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by arez 3665 days ago
do you get a green card easier as a canadian than people from europe for example? I'm from germany and know many people who would like to work in the states, but it's really a big problem to get the green card. It takes companies much effort and money to get you in the states for more than 3 months.
3 comments

You have to immigrate like all the other immigrants, but since you are German, the permanent resident quota is barely used for your nationality. The USA creates a quota system for green cards and then splits them up on a nationality basis. India, China and the Philippines have a long lineup for visas.

The USA creates a quota/lineup system on a per country basis.

You have 3 basic options:

1. Work at a European office for a year, transfer on an L visa, apply for a green card once your in the USA.

2. Apply for an H1-B around march/april, see if you made the lottery, get your visa in october, apply for a green card once your in the usa.

3. Work at a European office for X years, apply for a green card outside of the USA, starting immediately while your working there, wait until you get a green card, move to the USA. It took about a 1 year to 1.5 years for a former coworker to do it this way.

O-1 & E visas are too special case to think about for the most part. And there is always getting married to a US citizen.

O1 is a fairly common visa type for startup founders
#3 is an interesting option that I hadn't heard of until now. Would this option be available to remote workers? Or is it reserved only for those working with companies that have a physical office in their country as well as the US?
Actually you don't have to be working for the company at all for #3. I think he wasn't working for the company until his green card came through.

Basically it's like applying for a green card normally, except your out of the country and you get the visa with "consular processing". I'm not sure if you can work remotely for the company or not while the green card process is happening.

I think most employers don't want to do it although because your not working for them while it's processing. With a dual intent visa you can work for the company while the green card is processing and your in the US office.

This outlines it: http://www.path2usa.com/employment-based-green-card

*Note: I know technically employers apply for you, not you yourself independently. It's just easier to write it that way.

One can't apply for H1-B. A company on your behalf has to do that. And I never heard of option 3. Do you have a link for that?
Are any of these options available to people without a degree?
TN status/visa can be obtained without a degree but it is a little less straightforward and has a higher chance of denial.
Canadians get access to TN class work visa. It's meant for temporary work, but gives a few years to figure out a more permanent approach.
What would a more permanent approach be? Marriage?
Work in overseas branch as a manager. Get moved to US on L1 visa. Apply for employment based green card, takes about a year.
Isn't this how a lot of the big firms are using Their European offices? I've met a lot of people in the valley that worked in places like Zurich, or London for their first year with the company before moving to CA.
Companies will sponsor a green card on a TN, it is just riskier since it's not a dual intent visa.

You can also apply for H-1B and if you get that then you can just switch to it then apply for a green card.

H-1B, O-1, L-1, and perhaps more.
Don't forget eb5 except it's super slow. Probably takes 2 years from initial investment until you have your conditional greencard. Then another couple of years until you have a full fledged one.
I thought the H-1B was a temporary visa?
I am not an immigration lawyer, but this is my understanding: The H-1B is similar to the TN but each have their pros / cons: TN is much cheaper (~$50 + lawyer fees) and there is no cap / application deadline. You apply at the border so there is also virtually no waiting time assuming you get it.

The downside of the TN is that it is a "temporary" permit. Technically it's not actually a visa. It simply allows you to work and live in the US for a "temporary" amount of time. The temporary part is very gray in this case, since it is up to the discretion of the border guard to determine if you are using it in a temporary sense. Similar to the H-1B it can last for up to 3 years, and can be renewed after that.

The other big difference is that dual-intent is not allowed on the TN permit. In other words, you are not supposed to apply for a green card while you are on it. The H-1B is dual intent and therefore that's what you want if you want to get a greencard.

A pretty typical path for Canadians who start working in the US and decide to stay is TN -> H-1B -> Green Card. However, it is not easier for Canadians to get an H-1B. They must participate in the lottery like everybody else.

One correction:

> "In other words, you are not supposed to apply for a green card while you are on it."

You can actually do this, it's very painful but it's not rare. The gotcha is that the moment you leave the country your TN is kaput, so you're effectively trapped in the USA until the green card process is complete.

It is a NON IMMIGRANT Guest Worker Visa good for 3 years. It can be extended for an additional 6 years. If they apply for a green card, it can be extended indefinitely on a yearly basis.

Virgil Keep America At Work

Would that be the same for Germans?
No sorry, the TN is only available to Canadians and Mexicans. It's based on NAFTA. https://travel.state.gov/content/visas/en/employment/nafta.h...
TN visas aren't dual purpose so when it comes to staying permanently Canadians are on the backlog with the rest of the world.