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Green Card Options In the last of a three-part series examining US visa options for business, we briefly discuss employment based Green card options. The correct term for ‘Green card’ is Lawful Permanent Residence (LPR) or immigrant visa. Non-immigrant versus Immigrant Visas Any visa which is not a Green card is ‘non-immigrant’ or temporary, meaning the holder of the visa must intend to leave the US at the end of the authorized period of stay. Some non-immigrant visas, such as the L-1 and H-1B, are ‘dual intent’ visas, which allow the holder to hope or desire to one day become a green card holder. ‘Single intent’ visas, such as the J-1 or E treaty visas, do not permit this dual state of mind. Single intent visas do not bar the holder from applying for 18 | SILICON VALLEY GLOBAL
a Green card in all cases, but proper advice should be sought. In most cases, it will be necessary to obtain some category of non-immigrant visa to allow the applicant to live and work in the US while a Green card application is pending. The Multinational Manager/Executive Greencard, known as Employment Based Category 1-3 or EB 1-3, is a very desirable option and well worth advance planning for those interested in living permanently in the US. As with the L-1A, an applicant for Multinational Manager or Executive Green card must have worked as Manager
or Executive of a foreign related company for at least one year in the previous three. It is often considered prudent to apply for an L-1A visa as a first step in this process. Advantages of EB 1-3 include a) there is no recruitment of US workers required, b) processing is fast, and c) visas are current, meaning immediately available.
PERM Program Electronic Review Management is the DOL’s processing system whereby US employers conduct advertising and
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recruitment prior to filing a labor certification application in an attempt to identify qualified US workers, or more accurately to prove that no qualified US worker exists. Although many people seeking a Green card have no option but to apply for PERM, it has many disadvantages; the very concept of PERM is artificial, it is expensive and protracted, and the outcome is generally uncertain. Skilled workers and professionals with a PERM approval may apply for Green cards in the category known as Employment Based Category 3 or EB-3 but visas are backlogged by several years. Master’s Degree Holders and Exceptional Ability Aliens with a PERM approval may apply for Green cards in the category known as Employment Based Category 2 or EB-2 and visas are current. Investors of $1M ($500K in areas of high unemployment) who create 10 full time US jobs may qualify for this category, known as Employment Based Category 5 (EB-5). Becoming a Lawful Permanent Resident (LPR) has potential tax consequences and requires ties with the US to be maintained. After 5 years of LPR status and paying US taxes, an application for naturalization may be made.
“Some non-immigrant visas, such as the L-1 and H-1B, are ‘dual intent’ visas, which allow the holder to hope or desire to one day become a green card holder.” Immigration Reform The Senate bill that passed in June 2013 includes a new category of Green card for founders of businesses who have created at least 5 jobs, and who reach specific targets for investment and/or revenue. These targets are slightly less for individuals who are STEM (science, technology, engineering and maths) graduates or PhD holders. While the debate continues in Washington, any version of immigration
reform that passes into law is likely to be good news for Green cards, with reduced backlogs and new categories. Ireland Law Office, Gragara, Jenkinstown, Co. Kilkenny. Tel: 056 7767 994 New York: 233 Broadway, Suite 2208, New York, NY 10279. Tel: (212) 965 -1148. www.obrienandassociates.com
O’Brien & Associates O’Brien & Associates is an energetic US business immigration law firm providing dedicated service to corporate clients, executives and professionals. Established in New York City in the late 90’s, the firm opened an office in Ireland in 2004 to better serve an expanding Irish client base, particularly in the technology sector. Our client testimonials speak for themselves. For further information please visit our website, www. obrienandassociates.com or contact us to discuss your US visa options.
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