I-140 Green Cards
If you are seeking permanent residence status in the United States (a “Green Card”), you might be eligible to receive it through your work. Certain foreign workers are encouraged to immigrate to the United States based on their expertise or talent in a particular field such as the arts, sciences, athletics, or business, under the assumption that the US will benefit from these individuals working within its borders.
The process of applying for your green card depends on what work you do and your qualifications. It also depends on your experience in the field. There are multiple categories to apply under and you and your family members may be approved for permanent residence in the United States in the form of a green card. After five years you and your family can choose to become US citizens.
Extraordinary Ability in the Sciences, Arts, Education, Business, or Athletics: This category is designed for workers who have achieved significance in their field and plan to work in said field in the United States. They must provide evidence of their exceptional accomplishments in their area of expertise – such evidence can include awards and prizes, publications or display of their work, or elements of commercial success such as ticket sales or a relatively high salary for the field. This can be a great fit for you if you already hold a work visa under the O-1 category.
For this category, the worker files a petition on their own behalf, and does not need a job offer from an employer.
Outstanding Professor or Researcher: This category is designed for scholars – professors and researchers – who are recognized as being at the top of their field. The worker must provide evidence of this recognition in the form of prizes or awards, published material such as books or articles, or membership in elite scholarly associations. The worker must also provide evidence that they have at least three years of experience in either teaching or research in their field.
For this category, a US employer – typically a university or private research institute – must file the green card request on behalf of the employee. In its filing, the employer must indicate that it has offered the employee a tenured or tenure-track position, or a comparable position to conduct research.
This visa category is a great alternative to work visas that require labor certification, which can be a burden on the employer. No labor certification by the employer is needed for the EB-1; the employer only needs to prove it meets certain eligibility criteria as an institute of private research or education.
Multinational Manager or Executive: This visa category is intended for employees who have a permanent job offer as managers or executives at a US company. The employee must have been employed at the company for at least one year out of the past three in a managerial or executive capacity outside of the United States.
For this visa category, the employer must file a petition on behalf of the employee – like the previous category, this does not require labor certification. The employer must demonstrate the following:
– The US-based company has a relationship with the foreign company for whom the employee currently works (e.g. parent/subsidiary, affiliate, branch office relationship)
– The US-based company has been doing business in the United States for at least one year
– The US-based company has the ability to pay the employee’s salary
This visa category is a suitable option for employees who are currently in the United States on an L-1 visa and are interested in receiving a green card.
Family Members of an I-140 applicant
Spouses and unmarried children under the age of 21 can also receive Green Cards alongside the employee. Family members will receive a Green Card, which will grant them permanent residence and the right to work in the United States.
How to Apply
You can apply for your I-140 application from either outside or within the United States. If you are currently located outside the United States, you will need to file an I-140 petition under consular processing. There are several stages to this process and the process concludes with an interview at the US Embassy.
If you are currently located inside the United States on a nonimmigrant visa (such as a work or student visa), you will need to file an I-485 form along with your I-140 request. This will allow you to adjust your status from nonimmigrant to immigrant.
Get Legal Assistance
Due to the exceptional nature of this visa, an I-140 petition requires plenty of proof and a persuasive argument for the benefits the employee will bring to the United States. We suggest turning to an experienced legal representative to help you collect evidence, craft your argument, and follow up on the petition from start to finish.
Our office has years of experience handling complex matters of US immigration law, including I-140 green card applications and other employment-based visa categories. We will guide you through the petition process, representing you until you receive your approval. We are available for initial consultations with employees or employers interested in pursuing this path – please call 03-374-4722 to set up a meeting.
