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IMMIGRANT :

GREEN CARD THROUGH EMPLOYMENT


CERTAIN MULTINATIONAL EXECUTIVES AND MANAGERS
(NO LABOR CERTIFICATION REQUIRED)


Aliens who are in the United States on L-1A visas qualify for green cards as multinational executives or managers if the business entity in the United States has been doing business for at least 1 year. In addition, an alien in the United States on an E visa could qualify for a green card as a multinatinal executive or manager if prior to entering the United States the alien had been employed by the company outside the United States for at least 1 year during the past 3 years prior to entering the United States. Moreover, aliens are currently cotemplating whether to apply for an L visa could directly apply for a green card if they meet the L visa requirements and the business entity in the United States has been doing business for at least 1 year.

The "one of three years requirement" may be satisfied if the alien is in the U.S. for more than 3 years if he or she is working for the same employer, affiliate, or subsidiary in the U.S. and was employed for at least 1 of the last 3 years by the company overseas before entering the United States on a nonimmgrant visa.

Although a job offer is required for this type of a green card petition, it is not necessary to prove to the government that there is a shortage of American workers (labor certification). Also, there is no "minimum size" requirement or "amount of business" requirement concerning the companies. Executives and managers of both large and small companies qualify under this category.

For related Lighthouse articles, click here.

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ALIENS WITH EXTRAORDINARY ABILITY
(NO LABOR CERTIFICATION REQUIRED)


An alien (a) with extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation, (b) who seeks to enter the United States to continue work in his or her area of extraordinary ability, and (c) whose entry into the United States will substantially benefit the United States can obtain a green card.

Extraordinary ability is defined in the US Immigration laws as "a level of expertise indicating that the individual is one of that small percentage who have risen to the top of the field of endeavor." As a general rule, this means that the alien is considered to be in the top 10% of his or her field. Defining the "field" and "narrowing the field" are two of the keys to success in this type of case.

A job offer is not required for this type of a petition, and therefore the alien can "self-petition" for this type of a green card. In addition, it is not necessary to prove to the government that there is a shortage of American workers (labor certification).

According to the INS regulations (8 CFR 204.5(h)(3): Evidence in support of this type of application includes the following:

(1) Evidence of a one-time achievement (that is a major, internationally recognized award) or

(2) At least three of the following:

  1. Evidence of receipt of a lesser nationally or internationally recognized prize or award for excellence in the field of endeavor;
  2. Evidence of membership in associations which require outstanding achievements of their members, as judged by recognized experts;
  3. Published material in professional or major trade publications or major media about the alien's work;
  4. Evidence of participation on a panel, or individually, as a judge of the work of others in the field;
  5. Evidence of original scientific, scholarly, artistic, or business-related contributions of major significance;
  6. Evidence of authorship of scholarly articles in professional journals or other major media;
  7. Evidence of the display of the alien's work in exhibitions or showcases;
  8. Evidence that the alien has performed in a leading or critical role for organizations or establishments having a distinguished reputation; and
  9. Evidence of high salary or high remuneration in relation to others in the field; or
  10. Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk or video sales.

3. If the above standards do not readily apply, the petitioner may submit comparable evidence to establish eligibility.

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LABOR CERTIFICATION


A. TRADITIONAL PROCESS
With certain exceptions, aliens who come to the United States for green cards through employment must have a job offer of which the United States Secretary of Labor has certified will neither displace qualified American workers nor adversely affect wages and working conditions. This certification process is obtained by the employer who files an "Application for Alien Labor Certification." This process often takes many years to complete.

Beginning this process does not give the alien permission to remain in the United States. Moreover, beginning the process does not permit the alien to work. Most important, beginning the process does not guarantee success.

B. REDUCTION IN RECRUITMENT
In November 1996, the Department of Labor instituted a policy under which certain Applications for Alien Labor Certification" can receive expedited processing if they meet certain criteria. In the expedited process, the employer can attempt to demonstrate that it has conducted "recruitment" already and thus by-pass the first step of the traditional process. In order to qualify under this special expedited treatment, known as "Reduction in Recruitment" (RIR),

  1. The occupation must be one for which there is little or no availability (of qualified U.S. workers];
  2. There must not be any "restrictive requirements," such as foreign language requirements, in the job offer.
  3. The job offer must meet the "prevailing wage" according to the government; and
  4. The employer must show adequate recruitment through sources normal to the occupation and industry within the previous 6 months.

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OTHER METHODS


A. OUTSTANDING PROFESSORS AND RESEARCHERS
B. NATIONAL INTEREST WAIVER CASES

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