Law Offices of Cowan & Miller

Permanent residence routes outlined on this page include: Family Based, Labor Certification, Managers and Executives, Outstanding Researchers, Extraordinary Ability, and National Interest Waiver.

The “green card” process in the United States is more formally called “Permanent Residence” processing. There are many different routes to U.S. Permanent Residence and the final processing can either be completed at a U.S. consulate abroad (“Consular Processing”) or from within the United States (“Adjustment of Status”).

The complex and evolutionary nature of U.S. immigration law dictates that an individual’s “green card” needs are best served through representation by legal counsel thoroughly familiar with the intricacies of immigration and naturalization laws. Cowan Miller & Lederman focuses on providing the best solution to your long-term immigration needs based upon a comprehensive review of your immigration options and personal requirements. Quality immigration legal services may save substantial time and inconvenience as well as prevent actions that could negatively impact your immigration future.

Eligibility for permanent residence is typically based upon an immediate relationship to a U.S. citizen or permanent resident, employment in the United States, or investment in the United States. Employment-based categories include those for Persons of Extraordinary Ability, Outstanding Researchers, Multinational Executives and Managers, Aliens of Exceptional Ability and skilled workers or professionals filling positions that cannot be readily filled by a qualified U.S. worker. These categories are briefly outlined on this page. For further details about any of these categories, or an analysis of which category might work for your situation, please contact one of the attorneys at Cowan Miller & Lederman. The information contained in this site should not be viewed as legal advice and should not be relied upon without specific legal counsel being sought.

Family Based

Depending upon the family relationship, the country of origin and the current backlogs for immigrant visas, the amount of time it takes to obtain permanent residence based upon a relative petition varies dramatically. Sponsors of family-based petitions must establish that they exceed Poverty Income Guidelines, determined by the Department of Health and Human Services.

Immediate relatives, including spouses, children (under 21 and unmarried) and parents (of U.S. citizens over 21), are immediately eligible for permanent resident status which includes unlimited U.S. employment authorization. There is no waiting period for this category and an Immigrant Visa can be filed simultaneously with an Application for Adjustment of Status.

Other relatives, including children (over 21 or married) and siblings of U.S. citizens, and spouses and unmarried children of permanent residents, are also eligible to apply for an Immigrant Visa. The time required to obtain one of these visas may be substantial and is dependent upon the family relationship and the country of origin. For current family visa priority dates, view the Visa Bulletin on the U.S. State Department website.

Labor Certification

This is the most commonly utilized process for employment-based permanent residence. Skilled workers and professionals may be eligible for employment-based permanent resident status if the employer first obtains labor certification illustrating that no qualified U.S. worker can be found to fill the position. This process requires documentation of the position’s requirements, the foreign national’s qualifications, and an appropriate recruitment effort for the position. The application is initially advertised with the state Employment Security Department and must ultimately be certified by the U.S. Department of Labor. There is a nation-wide electonic system for filing Labor Certification known as "PERM."

Managers and Executives

This category is available to executive or managers who have worked in a qualifying position for an affiliated company abroad for at least one year out of the past three years. Further, it requires an offer of long term employment with the U.S. company in a qualifying position. Evidence of the corporate relationships and the individual’s positions must be documented. This category is exempt from Labor Certification.

Outstanding Researchers

Outstanding Professors or Researchers who are recognized internationally as outstanding in a specific academic area may be immediately eligible to apply for an immigrant visa. These individuals must document at least three years of experience in teaching or research in the academic area, an offer of qualified employment, and evidence of their international recognition including documentation of awards, authorship of scholarly articles, or evidence of original scientific research. In certain cases, the National Interest Waiver or Extraordinary Ability categories may be more appropriate. This category is exempt from Labor Certification.

Extraordinary Ability

Persons with Extraordinary Ability in the sciences, arts, education, business or athletics who have received national or international acclaim and whose achievements have been recognized in the field through extensive documentation may be immediately eligible for this visa category. These individuals must document that their work will benefit prospectively the United States and that they meet specific criteria which might include receipt of awards, academic or professional publications, or original contributions of major significance to their field. This category does not require a specific employer, however the individual must demonstrate an intent to continue working in the area of extraordinary ability. This category is exempt from Labor Certification.

National Interest Waiver

This category is for individuals whose exceptional ability in the sciences, art or business may substantially benefit the national economy, cultural or educational interests, or welfare of the United States and whose services are sought by an employer in the United States. The position must require an individual with an advanced degree and the person must possess an advanced degree; however the category is designed for individuals whose expertise is significantly above that ordinarily encountered. The benefit of this category is that, in the national interest, the requirement of labor certification is waived.