA The recent law change in Jan 2002 enables L-2 spouses to obtain work authorization. A person in L-2 status may apply for the Employment Authorization Card (EAD) from USCIS.