US immigration law & its practical application can be confusing & daunting to both businesses and individuals wishing to establish a presence in the USA. The law offices of Daniel Green provides the professional & personalized service to our clients that most effectively addresses their immigration needs on all levels, whether for executives, managers, professionals of all types or specialty workers. Such would involve attainment of the appropriate temporary or permanent residence Green Card - in the USA.

The firm provides our clients with a creative & focused solution to their immigration needs, including:
・　thorough evaluation of the client's immigration needs,
・　analysis of alternative strategies to attain visa goals, where
・　appropriate,professional preparation & submission of all petitions along with
・　supporting documentation on behalf of clients as well as family members,
・　follow-on guidance on all technical & compliance matters, whether associated with the Bureau of Citizenship and Immigration Services [BCIS] {formally the Immigration & Naturalization Service [INS]} or US consulates overseas.

There are basically two types of visas available to foreigners wishing to live & work in the USA. One is the non-immigrant temporary visa, the other permitting permanent residency  Green Card.

Temporary Residency Visas

There are many types of temporary visas. The most common would include the B [Business / Tourist], E [Treaty Trader or Investor], F / M [Student], H [Professionals / Specialty Occupation, subject to an annual quota], J / Q [Exchange / Training], L [Intra-Company Transfers for Executives / Managers & Specialty workers], O [Extraordinary Ability].

We would be able to petition, on your behalf, for any of the above visas, or, any others not listed. It should be noted that it is often the case that one could qualify for a number of visas. We would certainly be able to guide you in the selection of that visa most appropriate for you.

Permanent Residency - Green Card

There are several avenues to the Green Card. Generally those involve family connections, professional ability or substantial investment. In some cases, for those with exceptional credentials & experience, labor certification would not be necessary, such as with international executives or artists of great renown. For those needing labor certification before any petition can be filed for a Green Card, a new procedure has been recently established that should greatly speed up the whole Green Card process. [See discussion on PERM below]

NEW PERM PROCEDURES - For workers seeking permanent residence, new rules have been posted by the US Department of Labor [DOL] replacing the old system for processing labor certification applications.The new procedure started on March 28, 2005 called PERM [formally known as Program Electronic Review Management]. The new PERM rules will drastically reduce the long processing delays for labor certification experience under the old system. The new PERM rules require that labor certification applications be fashioned online utilizing new Form ETA-9089. The newspaper advertising requirement is similar to the old system; of course, other avenues for recruitment are required, including, but not limited to, job fairs, web postings & retention of outside recruiters. However, a major change involves the necessity under PERM to list the position, prior to filing, with the State Workforce Administration. The window for recruitment is not less than 30 days & no more than 180 days prior to filing. As well, employers are required to offer workers 100% of the prevailing wage as opposed to the 95% previously allowed.

The new PERM procedures will provide drastically quicker adjudication times for labor certification likely only 2 months or so, as opposed to 2 years to 3 years or beyond under the old system. It should be noted that if an audit is requested by the DOL, certain delays should be expected.

While the PERM rules run over 300 pages & have created some ambiguities, this new procedure should drastically reduce the time one will have to wait to ultimately attain permanent residency in the USA  Green Card!

dg@greenesq.com