L-1 Visas/Permanent Residency (Green Card) for Multinational Managers and Exectutives-Qualifications, Requirements and Application Procedure

L-1 VISA OPTION: Some executives and managers of foreign companies who are transferred to the U.S. may qualify.  A multinational manager or executive is eligible for priority worker status if he or she has been employed outside the U.S. in the three years preceding the petition for at least one year by a firm or corporation and seeks to enter the U.S. to continue service to that firm or organization.  The employment must have been outside the United States in a managerial or executive capacity and with the same employer, an affiliate, or a subsidiary of the employer.

The petitioner must be a U.S. employer, doing business for at least one year, that is an affiliate, a subsidiary, or the same employer as the firm, corporation, or other legal entity that employed the foreign national abroad. 

In some instances, multi-national managers and/or executives on the L Visa may qualify to apply for a green card without first obtaining Labor Certification.  Click here for more on L Visa 

Green Card/Permanent Residency for L-1s, Managers and Executives

Multinational Executives and Managers may qualify for permanent residency without having to first obtain labor certification. This process is beneficial for L-1 visa holders because it removes the costly and lengthy delays associated with the labor certification process. It also avoids the risk of denial that accompanies labor certification applications.

Qualifying aliens may file under EB-1 if the meet the following criteria:

Must have been employed abroad for one year in last 3 years by the firm, its subsidiary or affiliate;

Must seek to enter or remain in the U.S. to continue to render services to the same employer or its subsidiary or affiliate;

Must have a job offer from the U.S. employer, or its subsidiary or affiliate;

Must be employed in an executive or managerial capacity L-1s employed in other capacities do not qualify and must seek labor certification;

Applicants need to submit evidence of the following as part of the application: Statement from the U.S. employer describing the employee's employment with the company in one of the past 3 years and the relationship between the U.S. entity and the foreign one; evidence that the position is executive or managerial in nature - must manage and supervise organization, department or function; evidence that the corporation is active and not merely a shelf corporation.

Family-Based Green Card/Permanent Residency For Relatives of US Citizens and Residents

U.S. citizens and Permanent Residents may sponsor certain family members for green cards or permanent residency. U.S. citizens may sponsor their spouses, children, parents (if child is 21 or older), brothers and sisters. Permanent residents may only sponsor their spouses and unmarried children.  How quickly a sponsored relative becomes a permanent resident depends on the status of the sponsor and the relationship between the family member and the sponsor. 

If the beneficiary of the green petition resides outside of the U.S., the visa approval is forwarded to the National Visa Center for additional processing and interview at the appropriate U.S. consulate.

Below are the various classifications and options:

Immediate Relatives of U.S. Citizens: Immediate relatives of U.S. citizens may apply for a green card status without having to wait for a visa number to become available.  Those residing in the U.S. may apply for adjustment of status immediately as well as a work authorization and a travel document/Advance Parole.  Those who entered with a visa but have overstayed their visas may also qualify.  However, those who entered illegally without inspection may only adjust their status under Section 245i if they qualify. If not, they may be required to return to their home country to apply for a green card.  The following qualify as immediate relatives of U.S. citizens:

• spouses;
• unmarried children under 21 years of age; and
• parents of a U.S. citizen child who is at least 21 years of age.

Family-Based Preference Categories
Relatives that are not immediate relatives as described above may also qualify for a green card.  However, they must wait for a visa number to become available before they can enter the U.S. or file for adjustment of status. The length of the wait is determined by the priority date – the date that the I-130 was submitted.  The Department of State publishes a monthly visa bulletin that reflects visa availability based on preference and priority date. The following are the preference categories:
 
First Preference: Unmarried, adult sons and daughters of U.S. citizens. Adult means 21 years of age and older.
Second Preference: 2A - Spouses of lawful permanent residents, their unmarried children (under twenty-one), and 2B - the unmarried sons and daughters of lawful permanent residents over 21 years of age.
Third Preference: Married sons and daughters of U.S. citizens.
Fourth Preference: Brothers and sisters of adult U.S. citizens.
 
To begin the process for individuals in this category, the U.S. citizen or permanent resident sponsor must file an immigrant visa petition using Form I-130 on behalf of the alien relative. Upon approval and once a visa number becomes available, the alien beneficiary may submit an adjustment of status petition if he is in the U.S. If not, he may complete processing of the green card at the appropriate consulate. Note that certain second preference aliens who have waited for a visa number for 3 or more years may qualify for the V visa which permits them enter or remain in the U.S. until a visa number becomes available. Prior to filing for adjustment of status or consular processing, an alien relative with a pending or approved I-130 petition is not permitted to enter, remain or work in the U.S. unless he has another visa authorizing him to stay.
 
Documents Required Family-based Green Cards
The USCIS typically requires documentation to establish the family relationship. Such may include marriage certificates, birth certificates, school records, baptismal records. Applications for a spouse requires extensive documentation of a shared life such as apartment leases, joint property, insurance records, joint banks accounts, pictures, etc.  In addition, the sponsor must submit evidence that the alien relative can support himself and not become a public charge. As such, the sponsor must complete form I-864 Affidavit of Support and submit tax returns and other proof that he can provide support for the alien. When necessary, income of other family members may be considered to determine whether this obligation is fulfilled.
 
Conditional Residency
Those who obtained a green card through a marital relationship less than 2 years old are granted conditional residency for two years. The green card issued typically has an expiration date of two years. Within 90 days of the expiration of the two years, the couple and dependents who received green cards must file a petition with the USCIS for removal of the condition. The alien is then granted complete permanent residency once the condition is removed. The application to remove the condition must be filed jointly by the couple along with documents showing a joint life. In some instances, certain divorced or separated individuals may submit a petition to remove the condition with or without his spouse’s agreement or approval.

FAQs for Marriage Based Petitions

Employment-Based Green Card Sponsorship For PERM Labor Certification and I-140 Petition for Alien Worker

U.S. employers may sponsor workers to remain and work in the U.S. permanently as permanent residents.  For most occupations and positions, an employer must first request labor certification (PERM) from the U.S. Department of Labor to demonstrate that it recruited, but could not locate a suitable U.S. worker for the position. Please visit our PERM Information Center for details regarding the new labor certification procedures. 
 
Certain occupations that are pre-determined to be experiencing a shortage of U.S. workers do not require labor certifications.  Such include positions in the healthcare  field such as nursing, physical therapists, physicians who work in underserved areas, and certain professionals of exceptional ability.  Positions requiring labor certification require employer sponsorship and a job offer from the petitioning employer. For positions requiring labor certification, a green card or  adjustment of status petition may only be filed after the labor certification petition is approved.
 
Certain highly accomplished aliens who meet the very demanding requirements of the first employment based preference category, EB-1, are not required to obtain a labor certification or job offer in order to submit green card or adjustment of status petitions.  Qualifying aliens may submit a green card petition directly with the USCIS without an offer of employment or an approved labor certification.
 
Upon approval of the labor certification, how quickly one becomes eligible to file for a green card or adjustment of status generally depends on the level of education and/or experience required for the profession - the preference.  Depending on the preference category, one must wait for a visa number to become available before he can enter the U.S. or file for a green card adjustment of status if already here.  If the beneficiary of the green card petition resides outside of the U.S., the visa approval is forwarded to the National Visa Center for additional processing and interview at the appropriate U.S. consulate. The length of the wait is determined by the priority date – the date that the labor certification petition was submitted and the preference category.  The Department of State publishes a monthly visa bulletin that reflects visa availability based on preference and priority date.  Following are the various employment based preferences:

• First -Workers of Extraordinary Ability-EB-1
• Second -Members of the Professions Holding Advanced Degrees or Persons of  Exceptional Ability-EB-2
• Third -Skilled Workers, Professionals, and Other Workers-EB-3
  • Schedule A workers -Physical Therapists, Nurses, Aliens of Exceptional Ability in the Sciences or the Arts, and Performing Art Aliens 
• Fourth -Religious Workers-EB-4
• Fifth - Employment Creation/Commercial Enterprise-EB-5

The visa bulletin reflects the priority dates – date of filing of labor certification petitions – for each preference of those aliens who presently have a visa number available to seek adjustment of status.  In other words, one’s priority date must be at or earlier than that listed for the preference before he can apply for adjustment of status.  Note that “C” means that a visa number is currently available for that preference.

In some instances, H-1B visa holders and those who are being sponsored for I-140 green cards  by one employer may change employers while the green card petition is still pending and maintain their H-1B or green card status.  In other words, the H-1B visa as well I-140 green card petitions are sometimes portable or transferrable to a different employer. As such, changing employers does not automatically mean that the green card application or H-1B visa terminates.

Click here to review the September 12, 2006 memorandum describing guidelines for USCIS officers to apply in reviewing and approving employment-based green card petitions.