US GREEN CARDS
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Green card status allows a foreign national to live and work in the US permanently. There are several paths to permanent residency, the two most common being through employment or sponsorship by a close US citizen or green card holder relative.
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Green card holders should not leave the US for extended periods (more than 6 months) without first taking steps to protect the green card status. If not, the green card may later be considered abandoned. Green card holders could eventually become naturalized citizens of the United States.
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Employment Based Green Cards
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a. EB-1: Priority Workers
Priority Workers are not subject to the labor certification requirement, the process where a US employer must demonstrate that there are no US workers available to do the job and that hiring the foreign national on a permanent basis will not negatively impact the wages and working conditions of US workers.
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(i) Persons of Extraordinary Ability
This category is for individuals who are at the very top of their field. The applicant’s prominence is demonstrated through sustained national or international acclaim. Although no US employer is required, the applicant must intend to continue to work in the area of extraordinary ability in the US.
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(ii) Outstanding Professors and Researchers
This category applies to those who are recognized internationally as outstanding in a specific academic area. The applicant must have at least 3 years experience in teaching or research in the academic area. The professor or researcher must seek to enter the US for a tenure teaching position or a research position for a US employer, whether an institution of higher education or a private employer.
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(iii) Multinational Executives and Managers
Particularly suitable for L-1A visa holders, this category allows US companies to file a petition indicating the person is needed in a permanent position in the US. The candidate must have been working abroad for at least one of the past three years before entering the US in an executive or managerial capacity for an entity that is related to the US petitioner as described for the L-1 work visa category.
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b. EB-2: Members of the Professions holding Advanced Degrees or Aliens of Exceptional Ability
An advanced degree is either a US Master’s degree (or the foreign equivalent) or an undergraduate degree (or the foreign equivalent) with 5 years of progressive experience in the specialty. Exceptional ability is commonly defined as a degree of expertise significantly above that ordinarily encountered.
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Labor certification is required, unless it is in the US national interest to waive this. The US employer must file a petition with the DHS containing the approved labor certification as well as supporting evidence. Once this petition is approved, the person may – if in the US – change his or her status to that of a green card holder.
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Only a specific number of immigrant visas or numbers are made available each year for the EB categories. Many Candidates in the EB-2 and EB-3 categories presently face lengthy backlogs before being issued the immigrant visa or change their status to green card holders.
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c. EB-3: Skilled Workers, Professionals and Other Workers
A professional is generally a person who has a US Bachelor’s degree or equivalent. A skilled worker is someone in a position that requires at least two years of training or work experience. Other workers are persons with less than two years of training/experience.
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The US employer must file the petition with the DHS with an approved labor certification and other documentary evidence. Once the petition is approved and a visa number available, the person may – if in the US – change their status to that of a green card holder.
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Family Based Green Cards
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One of the fastest - and most certain - ways of obtaining that vital green card is to be sponsored by a close US citizen relative such as a spouse, parent or child over 21. Siblings can also be sponsored, though this procedure will take longer. US green card holders may also sponsor their spouses and children for green cards.
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The specific procedure to be followed may depend on where the US citizen sponsor resides - for example, if the US citizen spouse resides legally in the UK, the non-US citizen spouse may be able to obtain an immigrant visa from the US Embassy London in as little as 6 months which will enable him or her to enter the US as a green card holder.
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US citizens who are engaged to foreign nationals may also sponsor fiance visas that allow their fiances to come to the US, marry the US citizen and obtain a green card.
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