美國搞身份...請大家幫手.

我有親戚係美國開餐館...我依家係美國用緊F-1 visa讀緊大學...我想問我可以可以叫我親戚係我畢業之後幫我搞身份整Green Card (In case無美國公司係請我)?? 如果可以...要有咩requirement?
To answer you this question, let me tell you the structure of employment based (EB-series) migration.
There are 5 category of EB series migration, you get into each slot depending on your ability and your education lv. For each category, you need apporiate visa and for that you will need a labor card (PERM CARD) Those are in priority (1 being the highest and 4 being the lowest, 5 is unique)
EB1. Unique Skill/Extraorindary Achivment, when you get an oscar (Academy award) or oylmpic gold medal, or a nobel prize(like the CIS said), you can apply this category
EB2. Extensive Education background, when you got a PhD or professorship or fellowship, you belong to this category.
EB3. Nomal Skill, when you got a degree and work in related field, or you have been working in a non-skilled profession for certain amount of time, you belong here
EB4, Religious worker, when you work for a church or something, you belong here.
EB5, Investment base visa, when you got 1 million US D to set up shop in US, you belong here.
So, see what you listed in, the place you work for is a restaurant, none of the position require a university degree. So, you belong to EB-3, if you apply under employment based scheme.
However, can your company sponsor you or not, not only depend on how he pay you and how u pay tax, cos PERM is involved, so you also need to consider how many US Citizesn can do your job. Against how big your company is.
For job like chef and waiting staff, it is extremely difficult to get PERM or labor card for that, for 1 very obivious reason; A Lot of citizens can do that, and by law, they need to hire them first, before consider for hiring a non-Citizen
So, in your case, i will have to say, it is very hard for you to get PERM and migrate using your relative's shop, even if you can, it will take relatively long time to complete the process about 10-12 years

2009-09-10 08:51:04 補充：
我親戚係咩要做足手續俾最低合法工資我? 我攞左green card之後可唔可以馬上去其他公司見工?

It is not that simple, first you need to see if your relative's company earn enough to sponsor you, if they are a small shop, then usually they cannot even start petition for a foreign worker procedure.

2009-09-10 08:52:12 補充：
then you need to consider the PERM, which they assess your ability and the job uniqueness and how man y people in US (Citizens) can work those job. The easier the job was, the more US Citizens can work in and less chance for you to get PERM

2009-09-10 08:53:30 補充：
Cos they need to protect local labour market...

Then you need to satisify all the company ethics and environment, like provide you with a reasonable working condition and pay. This is actually a very big issue, again, depend on how big your relative's shop is

tell your relative ( the one who own the restauture ) sell you share. then you become part of business owner. if there are more than 10 emplyees, you ( may ) apply the business visa then changed to green card in future.
the best way is to marry an US citizen. then you can stay without much headache.

Make it simple.

You will never be able to get a LCA and PERM from the Department of Labor based on your situation.

Finding a job yourself is the only way.