There are five categories of foreign workers who can get legal permanent residency (a green card) that would authorize them to work and live inside of the U.S. For most categories, the foreign worker will have to work with Immigration and possibly the Department of Labor or Department of State to obtain residency. A job offer in the U.S. is normally required get the green card; the employer must submit a petition Immigration. Prior to submitting the petition to Immigration, the USA employer might first be required to obtain a “labor certification” from the Department of Labor. The labor certification process involves submitting evidence to the Department of Labor that proves a foreign worker is needed because qualified U.S. workers are not available to fill the job.

The best way to determine which steps are necessary to obtain a green card for a foreign worker is by working with a licensed immigration attorney. In general, the following categories of foreign workers can be admitted for employment-based green card (permanent residence) in the United States:

1. Foreign workers can get a green card to come to the U.S. if they have reached the top of their profession in the sciences, arts, education, business or athletics. There are three sub-categories: superstars, outstanding professors and researchers, and corporate executives or managers.
• A Superstar is a person with extraordinary ability in the sciences, arts, education, business or athletics, which can be demonstrated by documents showing national or international honors. Neither a job offer, nor a labor certification, is required for this foreign worker to get residency because this foreign worker is not likely to take a job a away from a U.S. worker.
• Outstanding Professors and Researchers are foreign workers with outstanding achievement or ability in the area of education or research. A professor (or researcher) must only show that they have achievements that are outstanding, which is less than extraordinary. A job offer is needed for residency based on this sub-category.
• Multinational Corporation Executives are foreign workers who are corporate managers or executives. Unlike the other categories, these foreign workers do not have to demonstrate any particular level of fame or success before they are allowed to get a green card. A job offer for a position in the U.S. is needed, as the executive must have already been abroad with the employer (a multinational company) for at least a year before they are allowed to get U.S. residency.
2. Foreign workers who are professionals with advanced degrees (or the equivalent); or persons with exceptional ability in the sciences, arts or business. These foreign workers must have a USA job offer and either labor certification or a national interest waiver. A foreign national can get a national interest waiver if the employer can show that the foreign worker’s employment will serve the national interest better than employment of an available U.S. worker.
3. Skilled labor, professionals (with college degree or equivalent) and unskilled labor. These foreign workers are allowed to get a green card to come to the United States when a similarly qualified U.S. worker is not available to fill the job. The employer must obtain a labor certification before filing the petition for residency with Immigration.
4. Special foreign workers including religious workers, court dependents, and returning legal permanent residents.
5. Investors can also get a green card if they invest significant funds in the United States and the investment either creates or maintains at least ten jobs for U.S. workers.

The first category is unique because it allows foreign workers to get a green card fairly quickly. For example, “superstars” are such desirable residency candidates that they do not have to undergo the lengthy labor certification process that is usually needed to get a green card. Although the option of getting a green card as a superstar has advantages, these applications are not approved often because Immigration must agree that the foreign worker’s qualifications are exceptional. It is somewhat easier to be admitted under the second or third sub-categories as an “Outstanding Professor or Researcher” or “Multinational Manager or Executive.” It is not necessary to get a labor certification from the Department of Labor to get residency under these two sub-categories.

If a Labor Certification is required, Blandon Law can assist the employer by ensuring that the employment recruitment effort meets the Department of Labor’s standards, the application is filed correctly and meets all the requirements. We can also assist in the event of a possible audit of the application by DOL.

Blandon Law can also assist the USA employer in establishing the business necessity for the foreign worker. We will also collect and present all the evidence necessary to demonstrate that the foreign worker meets the USA job requirements.

Finally, Blandon Law can assist foreign workers, even if they are outside of the United States, by working with a consular post for residency based on a job inside of the U.S. This process is conducted through the Department of State because it involves working with a consular post in another country. If the foreign national is inside the United States (perhaps with a temporary business visa), Blandon Law can assist the employer and the foreign national with the Adjustment of Status process to get a green card for the foreign worker. This process requires applications and possibly an interview with Immigration. The higher the priority category, the faster the foreign worker will get residency.

Blandon Law works closely with accountants, other experts, the USA employer and the foreign worker to obtain and organize the evidence so that it meets the requirements of the law. This is the most important service the firm provides to assist employers and foreign workers get a green card, or residency, based on a job inside of the U.S.