Employment Green Cards

Employment Immigration/Green Cards

There are various ways for a company to sponsor a worker for permanent residency (“green card”) or for a worker to obtain one individually.  Our firm helps both companies and employees navigate this complex process.  Here are the ways to obtain permanent residency under our immigration system.

EB-1 Category – This covers 3 categories of potential immigrants. These individuals do not have to go through the PERM labor certification process.

  • Persons of Extraordinary Ability – This category is for people with (1) extraordinary ability in sciences, arts, education, business or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation; (2) who seek entry to continue work in the area of extraordinary ability; and (3) whose entry will substantially benefit the United States. 

In this category, the individual doesn’t need an employer to sponsor him or her, but it is a very high standard.  The individual will have to prove that they have risen to the very top percentage in their field through objective documentation from recognized experts in their field.

  • Outstanding Researchers and Professors– This category is for people who (1) are recognized internationally as outstanding in a specific academic area; (2) have 3 years experience in teaching or research in the academic area; and (3) who seek entry for (a) a tenure teaching position, (b) a comparable position at a university or institute of higher education to conduct research, or (c) a comparable position to conduct research with a private employer if it employs at least 3 persons full-time in research activities and the department or institution has achieved documented accomplishments in the academic field.

In this category, the individual needs an employer to sponsor him or her, but it is a very high standard.  The individual will have to prove that they have risen to the very top percentage in their field through objective documentation from recognized experts in their field.  However, the legal standard is slightly lower than the EB-1 Extraordinary Ability category.  Regardless, extensive documentation proving that the researcher is outstanding or has international acclaim is required by the USCIS.

  • Multinational Executives and Managers– This category is for people who (1) are employed for one year in the last three years by a firm or corporation or other legal entity or an affiliate or subsidiary of a United States company; and (2) who seek entry in order to continue to render services to the same employer or to a subsidiary or affiliate in a capacity that is managerial or executive in nature.

In this category, the individual will require employer sponsorship.  In addition, the USCIS has embraced a very extreme definition of who qualifies as an executive or manager in recent years.  Just because you hold L-1A status as an executive or manager does not automatically mean you will get your green card approved under this category.  A good review of your case by a qualified attorney is required.

EB-2 (Advanced Degree and NIW) – This is for members of professions who hold advanced degrees or their equivalent, or who because of their exceptional ability in the sciences, arts or business will substantially benefit the national economy, cultural or educational interests, or welfare of the United States and whose services are sought by an employer in the United States.  People in this category must have a job offer and a labor certification.  The USCIS will waive the requirement of obtaining a labor certification for aliens who prove that their entry is in the United States national interest. This is commonly referred to as the national interest waiver (NIW), and the NIW isn’t only limited to scientists and researchers.  Even business people with significant accomplishments in the field of business can qualify.

EB-3 (Professionals and Skilled Workers) – Applies to (1) people who hold a baccalaureate degree and who are members of a profession; or (2) people who seek entry in a full-time permanent job requiring at least two years of training or experience; or (3) people who seek entry as workers with less than two years of training or experience.

EB-4 (Special Immigrants) – People who seek entry as Special Immigrants.  This category is often used by religious workers who (1) for at least two years immediately preceding the time of application have been members of a religious denomination having a bona fide, nonprofit, religious organization in the United States, (2) seek entry to the United  States solely to carry on their vocation as a minister, and (3) have been carrying on such  vocation, professional work or other work continuously for at least a two year period.

EB-5 (Investors) – This is a green card option for foreign investors who want to invest $1.8 million or $900,000 (in a targeted employment area) into a new commercial enterprise that creates at least 10 full-time jobs for U.S. workers.  

Investors who use this category to obtain permanent residency either invest directly in private businesses or in Regional Centers.  This is also a good option for people who hold E-2 investor status to try get permanent residency through the EB-5 program, assuming they can meet the investment and job creation requirements.

If you are interested in sponsoring your employee for permanent residency, you should consult with an experienced employment immigration attorney who can help you. Contact us at Bashyam Shah LLP to schedule the consultation today.

Hear it from our clients

"I’d like to use this opportunity to express my great appreciation to all of you, for your help on our case! Mingyi did a great job for relaxing us before the interview. And without Hayley’s help, I probably need a lot of explanation to immigration officers about my I-94 issue." Murali, you are the big boss, and I know you know my sincerely appreciation for you and your team! It’s been a while, and everybody has done lots of work! Thank you very much, again!

Li

"Initially, the representative I mostly worked with was Pam Prather, an extremely warm and knowledgeable person along with Mr. Bashyam (partner of the firm), who is a walking library on immigration law. Esther Oh was also instrumental in the final stages, so I thank her for all her efforts as well. The experience has been incredible and I think of this firm and its employees not just as immigration assistance but an extended family. Thanks for all your support."

Mohamed E. from Santa Monica, CA
Employment-Based Permanent Residency

"Murali is a highly reputable and efficient lawyer. He has been a great asset to my family and we feel privileged to have found him. He always went the extra step to make sure we were taken care of. He also kept us abreast of any new developments as far as laws were concerned. He was able to help us understand a very confusing process with ease. I can’t find enough words to describe how good Murali’s representation is."

Kerwin K. from Staten Island, NY
Employment-Based Permanent Residency

Our experience working with Bashyam Shah was the best possible. Our EB-1 process was easy and professionally handled by Murali and the paralegals. I was extremely surprised by the fact that they not only answered my emails fast but were genuinely working on our behalf for the best possible outcome. They explained the whole process and helped us every step of the way. Our resident card got approved in very little time, we were really impressed! And that shows how the case was handled properly without any errors. We had an amazing experience and had been recommending them for family and friends for years!

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