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What may a recruiter ask a candidate with regard to citizenship?
According to The Office of Special Counsel for Immigration Related Unfair Employment Practices, you may ask a candidate if they require sponsorship to work in the U.S. You should, however, ask this question consistently of all candidates.
What is the difference between a visa and a "Green Card?"
A visa is for temporary residency and a Green Card is for permanent residency, not citizenship.
What are the various methods to obtain lawful permanent residency in the United States?
Two of the most common methods to obtain permanent residency are through immediate family members who are already citizens or through employment.
What happens if the candidate is terminated by the client?
One of the conditions of the H1B visa is that the employer is obligated to pay the cost of transporting the foreign employee abroad in the case of involuntary termination.
What are the basic requirements for obtaining permanent residency through employment? What are the time frames involved?
It is recommended that the candidate have at least a bachelor’s degree or equivalent in order to obtain permanent residency through employment.
- The first stage is to obtain a work visa (i.e., H-1). The employer needs to petition with The United States Immigration and Naturalization Service (INS) for the work visa. The work visa may take up to ninety days to receive. After this time, it is initially valid for up to three years.
- The second stage is applying for Labor Certification which is regulated by the United States Department of Labor. The process for Labor Certification varies from state to state. It may take anywhere from six month to three years.
- The "Green Card" is the final stage. This application is filed with INS after Labor Certification is granted. Citizenship may be obtained after a minimum period of three to five years as a permanent resident.
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