Green Card

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 a 'Green Card' without 'Labor Certification':

• Aliens of Extraordinary Ability in Business, Sciences, Arts, Education, or Athletics
• Outstanding Professors/Researchers
• International Executives/Managers
• Exceptional Ability in the Sciences, Arts, Business with a "National Interest Waiver"
• Registered Physical Therapists
• Registered Professional Nurses

Aliens of Exceptional Ability in Business, Sciences, Arts, or Education.

Applications for a 'Green Card' for aliens of exceptional ability should be supported by:

• Labor certification - unless waived (see above),

AND: at least 3 (and preferably more) of the following:

• An official academic record showing that the lilicandidate has a degree, diploma, or certificate,

OR: A Similar award from an institution of learning relating to the area of exceptional ability;

• Letter(s) from current or former employers showing that the candidate has at least 10 years of full-time experience in the occupation for which he/she is being sought;
• A license to practice the profession or certification for a particular profession or occupation;
• Evidence that the alien has commanded a salary, or other remuneration for services, which demonstrates exceptional ability;
• Evidence of membership of professional associations;
• Evidence of recognition for achievements and significant contributions to the industry of field by peers, Governmental entities, or professional, or business organizations.

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.

Professionals with Advanced Degrees

This category is detailed below; it can only be used following 'Labor Certification'

Professionals

This category is detailed below; it can only be used following 'Labor Certification'

Skilled Workers

This category is detailed below; it can only be used following 'Labor Certification'

Other Workers

This category is detailed below; it can only be used following 'Labor Certification'

Labor Certification

Before you may obtain a 'Green Card' for a foreign worker who does not qualify for exemption from 'Labor Certification' (as outlined on the preceding pages), that company must demonstrate to the local office of the US Department of Labor that the job is one for which there are not sufficient United States workers who are willing, qualified, and available at the time of application for a visa.

The employer must also demonstrate that the employment of the foreign worker will not adversely affect the wages and/or working conditions of workers in the United States similarly employed.

Labor Certification is a difficult and time-consuming process, but, in itself, it does not permit an alien to start work in the US. It is simply one of several requirements before for the grant of an immigrant visa.

An application for Labor Certification is made using official form ETA 750; this form comes in two parts, Part A, and Part B. Each part must be accompanied by documents as outlined below:

Documentation to be included with ETA 750, Part A

• An assessment as to the shortage of qualified US workers. This will usually be shown by advertising the vacancy in a relevant publication to demonstrate a shortage, and by a detailed letter from the employer. If candidates were interviewed for the position, the employer should carefully explain why such candidates were unsuitable for the vacancy.
• A full and detailed job description. It is important that the job description covers even minor duties of the candidate.
• A description of the minimum requirements for the job. This should cover the absolute minimum requirements to do the job, covering the education, training and experience needed to fill the vacancy. It is important that this is seen to be reasonable, as otherwise Labor Certification will be refused by the Department of Labor.
• It would be advisable to obtain a prevailing wage level from the local State Employment Services Agency. This is the minimum salary that must be paid to the candidate. If there are authoritative surveys confirming the prevailing wage or the employer can show this by some other way, this is also likely to be acceptable.
• If the employer is not already well known to the Department of Labor it may be advisable to also submit accounts to show that the employer has the ability to pay the candidate.
• Company Brochures and Literature. This is not strictly necessary as part of the Labor Certification process but is an excellent way of demonstrating that the respectability and professionalism of the company.

Documents to be included with Form ETA 750, Part B

• Certified copies of diplomas and other relevant qualifications.
• Transcripts from colleges attended by the employee confirming the relevancy of the subjects taken as part of the course to the new employment in the US. This may be unnecessary if copies of the qualifications are available for the candidate. In certain cases, it may also be useful to obtain an evaluation of the qualifications from an academic or evaluation service.
• Letters or affidavits from past employers confirming the work experience of the employee, and describing the duties that the candidate performed.
• Awards and membership of any organizations that confirm the qualifications, and professional ability of the candidate.
• If relevant, publications about the candidate confirming the candidates particular expertise.
• It would be useful to include a resume for the candidate which accurately reflects the experience and qualifications of the candidate.

Professionals with advanced degrees

Subject to labor certification, members of the professions who hold advanced degrees may practice in the US.

Applications for a 'Green Card' for a Professional 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:

• A 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:

• A 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.