Employment Based Green Cards

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EMPLOYMENT-BASED PERMANENT RESIDENT STATUS (“GREEN CARD”)

Immigrant visas are available to certain foreign workers who obtain a certificate from the U.S. Department of Labor indicating the intended employment will not have an adverse effect on the U.S. workers already employed.  This is known as “Labor Certification”.  Any employer with a permanent job offer in the U.S. for which the alien is qualified may file an application for labor certification.

In most cases, labor certification requires that the job opportunity be listed with a state employment service, posted at the place of employment, and advertised in a newspaper of general circulation.  The employer cannot require overly restrictive qualifications for the job, and document that a good faith effort to recruit minimally qualified U.S. workers for the position was made.

If it is established that there are no U.S. workers who are able, willing, qualified and available, the labor certification is granted.  Certain applicants who have advanced degrees or exceptional ability in their field may be able to have the labor certification requirement waived if their employment is in the national interest.  Also, certain intra-company transferees are exempt from labor certification requirements.

A common misconception is that an approved labor certification authorizes the individual to stay in the U.S. and to work.  This is not true.  Only the U.S. Immigration and Naturalization Service has the authority to grant employment authorization, not the U.S. Department of Labor which issued the labor certification.

Labor certification is only the first step toward obtaining permanent residence.  A petition must be filed with the U.S. Immigration and Naturalization Service to accord the alien a preference under the quota set by Congress.  Once a quota number is available, the alien can apply either for adjustment of status at the local district office of the Immigration and Naturalization Service or for an immigrant visa at an American Consulate abroad.

OBTAINING PERMANENT RESIDENCE THROUGH

A JOB OFFER AND PERMANENT LABOR CERTIFICATION

An American business that desires to fill a job vacancy with a foreign worker can use the immigration laws and procedures to qualify the foreign worker for an immigrant visa. The foreign worker might already be working for the American business with a temporary non-immigrant work visa such as the H, L, J, F, or E visas, or the foreign worker might be a long time employee that the company’s management wants to help obtain resident status.

The immigration laws provide for several employment-based immigrant visa classifications.  Most of the classifications have built-in protections for American labor.  Employment-based immigration generally requires either a strong showing that the foreign worker is one of the best in the field or that there are no qualified United States workers available to fill the position.

Approximately 28% of the annual allotment of employment-based immigrant visas are allocated to a classification referred to as the “third preference”, which is further split into three subcategories: Professionals (baccalaureate degree required for position and alien); Skilled Workers (at least two years of experience required); and Other Workers (less than two years’ experience required for position).  The Other Workers classification is further limited to 10,000 visas per year.  Therefore, there could be a backlog in this classification if more than 10,000 people apply.  There are also annual limits on how many individuals can apply from one country.  Therefore, there could be backlogs for persons that come from countries that historically have large numbers of applicants such as India and the Peoples Republic of China.

The third preference requires that the U.S. Department of Labor (DOL) makes a determination and certifies that there are not sufficient United States workers who are able, willing, qualified, and available for the position being offered, and that the employment of the foreign worker will not adversely affect the wages and working conditions of United States workers similarly employed.  The application is often referred to as the permanent labor certification application or labor certification.  The rules that govern the application process are referred to as PERM.

The American business, prior to the application being prepared and submitted, must make a effort to recruit applicants for the offered job.  The recruitment efforts include two ads placed on different Sundays in a newspaper of general circulation in the area of intended employment, notices posted at the place of employment, a job order with the State Workforce Agency, and in-house recruitment that is normal to the business.  When the offered job is for a professional additional recruitment must be undertaken.  Three of the following recruitment steps must be done: job fairs, employer’s web site, job search web sites, on-campus recruiting, trade or professional organization, private employment firms, an employee referral program if it includes incentives, notice posted with a campus placement office, local and ethnic newspapers (if appropriate for the job offer), and radio and television advertisements.

The American business must offer the job at the prevailing wage.  This is a wage that is viewed by DOL to be the fair wage paid to workers in similar positions in the area of intended employment.  The wage is obtained from the State Workforce Agency.

Any United States worker that applies for the position should be contacted to confirm that he or she is able, willing, qualified, and available for the position being offered.  This may often require arranging an interview for the applicant.  If no United States workers meet the requirements for the position then the application for permanent labor certification can be prepared and submitted to the DOL.  The American business affirms that ten conditions were met prior to submitting the application

Once the application is submitted it is difficult to change any information or requirements.  The information in the application also serves as the basis of a petition that is filed with the US Citizenship & Immigration Service to qualify the foreign worker in the third preference.  It is very important that the application be properly drafted and any documentation, such as diplomas, academic evaluations or letters of experience be reviewed in advance.

Of course, this is an over simplification of the process.  The duties of the position, the location of the job opportunity, the wording of the advertisement, the application for the prevailing wage, the interviewing process, all have legal requirements and subtle points that can make a difference when applying for DOL’s certification.  The attorneys at Tasoff & Tasoff have many years of experience in the application process and receive regular updates on the law, regulations and interpretations of the permanent labor certification process.  We spend considerable time understanding the foreign worker’s educational background and experience and the requirements of the job offer.  We may spend hours talking to the foreign worker, the employer, researching the law and occupational standards and guidelines.  The attorneys will advise and assist the American business in the recruitment and application process.  However, we cannot interview applicants and determine their eligibility for the position.

The advice and representation that Tasoff & Tasoff provides extends to both the American business and the foreign worker.  This dual representation is common within the area of immigration law, but we are very aware that the American business and the foreign worker may have different interests and concerns.  In such situations there is always the possibility of conflict.  Prior to beginning any work we ask that both the American business and foreign worker review and sign a disclosure notice and consent form.

Upon receipt of the DOL’s certification a petition for foreign worker is filed with the US Citizenship & Immigration Service along with documentation about the American business.  The documentation must include proof that the business has the ability to pay the prevailing salary to the foreign worker.  We often request tax records for smaller companies to satisfy this requirement.

If the foreign worker is in the United States on a temporary non-immigrant visa, or if they otherwise qualify by regulation, the foreign worker and his or her family can apply for adjustment of status with the regional service center of the US Citizenship & Immigration Service.  If the foreign worker is not in the United States, or does not qualify for adjustment of status, then the foreign worker and his or her family applies for immigrant visas at the appropriate American Consulate in his or her home country.  The rules of who may apply where and who may not are intricate.

If an adjustment of status application is filed the US Citizenship & Immigration Service will issue an employment authorization document to the applicant and his or her family members.  The foreign worker and his family may remain in the United States and work until the US Citizenship & Immigration Service has made a decision on the petition and application for adjustment of status.  Travel may also be possible but only with a special document issued by the US Citizenship & Immigration Service.

Assuming the foreign worker and his family members are qualified (no serious criminal or deportation record, fraud, etc.), the US Citizenship & Immigration Service may grant the adjustment of status application, or the American Consul will issue an immigrant visa.

Tasoff and Tasoff can represent American business anywhere in the United States since the law, regulations and procedures are national in scope.  The firm’s attorneys are committed to handling matters competently and diligently and in accordance with the standards of the profession.  The attorneys will keep you informed and provide you with copies of important papers.  The attorneys will exercise independent professional judgment and conduct themselves in accordance with the ethical rules of the State Bar of California.

If you have questions about the obtaining permanent residence through a employment-based category or any other question regarding immigration or our services please feel free to call.

The ten conditions that the American business certifies are:

The offered wage equals or exceeds the prevailing wage and the employer will pay the prevailing wage from the time Permanent residency is granted or from the time the alien is admitted to take up the certified employment.

The wage is not based on commissions, bonuses or other incentives, unless the employer guarantees a wage paid on a weekly, bi-weekly, or monthly basis that equals or exceeds the prevailing wage.

The employer has enough funds available to pay the wage or salary offered the alien.

The employer will be able to place the alien on the payroll on or before the date of the alien’s proposed entrance into the united States.

The Employer’s job opportunity does not involve unlawful discrimination, by race, creed, color, national origin, age, sex, religion, handicap, or citizenship.

The employer’s job opportunity is not:

Vacant because the former occupant is on strike or is being locked out in the course of a labor dispute involving a work stoppage; or

At issue in a labor dispute involving a work stoppage.

The job opportunity’s terns, conditions, and occupational environment are not contrary to Federal, State or local law.

The job opportunity has been and is clearly open to any U.S. worker.

The U.S. workers who applied for the job opportunity were rejected for lawful job-related reasons.

The job opportunity is for full-time, permanent employment.

NONIMMIGRANT “WORKING” VISAS

Specialty Occupation (H-1B) Visa

Professional positions (i.e. computer specialist, engineers, health professionals, etc…) can be filled for a temporary period by a person who has a bachelor degree or the equivalent experience.  Visas are issued for 3 years and can be extended for an additional 3 years for a maximum period of 6 years.  In some situations H-1B status can be extended beyond 6 years in one-year increments.  The Citizenship & Immigration Service reviews the petition from the sponsoring employer after a Labor Condition Application has been approved by the Department of Labor.  In the Labor Condition Application the employer indicates that it has met the conditions of offering the prevailing wage and working conditions.  A limit of 65,000 individuals can apply for the H-1B visa each year.  This limit does not include individuals who have already obtained H-1B status and are extending their stay in the United States or changing employers.  Spouses and unmarried children under 21 years of age of the principal applicant may be granted H-4 visas to remain in the United States.  Due to the high demand for this visa category it is important that application are prepared early in the fiscal year (October through April).  If the limit on visas is close to being reached, alternative working visas must be considered.  A professional who is already in H-1 status can usually begin working at a new sponsoring employer as soon as a new petition has been filed with the Citizenship & Immigration Service.

Intracompany Transferee (L-1) Visas

Multinational businesses can transfer an executive, manager or employee with specialized knowledge to a parent, branch, subsidiary or affiliate office in the United States.   These definitions are very precise and require analysis of the ownership of the American and foreign company as well as the past and future responsibilities of the person being transferred.  The American and foreign company must be actively engaged in business.  There are provisions in the law to allow an individual to be transferred to open a new office in the United States providing certain conditions are met.  The person being transferred to the United States must have been continuously employed abroad by the a qualifying foreign employer for one year within the three years preceding the time the visa petition is submitted.  Initial petitions may be granted for a 3 year period and renewed in 2 year increments up to the maximum stay of 7 years for an executive or manager; 5 years for an employee with specialized knowledge.  Petitions for transfers to new offices are approved for a one-year period.  Spouses and unmarried children under 21 years of age of the principal may be granted L-2 visas to remain in the United States.  If structured carefully, the intracompany transferee petition may allow easy transition to permanent resident status.

Aliens of Exceptional Ability in the Arts, Sciences and Business (O-1)

The O-1 category requires that “extraordinary ability” be demonstrated by sustained national or international acclaim.  Case law has clearly announced that this category is open to business persons and “non professional” workers, including performers and artists, who can demonstrate that they have reached the a high level of achievement in their field.

“Extraordinary ability” in practice is a broad definition that may include many individuals who can show that their skills, experience or education have given them a special advantage over others in their field.  The key is defining the “field of endeavor”  (e.g.:  financial analyst specializing in corporate mergers vs. banker or businessman).  There are special criteria for performing artist and movie and television performers.  The visa can be issued in three year increments.  There is no limit on the number of extensions that can be granted.  It is a good alternative visa for aliens who may not have a formal college degree are affected by quota backlogs or subject to the 6 year limits on H-1B visas.

Treaty (E) Visas

E visas are available to individuals or companies from certain countries with which the United States has a treaty to encourage trade and investment.  E visas are usually issued for five years.  Extensions of stay in the United States may be obtained as long as eligibility continues.  The applicant must be the nationality of the treaty country (or for a company, more than 50% owned by national of the treaty country).  (You may call Tasoff and Tasoff for current information on treaty countries.) For the Treaty Trader Visas (E-1) there must be substantial trade conducted between the United States and the treaty country.  Trade includes the exchange, purchase or sale of goods or services or the transfer of technology.  Individual applicants must be the principal trader or an executive, manager or employee with special skills essential to the company.  The Treaty Investor Visas (E-2) requires that the individual or company makes a substantial at risk investment in a business in the United States.  The amount of the minimum investment depends on the nature of the enterprise.  The investor must show additional income derived from other sources than the investment.  The individual must be the principal, or an executive, manager or employee with special skills essential to the company.  Spouses and unmarried children under 21 years of age of the principal may be granted status to remain in the United States and can also qualify for employment authorization.

Exchange Visitor (J-1) Visas

An American company can offer on-the-job training to a foreign individual through the J-1 international exchange program.  Although the individual can train with the American company for up to 18 months, the visa is obtained through sponsorship by an organization approved by the Department of State.  This visa could be used to train an employee of a foreign affiliate at an American office.  One draw back of the J-1 visa is that it might require the individual to return to his or her country of nationality for two years before becoming eligible for other types of temporary visas or permanent resident status.  Spouses and unmarried children under 21 years of age of the principal may be granted J-2 visas to remain in the United States.  However, they may be subject to the two years foreign residence requirement before obtaining other immigration benefits.

Obtaining a Green Card Through Investment

(1)     Introduction

On November 2, 2007, the Wall Street Journal published an article: “Got

$500,000?  The U.S. Awaits (Government’s EB-5 Program Offers Foreign

Investors Green Cards for Job Creation)”.

A Federal program known as EB-5 (Immigrant-Investor Visa), administered by the

U.S. Citizenship & Immigration Services (“USCIS”), encourages foreign

investors to invest their way to living in the U.S.A.

Morrie Berez, chief of the EB-5 program at USCIS, stated: “The opportunity is

truly beautiful to individuals who want to live and contribute their energy in

the United States, and it creates economic growth and especially jobs for

Americans.”

There are 10,000 EB-5 Visas available every year, and only 867 issued in 2007.

Based on the favorable currency arbitrage (Euro/Dollar, UK Pound/Dollar) the

EB-5 Visa is a cost-effective, time-efficient way to immigrate to the U.S.

An investor (and immediate family) can now obtain green cards (Permanent US

Residency) with an EB-5 Visa by investing $500,000 into a Government approved

Regional Center (currently, over 30 Regional Centers).  Investors receive the

security of permanent US residence without repeated visa applications.

Citizenship may be obtained after five years.

The investment may be made in one of three forms with the EB-5 Visa:

1.   Invest $1,000,000 into a business and hire ten employees anywhere in the

USA, or

2.   Invest $500,000 and hire ten employees in an area where the unemployment

rate exceeds the national average by 150% or the rural population is less than

20,000, or

3.   Invest $500,000 into a Government designated Regional Center and avoid

direct employment.

The $500,000 investment is the least expensive way to satisfy the visa

requirements in order to receive the permanent green card after the two-year

period.  Although the first two types of investment lead to permanent green

card status, they require an additional showing that at the end of the two

year period, ten qualified individuals have maintained jobs in the targeted

employment area.

The minimum period of the investment is approximately three years.  Once an

investor emigrates they may apply to have ‘conditions’ removed after 1 year

and 9 months in the USA.  Processing takes up to six months. ‘Conditions

removal’ means that the investment is no longer tied to the EB5, and the

investor is then free to sell the investment.

The EB-5 Visa investment may be a passive investment, requiring no active

business management.  With a green card via an EB-5 investment visa investors

have the flexibility to take any job, run any business, retire and live

anywhere in the USA, with the benefits enjoyed by U.S. citizens including

property ownership or education.

OBTAINING PERMANENT RESIDENT STATUS

THROUGH THE NATIONAL INTEREST WAIVER

Individuals who have a U.S. masters degree or its foreign equivalent qualify under the Employment Based 2nd Preference provided they have a job offer that normally requires such a level a academic accomplishment.  Also, aliens of “exceptional ability” (presumably a lower standard than “extraordinary ability” described above) in the sciences, arts, or business may also qualify for the Employment Based 2nd Preference.  In order to qualify without a formal masters degree the petition should be accompanied by at least three of the following types of documentation:

An official academic record showing that the alien has a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of exceptional ability;

Evidence in the form of letter(s) from current or former employer(s) showing that the alien has at least ten years of full-time experience in the occupation for which he or 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 in professional associations; or

Evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations.

However, the applicant may also show comparable evidence to establish eligibility.

Usually, in order for INS to approve a petition for the Employment Based 2nd Preference a labor certification requirement must first be obtained from the Department of Labor.  This can be a very time consuming process.  However, a limited exception exists if the entry of the foreign worker into the U.S. would be in the “national interest”.

The courts have enumerated some of the following factors that the INS should consider in determining if the alien’s entry to the U.S. would be in “the national interest”:

improve the U.S. economy?,

improve the wages and working conditions of U.S. workers?,

improve the education and training programs for U.S. children and under- qualified workers?,

improve health care,

provide more affordable housing for young and/or older poorer U.S. residents?,

improve the environment and make more productive use of natural resources?, or

Request of a U.S. Government agency

Recent administrative decisions have restricted eligibility somewhat and require that the alien’s abilities be essential to furthering the “national interest” and the “national interest” be in fact a benefit to the entire country and not just a region or locality.

PERMANENT RESIDENT STATUS BASED ON BEING AN ALIEN OF EXTRAORDINARY ABILITY IN THE ARTS, BUSINESS OR SCIENCES

Persons of “extraordinary ability” may become permanent residents without undergoing the time-consuming labor certification process.  In fact, such persons do not need an employer to file a petition to INS on their behalf since they are permitted to “self-petition”.  An individual of “extraordinary ability” according to INS regulations “is one who belongs to that ‘small percentage’ who has “risen to the very top of the field of endeavor”.  However, in practice, the INS has been more liberal in interpreting the law.  The key is how the “field of endeavor” is defined in the petition.  Obviously, it is far more difficult to be one of the best singers or artists in the world, but being one of the top Peruvian flautist or authorities on rare and antiquarian books of the Victorian period in Britain (one of our cases) is far more easy to establish.  Under the regulations it is necessary to demonstrate three of the following ten criteria:

1. Documentation of the alien’s receipt of lesser nationally or internationally- recognized prizes or awards for excellence in the field of endeavor;

2. Documentation of the alien’s membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields;

3. Published material about the alien in professional or major trade publications or other major media, relating to the alien’s work in the field for which classification is sought. Such evidence shall include the title, date, and author of the material, and any necessary translation;

4. Evidence of the alien’s participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specification for which classification is sought;

5. Evidence of the alien’s original scientific, scholarly, artistic, athletic, or business- related contributions of major significance in the field;

6. Evidence of the alien’s authorship of scholarly articles in the field, in professional or major trade publications or other major media;

7. Evidence of the display of the alien’s work in the field at artistic exhibitions or showcases;

8. Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation;

9. Evidence that the alien has commanded a high salary or other significantly high remuneration for services, in relation to others in the field; or

10. Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales.

Upon approval, the alien (and his or her husband or wife and unmarried children under 21) can file for either adjustment of status at the local INS District Office or have the case processed at the appropriate American Consulate or Embassy in his or her home country.  If an adjustment of status application is filed then the INS will issue a “work permit” (employment authorization document) to the applicant and his or her spouse so they can legally work in the United States while the application is pending.  It is also possible to obtain “advance parole” so that the applicant and family members can travel abroad and return to the United States during this period of time.  At the interview a letter reconfirming that the employer still intends to employ the alien on the terms stated in the application must be submitted.  Assuming the applicant and his family members are otherwise qualified (no serious criminal or deportation record, fraud, etc.) the INS will grant the adjustment of status application or the consul will issue an immigrant visa. The alien and any accompanying family members will then be issued their “green cards”.  The alien should be placed on the employer’s payroll and should work for the employer for a reasonable period of time thereafter.  Five years after permanent resident status is granted the foreign worker is eligible to apply for U.S. citizenship.

Our office, based on our knowledge of the law and many years of experience will advise you regarding the best course of action to take in your particular case and will prepare and file all necessary applications and correspondences.  Usually, all that is required of the employer is to review and sign the application, petition, and reconfirmation letters and provide general documentation about the company’s operations and the job offer.  Since the law and procedures are the same throughout the nation we can handle cases anywhere in the United States.  If you have any questions regarding the above, please do not hesitate to call our office.

L-1 VISA AND PERMANENT RESIDENT STATUS BASED ON BEING AN MULTINATIONAL MANAGER OR EXECUTIVE

A multinational company must be able to rotate its cadre of management through a variety of situations and places so as to make a cohesive integration of its many international offices.  Even a small foreign company may have the need to transfer a key employee to the United States.  The United States government has created a temporary visa for multinational companies to use for transferring their executives, managers and employees with specialized knowledge to offices in the United States.  This visa is called the L-1 intracompany transferee visa.

There are several requirements which must be met in order to qualify for the visa.  First, the structure of the multinational company must fit within the statutory definitions of “affiliate”, “subsidiary” or “branch office”.  Second, the foreign employee must qualify under the law as a “manager”, “executive” or an employee with “specialized knowledge”.  Finally, the foreign employee must be otherwise eligible for a nonimmigrant visa.

The Immigration and Naturalization Service will only approve a petition from a qualifying American entity.  The American business must be a parent, subsidiary, affiliate, or branch of the foreign company from which the employee is transferring.  Each of these business relationships is defined by regulation and case law.  Joint ventures and other non-traditional ownership relationships create uncertain qualification.  Tasoff and Tasoff was instrumental in changing the law in regard to joint ventures qualifying to petition for an L-1 visa by participating as lead counsel in Matter of Smith Tools (Board of Immigration Appeals). The requirements regarding control and ownership, which are necessary to obtain an L-1 visa, are complex and we recommend consultation with an immigration attorney prior to the creation of any business entity in the United States.

In addition to the qualifying relationship, the American entity must be “doing business”.  There are certain criteria and restrictions on newly created American businesses or those that have not operated for at least one year.  Despite these limiting restrictions, in many cases is it possible to prepare L-1 visa applications for executives and managers of newly opened United States offices.

The intended transferring employee must have worked for the qualifying company abroad for six months within the preceding three years in an executive, managerial, or specialized knowledge capacity.  There are several factors that go into deciding whether a person meets the criteria for one of the three qualifying capacities.  Title alone will not make a foreign employee qualified.   Qualifying employees must fit within one of the following employment categories:

1.  A “manager” must be responsible for a department, subdivision, function or component of the organization.  The manager must supervise and control the work of other supervisors, professionals or managerial employees, or manage an essential function within the organization.  The duties and responsibilities of the manager as well as staffing levels and authority are all factors considered when deciding if the position qualifies.

2.  An “executive” directs the management of the organization or major component or function of the organization.  The executive makes policy and has discretionary decision-making authority to implement the policy.

3.  An employee with “specialized knowledge” is a person with special knowledge of the company’s product and its application in international markets or has an advanced level of knowledge of the processes and procedures of the company.

Grants of the initial L-1 visa are valid up to a period of three years except where the employee is coming to open or be employed in a new office in which case the initial stay is only for one year.  The statutory caps on the period of stay are seven years for managers and executives and five years for employees with specialized knowledge.

Procedurally, once the petition has been submitted with I.N.S. it can take several weeks for it to be approved.  Once the petition is approved it is sent to an American Consulate abroad where the individual can apply for a non-immigrant L-1 visa.  In order to qualify the applicant must show substantial ties to his or her residence abroad and satisfy the Consul that he or she will leave the U.S. once their temporary assignment in the U.S. is completed.  If the alien is already legally in the U.S. (often times as a visitor or in business status) he or she may also apply for a change of status to L-1 without leaving the country.  However, if the alien then leaves the U.S. (except for trips to Mexico or Canada of less than 30 days) he or she will have to apply for and receive an L-1 non-immigrant visa from an American Consulate abroad in order to return to the United States.

In consideration of the long-term plan to have a manager or executive permanently transferred to the United States entity, obtaining the L-1 intracompany transferee visa is an excellent first step to permanent residence (“green card” status) in the United States.  There are special provisions in the law that allow qualified intracompany transferees (whether or not they obtained an L-1 visa) to qualify as “priority workers” and avoid long quota and processing backlogs.  This factor should not be overlooked in offering the manager or executive an added incentive for moving to the United States.

Once the employer has decided to employ the L-1 manager or executive on a permanent basis, a Priority Worker Petition (I-140) is filed with the USCIS.  The alien (and his or her husband or wife and unmarried children under 21) can concurrently file and adjustment of status at the local INS District Office or have the case processed at the appropriate American Consulate or Embassy in his or her home country.  If an adjustment of status application is filed then the INS will issue a “work permit” (employment authorization document) to the applicant and his or her spouse so they can legally work in the United States while the application is pending.  It is also possible to obtain “advance parole” so that the applicant and family members can travel abroad and return to the United States during this period of time.  At the interview a letter reconfirming that the employer still intends to employ the alien on the terms stated in the application must be submitted.  Assuming the applicant and his family members are otherwise qualified (no serious criminal or deportation record, fraud, etc.) the INS will grant the adjustment of status application or the consul will issue an immigrant visa. The alien and any accompanying family members will then be issued their “green cards”.  The alien should be placed on the employer’s payroll and should work for the employer for a reasonable period of time thereafter.  Five years after permanent resident status is granted the foreign worker is eligible to apply for U.S. citizenship.

Our office, based on our knowledge of the law and many years of experience will advise you regarding the best course of action to take in your particular case and will prepare and file all necessary applications and correspondences.  Usually, all that is required of the employer is to review and sign the application, petition, and reconfirmation letters and provide general documentation about the company’s operations and the job offer.  Since the law and procedures are the same throughout the nation we can handle cases anywhere in the United States.  If you have any questions regarding the above, please do not hesitate to call our office.