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W I N T E R 2 0 1 3
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gross annual compensation of at least
EUR 44,800 (for 2012) is agreed upon.
Certain other professions (scientists,
mathematicians, engineers, doctors
and IT specialists) require only a
compensation of EUR 34,944 (gross,
for 2012).
As a rule and comparable to Labor
Certification in connection with a
U.S. H-2B visa, the German Federal
Employment Agency is involved
and must check whether there are
German or privileged foreign workers
available. However, in case the annual
compensation amounts to at least EUR
44,800, Labor Certification is waived.
The same is true if the compensation is
between EUR 34,944 and EUR 44,800,
provided the applicant graduated from
a German university.
Family Members
Regarding right of residence, the spouse
of an EU Blue Card holder is allowed to
immediately work in Germany without
having to prove knowledge of the German
language, requiring the consent of the
Department of Labor or being restricted
to certain professions.
Validity
When granted for the first time, the EU
Blue Card generally is valid for a maxi-
mum of four years. If the employment
contract is temporary, the EU Blue Card
will be issued for the duration of the
contract plus three months.
Permanent Residence Permit ­
"German Green Card" for
EU Blue Card Holders
After 33 months, the holder of an EU
Blue Card may be granted a permanent
residence, i.e. settlement permit, if he
complies with the general preconditions
for it being granted ­ e.g. adequate knowl-
edge of the German language, a basic
knowledge of the legal and social system
and the way of life in the Federal terri-
tory of Germany. The qualifying period
is reduced to 21 months if the foreigner
can prove German language proficiency
level B1. With other employment based
temporary residence permits, the period is
five years. As mentioned above, it is three
years for self-employed persons.
An applicant with a university degree
but no exceptional skills will need Labor
Certification and will have to wait years
until he might be granted an EB-3 green
card for the U.S. In contrast to this, an
EU Blue Card applicant may not only
come to Europe and be able to work and
earn a living within just a few weeks
or months. He may also be granted
permanent residency before he would be
allowed to enter the U.S. on a green card.
Of course, and particularly with
highly qualified persons, getting a job
is rarely the only reason for aspiring to
legal permanent residency in the U.S.
Time will tell whether the European
regulations really are in direct
competition with the U.S. immigration
law, whether the EU Blue Card reduces
labor deficit in Europe and, perhaps,
also the time applicants for U.S. green
cards have to wait until the cards
become available.
By the way, foreigners who have
legally lived in Germany for eight years
may apply for German citizenship.
However, as a rule with exceptions, they
will have to abandon other citizenships ­
which is another matter altogether.