GREEN CARD THROUGH EMPLOYMENT
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.
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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
3. If the above standards do not readily apply, the petitioner may submit comparable evidence to establish eligibility.
A. TRADITIONAL PROCESS
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
A. OUTSTANDING PROFESSORS AND RESEARCHERS
Changing the status from L-1A to permanent resident status