A Green card permits an alien to reside and take employment in USA. It is an Identification card, serves as a proof that card holder is a Lawful Permanent Resident (LPR) and has been legally granted immigration benefits.

Immigration and Naturalization Service (INS) is an agency formerly responsible to issue Green cards. It mainly focused on protecting and enforcing the laws of naturalization, the process by which a foreign-born person becomes a citizen.

During a re-organization process, INS was absorbed into and replaced by the Bureau of Citizenship and Immigration Services (BCIS) which was further renamed as US Citizenship and Immigration Services (USCIS), which still retains the responsibility for issuing green cards.

To apply a Green Card one must have a Visa that can be an Immigrant for permanent stay or Non Immigrant for temporary stay. Non Immigrant visa can be a Business Visa, Student Visa, Exchange Visa or can be a Tourist Visa as well.

The duration of the stay depends entirely on the purpose of visit. A business visa also known as B1/B2 Visa is allotted to those who are visiting US for Business Purpose, to attend short term training for short span of time, to visit to his relatives or for any medical treatment

There is another category of Business visa called as EB1/EB2 Visa allotted to priority workers including outstanding professors, researchers, International managers and executives. An EB1 petition does not require a Labor Certification.

To process it forward, an individual or employer must file a Form I-140 (a Petition for Alien Worker) with the USCIS Regional Service Center that has jurisdiction over the place where the individual will work.

Once the I-140 immigrant visa petition is approved, the alien and his/her spouse and children under 21 years of age may apply for their immigrant visas either through adjustment of status in the United States or through consular processing which an applicant can take at US consulate overseas.

Other type of Visa includes Students Visa which is allotted to students going US for studies. This visa is valid only for the span of course duration or 5 years whichever less is. Apart from these Visas there are some other categories like Tourist Visa, Transit Visa that are allotted as per the duration of stay.

There is a separate category of Visa also known as Exchange Visa or F-1 visa which is much highlighted these days for the exchange programs run by colleges and schools wherein students from foreign countries visit US to interact with their students and to understand their education pattern.

Apart from the above process one can also get a Green Card through a Green card Lottery organised by state department that provides Green Card to 50,000 winners randomly selected from all the qualified entries.

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There is a rule from the Department of Homeland Security that requires the sponsoring employers to file a petition for all the Aliens for whom R-1 non-immigrant status is sought. To comply with the same now the consular officers are required to ensure that, the said applicants have obtained an I-129 petition form from the Department of Home land security, prior to the issuance of the visa. The said rule has been in force from the 6^th of October 2009.

In case there is a further requirement of a clarification about this rule you might feel free to get in touch with the Legislation & Regulations division of the Visa Service’s. The contact person would be Lauren Prosnik. Phone # (202) 663-2951.

Now the question is what is this rule been promulgated for? The answer to that is, on the 26^th of Nov 08, the department of homeland security announced the requirement for the sponsoring employers to file a petition for all the Aliens for whom R-1 non-immigrant status is sought. Also as per the same law the period of the validity of the visa is not supposed to exceed the period as mentioned in the petition. As a result of that, an R-1 non-immigrant visa would now require the applicant to be established as a beneficiary of an approved petition. The implementation of this petition requirement by the United States Citizenship and Immigration Services has been, for the purpose of authenticating and determining the petitions from the religious organizations for the religious workers. This would also help to ensure that such religious workers are admitted into the United States on the request of a religious organization and that is exactly where the workers work.

Miscellaneous regulatory findings:

As per the Administrative procedure act there is a regulation that involves the foreign affairs function of the US therefore according to the 5 USC 553(a)(1) is not subjected to the procedures of rule making as set by 5 USC 553.

As per the Executive orders 12866, the new rule has been reviewed by the department of State to ensure its consistency with the regulatory philosophy and the principals set by the Executive orders 12866. They have also determined that the cost of maintaining this rule is justified according to the benefits that are to be derived out of it.

As per the paper work reduction act does not impose the requirements of information collection, as per the provisions of the paper work reduction act 44 USC chapter 35.