To us, every case is personal...our extraordinary record of success is based on not only a commitment to excellence, hard work and integrity to the hiring company but also to the individual immigrant. As immigrants ourselves, we are well aware that we are dealing with people's lives and we don't take that lightly. No case is routine or insignificant. Options for permanent residency are complex and limited. You need comprehensive strategies based on your unique situation that ensure you get to the finish line as quickly as possible.
EMPLOYMENT-BASED PERMANENT RESIDENCY CATEGORIES
The employment-based filing categories are all subject to yearly quota limits. As such, often advantages exist between the various filing categories due to quota backlogs. The State Department publishes a monthly “Visa Bulletin” which lists the status of the various categories. The categories are as follows:
- Persons of Extraordinary Ability in the Sciences, Arts, Education, Business, or Athletics
- Outstanding Professors and Researchers
- Multinational Executives and Managers
- Workers with Advanced Degrees
- Workers with Exceptional Ability in the Sciences, Arts, or Business
- Skilled Workers and Professionals
EMPLOYMENT-BASED PERMANENT RESIDENCY PROCESS
Many companies choose to apply for permanent residency (i.e. “green cards”) on behalf of their employees as a way of increasing their employee retention rates. There are three basic steps to employment-based permanent residency petitions:
Step One: Labor Certification
- Labor Certification is a procedure done through the United States Department of Labor whereby it is determined that there are no United States workers “ready, willing, and able” to fill the position. Labor Certification is not necessary if the employment-based permanent residency petition is based on a first preference filing category.
- Note, Labor Certification is not necessary if the filing category is EB1
Step Two: The Petition
- The Employer files the Employment-Based Green Card Petition with the US Citizenship and Immigration Service.\
Step Three: Adjustment of Status
- The Employee files an Adjustment of Status Application with the US Citizenship and Immigration Service upon approval of the Employer’s petition. Concurrent filing of the Employer petition and the Adjustment of Status petition is now available in most circumstances.
Permanent residency is available to investors of any nationality provided certain investment and development objectives are met. The investment must:
- Create jobs for 10 US Citizens or Permanent Residents--not including the investors family members
- The investment must be a minimum of $1 million [$500,000 is allowed in certain geographically designated areas]
Upon approval of the petition by the US Citizenship & Immigration Service, permanent residence will be granted on a conditional basis for two years and a petition to remove the condition must be filed at the two year anniversary point.