It is possible to get a green card through employment sponsorship. In many cases, an employer will sponsor a specific employee for an employment green card. Multinational managers and executives or intra-company transferees also qualify for an employment green card. However, these petitioners must meet the following eligibility requirements:
- The applicant must be a multinational manager or executive. This must be proven in the application, often through a letter from an employer. The employer must provide not only the job title of the applicant in the letter, but also the duties and the tasks that the applicant performed while at the company. Official business documents can also help prove that an applicant is an executive or manager.
- The applicant must have worked at a foreign company as an executive or manager for one or more of the past three years. Often, payroll and tax documentation can help establish this.
- The applicant must now work or want to work at a US company that is affiliated with the foreign company where the applicant worked before. This is usually established and proven if the same people own or work at both the US and foreign company.
- The applicant must be applying to work in the US company, and this US company must be engaged in active business and must have been in business for at least a year.
If all of this can be proven and established, an applicant can apply for an employment green card by having the US employer file Form I-140 (Petition for an Immigrant Worker). If the applicant is already in the US, he or she will also need to file Form I-485 (Application to Register Permanent Residence or Adjust Status). If the applicant is applying from outside the US, the applicant will need to apply through a Consulate for a visa. After entering the US, the applicant will receive their green card.
There are some benefits to applying for a green card through employment as a multinational manager, executive, or intra-company transferee. One of the big benefits is that there is no labor certification application needed. This can save some time, and ensures that employers do not need to submit their recruitment efforts and other detailed information. As well, if an applicant already has an L-1A visa (or qualifies for one), chances are good that he or she qualifies for an employment green card this way.