Xie Law Offices, LLC

 

Green Card Options for Computer (IT) Professionals

There are several immigration options for foreign workers who are working in the computer industry.  There workers generally have the job titles as "Software Engineer", "Programmer" or "Programmer/Analyst", "System Analyst" "Software Developer" or "Consultant", etc.  Generally speaking, Computer (IT) professionals have the following immigration options: 

  • If you are a computer professional and you have achieved  extraordinary achievements, you may apply for the green card through the EB1A "Person of Extraordinary Ability".  This category does not require job offer or the employer's sponsorship. The applicants for this category must be able to provide sufficient evidence to prove that they belong to the small percentage of people who have risen to the very top in his field.  If you believe you are among these people, please email us a copy of your completed and updated resume (CV) for a more accurate evaluation.

  • If your job title is "Computer Scientist", if you have a permanent job and if you have some publications, you may qualify for the EB1B "Outstanding Researcher" category.  This category requires the employer's sponsorship, that is, your employer must agree to sign the I-140 form.  

  • If you are IT professional with a job title "Postdoc Research Associate", if you are doing research projects that concern the "national" interests, and if you have some publications, you may get the green card through the EB-2 "National Interest Waiver (NIW)" category.  This category does not require the employer's sponsorship, but it is extremely difficult to get approved for IT professionals who do not have any or many provable achievements such as publications and who are doing regular software development work in the industry. 

  • If you do not fall within any of above categories, you will have to start your green card process with the PERM labor certification process.  This is basically the route the majority of computer professionals have taken to get their green card.  This process can be done as EB-2 or EB-3.  If the position advertised requires a Master degree or Bachelor's degree plus 5 years progressive work experience, your case belongs to EB-2 preference.  If the position advertised requires Bachelor's degree or not higher  than Bachelor's degree, your case belongs to EB-3 preference.  For general information about the PERM labor certification process, please visit the PERM Help Center.  If your employer is new to the PERM based green card process, you should ask your employer to read the excellent summary of the process at http://www.uslawnet.com/Englishhome/Immigration/ByEmployment/lcletter.htm
       

    For the sample approved PERM applications for selected industry jobs, please visit http://www.uslawnet.com/Englishhome/PERM/PERM_Approvals.htm


    For the Frequently Asked Questions about starting the case with this office, please visit http://www.uslawnet.com/PERM%20Case%20FAQ.htm

You can contact us for further information or legal assistance.  Our professional legal team will make sure your case be a successful one.



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