Apart from the so-called Non-Immigration-Visa the U.S.C.I.S. provides different Immigration-Visas and the Permanent Residence Card (Green Card). Through the means of the Immigration-Visas or the Green Card, respectively, the owner obtains Permanent Residence Status. It provides the owner with an unrestricted work permit and the right to stay in the U.S. permanently, which is not bound to a particular employer or purpose as with Non-Immigration-Visa. Individuals with extraordinary qualifications or experiences, e.g. professors, scientists, top managers, or athletes have access to “priority categories” that allow for accelerated processing (as with relatives of U.S. citizens).
The same applies to foreign nationals who invest a minimum of USD 1 million (USD 500,000 in select, federally funded areas) into an active business and create or maintain 10 jobs (this visa is often called “McDonald’s-Visa” as investors frequently obtain franchise licenses). This EB-5-Visa immediately provides the applicant and his/her family with Permanent Residency Status.
Basically the Permanent Residency Status can be obtained via two avenues:
- Immigration due to employment: Proof of labor certification
- Immigration due to family relations: First degree relationship to a U.S.-Citizen or an individual with Permanent Residency Status.
If a foreign national resides in the U.S. with a Non-Immigration-Visa an adjustment of status is difficult to obtain. There are particular prerequisites to be met (e.g. the L-1A-Visa) that are dependent on legal entry into the U.S.
The initial the Green Card has to be renewed after two years in order to prevent abuse (e.g. fictitious marriages). Upon successful completion of this probation period it will be issued for an unlimited period of time.
A total of 140.000 Green Cards is being issued every year. If you obtain the Green Card in the year you applied for it you are being put on a waiting list and will receive your visa at the next possible date of issuance.
As the issuance of an Immigration-Visa or Green Card involves significant administrative effort German companies intending to send their employees to the U.S. rarely utilize this category. This differs from for entrepreneurs residing in the U.S. permanently.
One alternative option to obtain the Green Card is the so-called Diversity Visa Lottery. It represents a program that grants foreign nationals who don’t fulfill the regular requirements for Immigrant-Visas permanent residency status based on a quota system.
Fiscal Implications
Every stay in the U.S. of 183 days or more (being calculated over the course of a three year period) as well as the possession of a Green Card automatically requires a person to file taxes in the U.S. This applies to the individual’s income worldwide (often moderated by double tax treaties). Before applying for one particular Immigration-Visa these tax implications should be weighed thoroughly.
Naturalization
Naturalization differs from the above discussed visa options. Foreign nationals with a Green Card can apply for U.S. citizenship if they can show proof of a minimum of five years of permanent residency. The application has to be submitted to the USCIS. The applicant’s acknowledgement of the U.S. American constitution and value system is a fundamental prerequisite.
U.S. law allows citizens to hold additional citizenships. For foreign nationals
from Germany, Austria, and Switzerland their country’s respective laws and
constitutions determine the eligibility for dual citizenship. A Swiss citizen who
holds the additional U.S. citizenship is treated as a Swiss citizen while residing on Swiss territory but has to abide by U.S. law when residing on
U.S. territory. Germans automatically give up their German citizenship when
applying for another nationality. They can under certain circumstances
maintain their German citizenship though (e.g. by showing proof of sustained
and significant business or family relations to their country of origin).
Conclusion
The U.S, American Immigration and Naturalization laws are of particular difficult and complex matter and can only be discussed on an abstract level in the context of this web site. Besides the U.S. Constitution and the Immigration and Nationality Act there are multiple ordinances and regulations to be considered that require specific knowledge and experience in order to avoid mistakes. As a result you are strongly advised to consult a seasoned professional to plan and prepare your extended stay in the U.S.
http://www.usag24-group.com/us_immigration/greencard_us.html