As a business owner, if you intend for certain personnel and their families to remain in the US permanently or at least beyond the limits of most nonimmigrant visas, immigrant visas (green cards) can be applied for. Applications for immigrant visas (green cards) may be made to the US Consulate or the USCIS by foreign personnel who:
- Have been classified in one or more of five employment-based preference categories;
- Where applicable, have obtained certification from the Department of Labor that there are no US workers able, willing and qualified to do the job; and
- Hold a priority date that has been reached on the immigration quota list.
Categories for immigrant visas include:
- Priority Workers: this includes key managers and executives who have been employed outside the US by a branch, parent, subsidiary or affiliate of the US employer for one full year in the three years preceding entry
- Exceptional Ability: for individuals in the sciences, arts or business and advanced degree professionals; advanced degree professionals must have a master’s degree or higher, or equivalent
- Professionals: professionals with bachelor’s degrees, skilled and unskilled workers; skilled workers must fill positions requiring at least two years of experience, and unskilled worker classification is for positions requiring less than two years of experience
The employer must obtain Labor Certification from the Department of Labor before an immigrant visa petition can be filed; however, some categories, including Priority Workers, are exempt from this requirement. The Labor Certification process is designed to ensure that there are no US workers available to fill the job that the employer intends to offer to the alien. The employer must undertake a recruitment campaign before they are permitted to file an electronic application. When applicable, filing an application for Labor Certification establishes the alien’s priority date on the immigrant visa quota list.