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US Green Cards
Introduction to US Green Cards
In most cases where you are looking to fill a vacancy
quickly, it is not feasible to apply for lawful permanent residence.
Most employment based permanent residence applications
involve demonstrating that there is a shortage of US workers to fill the
vacancy. The process of demonstrating such a shortage is called 'Labor
Certification'.
Wherever 'Labor Certification' is involved, the total
processing time invariably exceeds six months, and may take years. Even where
'Labor Certification' is not required, it is normally easier to transfer a
candidate to the US using a non-immigrant visa, and then to apply for a 'Green
Card' once they have taken up their position.
The following may obtain US Green Cards without 'Labor
Certification':
- International Executives/Managers
- Registered Physical Therapists
- Registered Professional Nurses
- Aliens of Extraordinary Ability in Business,
Sciences, Arts, Education, or
Athletics
- Exceptional Ability in the Sciences, Arts,
Business with a "National Interest Waiver"
International Executives and Managers
A multinational corporation with an established US office
(i.e. one that has been in existence for at least one year), may obtain a 'Green
Card' for international executives who have worked in an executive or managerial
capacity for a non-US branch of the corporation for at least one year in the
last three.
Applications under this category will generally need to be
supported by:
- A Letter from the employer confirming
employment outside the US, the nature of the previous employment, and the
dates of employment.
- If relevant, a letter from the US employer
confirming the nature of the previous employment, and the dates of
employment.
- A job description for the prospective
employee.
- Tax returns showing employment of the
candidate by the same employer outside of the U.S. for at least one year
in the last three years.
- Accounts for the employer in the US.
Registered Physical Theapists & Registered Professional
Nurses
In the interest of focus, this guide does not provide full
details of these categories. For further details please call BCL on +44 (0)207
495 3999 in the UK, or 1 888 618 3587 in the US
Aliens of Extraordinary / Exceptional Ability in Business,
Sciences, Arts, Education, or Athletics
By its very nature the requirement of "extraordinary
ability" excludes all but a tiny minority of potential immigrants.
Those of "exceptional", as opposed to
"extraordinary", ability, must undergo labor certification, unless it
is waived on the grounds of 'national interest'. However, labor certification
can be a relatively quick process for such candidates. For further details of
this category, please see below.
Aliens of Exceptional Ability in Business, Sciences, Arts,
or Education.
Applications for US Green Cards for aliens of exceptional
ability should be supported by:
Professionals with advanced degrees
Subject to labor certification, members of the professions
who hold advanced degrees may practice in the US.
Applications for a US Green Cards for Professionals with an
advanced degree should be supported by:
- Labor certification; and
- An official academic record showing that the
candidate has a U.S. advanced degree or an equivalent foreign degree; or
- An official academic record showing that the
candidate has a U.S. baccalaureate degree or an equivalent foreign degree
with letters confirming five years of post-qualification experience.
Professionals
Subject to labor certification, any qualified member of the
professions may practice in the US; their applications will take longer to
process than those of professionals with advanced degrees.
Applications for a 'Green Card' for a Professional should be
supported by:
- Labor certification; and
- Evidence that the alien holds a US
Baccalaureate Degree or equivalent foreign degree;
- Evidence that a Baccalaureate Degree is
required for entry into occupation. This could be a letter from a
professional organization confirming the requirements for admission to the
profession.
Skilled workers
For US immigration purposes, a 'skilled worker' is one who
will be engaging in an occupation that requires at least two years of training
or experience; the worker must have the relevant experience, and a shortage of
those particular skills must be demonstrated. It will take longer to process an
application for a Skilled Worker than it takes for a professional.
Applications for a 'Green Card' for a skilled worker should
be supported by:
- Labor certification (see pages 18/19), and
- Evidence that the alien meets the requirements
of the labor certification such as educational qualifications, and letters
confirming employment and/or training. The minimum requirement is at least
two years of training or relevant experience.
Other workers
Where labor certification has demonstrated a shortage any
particular type of skills in the U.S., it is possible for those with that skill
to be granted a 'Green Card'. However, where the workers are not officially
deemed to be 'skilled workers' (see above) the process takes several years; such
delays render this option unattractive to employers.
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