Employment Based 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 'PERM Labor Certification'; hereafter, called 'labor certification'.
Wherever labor certification is involved, the total processing time can take an average of two to six months. 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
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
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.