Legal Translator for Employment-Based Immigration
We’ve blogged about legal document translation services for the USCIS. If you run a multinational corporation or even a sizable U.S. company, you know how important qualified, reliable, knowledgeable employees can be. Indeed, even though many processes in our culture are automated, there is still that need for high-quality, professional human capital to keep the proverbial ‘trains running on time.’
That said, it is sometimes hard to find just the right employee, with the right skills and training, to work at your company. Thus, it is completely understandable that you sometimes need to reach outside the United States to find that individual with just the right skills.
In the event you do find that person from a country abroad, then the next order of business is to figure out how to establish the correct immigration status for that individual. Yes, the immigration process can be an arduous one. Yet, for getting just the right person for a job, it can be worth all of the hassle.
Accordingly, this article will take you briefly through the process of helping a foreign-born employee obtain his or her green card. If you want to make an already-difficult process a little smoother, you will be happy that you engaged the help of a professional legal translation service. In that regard, we invite you to call All Language Alliance, Inc. at 303-470-9555. We make sure that legal translators and court interpreters at All Language Alliance, Inc. add value to your efforts on behalf of an employee.
Obtaining a Green Card Through Employment
United States immigration law allows foreign individuals a number of ways in which to attain lawful permanent resident (green card) status through a job in the U.S. There are actually five different types of employment-based categories, as follows:
• EB-1 applicants, known as first preference “priority workers” include:
o Immigrants with extraordinary ability in the sciences, arts, education, business, or athletics;
o Professors or researchers, who are considered outstanding in their fields; or
o Managers and executives of certain multinational corporations.
• EB-2 applicants are people who are members of professions that require advanced degrees or display exceptional ability.
• EB-3 status is reserved for professionals, skilled workers, or other workers.
• EB-4 status is for such “special immigrants,” including religious workers, and special immigrant juveniles.
• EB-5 is for investors who are foreign born.
Under any of the above categories, employees must apply for what is called “adjustment of status,” given that they are adjusting their status from a work visa to a green card.
Adjustment of Status Eligibility
There are a number of requirements to be eligible for a green card for EB-1, EB-2, and EB-3 immigrants. Those requirements are generally as follows:
• Forms. Filing a Form I-485, called the Application to Register Permanent Residence or Adjust Status;
• Previous admission. Indicating that the person was inspected and admitted into the U.S. previously;
• Current presence in the U.S. Presence in the United States when the Form I-485 is filed;
• Visa eligibility. Eligible under all the rules for an immigrant visa;
• Possession of Visa. Current possession of a valid visa;
• A job. An existing job, as indicted on Form I-140, known as the Immigrant Petition for Alien Worker form;
• No bar to admission. No prohibitions to adjustment of status apply;
• Good character. Possess characteristics that merit a favorable exercise of discretion by immigration authorities.
Bars to Adjustment
As noted above, ensuring that there are no limitations on a foreign employee’s admission is an important consideration. Such things as initially entering the United States by violating immigration law could be grounds to bar adjustment of status for your employee. Hopefully, however, you sponsored your employee to get a worker visa in the first place. So, there should be no legal bars to adjustment.
Moreover, there are other grounds for inadmissibility under the Immigration and Nationality Act § 212(a), including:
• Poor health
• Prior criminal record
• Security concerns
• Fear of becoming a public charge
• Previous removal from the U.S.
Who Needs to File the Application for a Green Card?
As an employer, you may recall that you assisted a great deal in the process to bring a foreign-born employee over to the United States with a visa. However, with regard to the green card process, the onus is on the immigrant employee.
In that regard, the amount of information that needs to be submitted in support of an adjustment of status application is enormous. The information ranges from a series of forms, ranging from the I-485, to forms attesting to the ability to have financial support in the U.S. and a medical examination form with vaccination records, to name a few. In short, the supporting background documentation for an application is extensive.
Further, an employee’s spouse and minor children may also achieve green-card status based on the primary applicant’s information.
Why Do You Need a Legal Translator for This Process?
More often than not, legal translators and the adjustment of status interview interpreters at All Language Alliance, Inc. see employment-based green card applicants who still may struggle with English. Because the application for a green card is so involved, and accuracy is so vital, a legal translator makes the process far easier. Thus, if you are an employer dedicated to assisting your employee in obtaining a green card, or an immigration lawyer, having a legal translator on the ready is essential. For more information, contact us at www.languagealliance.com.
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