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Lawful U.S. Permanent Residency

Tindall & Foster regularly provides advice and representation regarding the most efficient and feasible legal basis for qualifying prospective employees and family members for lawful permanent residency or "green card" status. Firm expertise includes:

Individual Labor Certification through Program Electronic Review Management (PERM):

Labor certification through PERM is the newly implemented legal process of demonstrating that no U.S. workers are 1) qualified, 2) willing, 3) available, and/or 4) able to perform the duties of a particular job being offered to the alien employee.  In addition, labor certification requires documentation that the alien meets all of the minimum job requirements and is able to accept the job on a full-time, indefinite basis. Tindall & Foster attorneys assist clients in every step of the recruitment, record-keeping, and filing process.

Immigrant Visa Petition Based on Labor Certification:

Upon Department of Labor approval of the PERM application for labor certification, the immigrant visa petition to the U.S. CIS qualifies the individual beneficiary for one of the employment-based preference categories.  Tindall & Foster supports clients in this step of the lawful permanent residency process by facilitating the execution of the petition and all necessary supporting documentation, providing detailed case tracking through the firm website, and with attorney representation for beneficiaries at all related interviews and hearings.

Multinational Manager or Executive Petitions For Qualifying Holders of L-1A Non-Immigrant Status: 

For our multinational corporate clients and their partners and subsidiaries, Tindall & Foster assists with petitions for exemptions from the labor certification and recruitment requirement under the " priority worker" category of the Immigration Act of 1990. These petitions allow an applicant to be transferred from a managerial or executive position outside of the United States to a managerial or executive position within the United States.  A managerial position involves the management of a recognized division or department within a company; it further involves the supervision of employees, and the ability to hire and fire or make recommendations as to the hiring and firing of staff.  In addition, a manager must exercise discretionary authority over the day-to-day operations of the area of business overseen. For qualifying clients, Tindall & Foster's services allow employers to forego the extensive recruitment and documentation requirements associated with Labor Certification.

National Interest Waiver, Outstanding Researcher, and Alien of Extraordinary Ability Petitions:

In appropriate cases, clients may pursue Lawful Permanent Resident Status on behalf of critical foreign national employees who rank among the most accomplished and valuable experts in their field.  In such cases, Tindall & Foster assists with the preparation of petitions to qualify individuals for Lawful Permanent Resident status through qualification under the "Alien of Extraordinary Ability" or "Outstanding Researcher" visa categories. Alternatively, when a beneficiary's achievements and contributions to his or her field are arguably in the national interest of the United States, Tindall & Foster assists clients with preparing successful applications for National Interest Waivers of the Labor Certification Process.  

Applications to Adjust Status to Lawful Permanent Resident ("Green Card" Application):  

An applicant for permanent residence under the employment based immigration categories may now concurrently submit his or her application to adjust status with the immigrant visa petition. In such cases, Tindall & Foster assists clients and employee beneficiaries with the collection and preparation of extensive required documentation, attorney representation at all related hearings and interviews, and detailed case tracking through the firm website.