Permanent Resident Status

The firm routinely assists in obtaining permanent resident (green card) status for the foreign national employees of its corporate clients, as well as for individuals. There are several different ways, based on employment, investment, family relationship or refugee/political asylum status, that foreign nationals may obtain permanent resident status, and Mintz Levin has extensive experience in the steps and agencies involved in each different alternative. Our representation includes preparing all necessary paperwork, preparing clients for their interviews with the INS or consulate abroad, accompanying clients, if appropriate, to INS interviews, and serving generally as liaison between our clients and the INS and/or Department of Labor (DOL) and Department of State. The firm maintains excellent working relationships with representatives of all government agencies involved in the process and can advise clients on which approach is best for them.

Permanent Residence through Extraordinary Ability Category 

An individual may apply for a green card in this category with or without a sponsoring employer as long as the foreign national can prove he or she has risen to the very top percentage of his or her field of endeavor (broad fields include arts, athletics, business, science, or education). In order to succeed, the foreign national must present evidence that he or she has reached the very top of his or her field in the form of awards, publications, letters of support documenting original contributions to the field or achievements, media articles about the foreign national, and several others. Mintz Levin has helped many top musicians, artists, scientists, entrepreneurs and business executives develop and present extraordinary cases to the INS in this category.

Permanent Residence through Multinational Manager or Executive Category 

An employer may apply for a green card in this category on behalf of an employee who served for at least one year as a manager or executive in a foreign office of the employer. The employer must also demonstrate that the employee is or will be filling a managerial or executive role in the United States office. Most employees who are in the United States in L-1A status would qualify for this type of green card.

Permanent Residence through Outstanding Professor/Researcher Category

An employer may sponsor a foreign national for a green card if it can prove that he or she has an outstanding background in an academic field. The employer must provide evidence that the professor or researcher is recognized internationally as outstanding in a number of categories such as awards, publications, letters of support documenting original contributions to the field or achievements, media articles about the foreign national, and several others. Mintz Levin routinely assists our clients (including hospitals, universities, biotechnology and pharmaceutical companies and engineering firms) to file successful petitions in this category, avoiding the labor certification requirement.

Permanent Residence through a National Interest Waiver Category

A foreign national may apply for a green card in this category with or without a sponsoring employer as long as he or she can prove: 1) his or her work and prospective accomplishments are in the national interest of the United States and the work will benefit the United States as a whole; 2) he or she has an outstanding background, and 3) requiring labor certification would not be in the national interest.

Permanent Residence through Labor Certification

An employer may obtain a green card for an employee where it can prove that no American or permanent resident is willing, able, or qualified to perform the duties of the position.  An employer must prove that it has placed advertisements in newspapers or professional journals, and Internet postings to which no qualified American or permanent resident responded.  While seemingly difficult in the current market, Mintz Levin attorneys and specialists continue to assist employers and employees to navigate through DOL and INS regulations to obtain permanent residence in this area.