Employer-Sponsored Green Card Applications for Foreign Employees

If a US employer feels that a foreign worker will be needed on a permanent basis, he or she has the option of sponsoring the employee for permanent resident status in the US. This is also known as the green card process. This process will vary according to the level of education that the employee has and the employee’s country of origin.

In order to begin the process, the employer must first file an application with the Department of Labor. Once the Department of Labor certifies the employer’s application on behalf of the foreign employee, a Form I-140 Green Card Application can be filed. In addition, a Form I-485 Adjustment of Status application can be filed as soon as the priority date for the employee becomes current.

PERM: New Labor Certification Process for Employers

Beginning in March of 2005, employers had to file for labor certification under the new PERM procedure. In order to qualify for an employer-sponsored green card, the employer must show the Department of Labor that there are no qualified US workers who are able, willing, qualified and available to accept the job that is being offered at the prevailing wage. The prevailing wage is determined by the occupation and the geographic area of the employment. The employer must also show that the employment of the foreign employee will not adversely affect the wages and working conditions of US citizens in a similar line of employment.

EB-1 Green Card: Outstanding Foreign Professor or Researcher

In order to qualify for the EB-1 visa for foreign professors or researchers, you must be able to show that you are internationally recognized for your achievements in the particular field in which you want to teach or do research in the US. You must also show that you have at least 3 years of teaching or research experience in the academic area in which you intend to work. Finally, you must be entering the US in order to pursue a tenure or tenure track position at a university or other institution of higher learning in the United States.

EB-1 Green Card: Foreign Multinational Executive or Manager

In order to qualify for the EB-1 visa for foreign multinational executives or managers, you must be able to show that you were employed in a managerial or executive position for at least one year in the previous three years outside of the US by a firm or corporation. Furthermore, you must be seeking to enter the US in order to continue working as a manager or executive for the same firm or corporation that employed you outside of the US or an affiliate or subsidiary of that employer.