The dream of getting this document, known as a green card that indicates legal permanent resident status in the United States, can act as the inspiration for foreign entrants working for the USA in other countries. After shedding light on the qualification and overview of the process of a green card, this guide is intended to explain what kind of exceptional factors can help these hard-working people obtain a green card.
Understanding the Role of Foreign Employees
The U.S. Government’s Global Workforce
A considerable number of foreign employees, in the tens of thousands, are part of the U. S. government’s overseas workforce serving in countries across the globe. Furthermore, These people assume many important positions in various contexts as in the U. S. embassies, consulates, military presence in different parts of the world, offices of organizations like Peace Corps or USAID, and many more.
These foreign employees, also known as ‘Foreign-Service Nationals’ or ‘Third Country Nationals’, that is employees who live in the host nation but are not its citizens, perform a range of non-diplomatic but very important functions. Some of the assignments they perform include protection of the embassy, translators, procurement of goods and services, and even political officers. It will be appropriate to point out that this category also encompasses other categories of local individual private contractors independent of employing a U.S. government agency.
The Special Immigrant Visa and Green Card Opportunity
Recognizing Loyalty and Exceptional Circumstances
Due to the years of service given by these employees, the federal government through the immigration offices has provided a special channel for foreign workers to seek out a green card. This opportunity is thus offered through the employment fourth-preference category.
For a foreign employee and their dependents to obtain a special immigrant visa and hence a green card, the following requirements must be met: These criteria include:
1. Faithful Service
Applicants must have actively demonstrated ‘faithful service’ for at least 15 years, which typically involves providing enduring, diligent, and creditworthy service. This criterion actively includes individuals who have experienced work difficulties, such as former divorcees or those who were fired, as long as they have shown committed service overall.
2. Recommendation from the Principal Officer
One key feature of the process that an applicant has to go through is the need to receive a recommendation from the principal officer of any U. S foreign service establishment. The term can refer to the ambassador, consul, head of an agency stationed in a foreign country, or simply an official representative of the United States in a foreign nation. This recommendation should be based on the situations considered to be ‘exceptional’ most.
This recommendation should be based on the ‘exceptional circumstance’ most.
3. Honorably Retired
When applying for pension rights, applicants must actively meet the ‘honourably retired’ criteria, which means they must have left service without dismissal or resignation under unfavourable circumstances. All former employees are actively considered ‘promising pensioners,’ and even those dismissed due to general staff reductions are regarded as ‘honorably retired.’
4. Exceptional Circumstances
They are both crucial to the determination of an applicant’s eligibility and the term “exceptional circumstances” is undeniably central to a definition of what this category of practices entails. It suggests that only a few of the well-deserving God-fearing employees who have been dedicating their services to the employer may be eligible for this SI visa. IEPA may include a situation when an able human being has risked or sacrificed his/her life or safety for the United States. For instance, a security guard who would foil a terrorist attack on a U.S. embassy, would, without doubt, satisfy this condition.
Extraordinary circumstances may arise, where the strained diplomatic relations between the United States of America and the employee’s home country put the employee in a vulnerable position, subjecting them to pressure to disclose sensitive information or even persecution.
Workers with high responsibilities, a record of consistent awards, invaluable services, or long service tenures – often exceeding 20 years – can actively make claims for exceptional conditions.
The Application Process
Navigating the Path to a Green Card
To qualify for a special immigrant visa, current or former employees of the US government abroad must register a statement of intent and also seek a recommendation from their current or former employers. Most U. S. embassies and other facilities have direct lines or some sort of filtering means during this process.
- Once your superior, such as the ambassador, agrees to provide a recommendation based on the criteria discussed earlier, they will need to furnish a detailed assessment of your performance to the Advisory Opinions Division of the State Department in Washington, D.C. Along with this assessment, you must submit official employment records and sufficient documentation that substantiates “exceptional circumstances” to justify your recommendation.
- In addition, The State Department’s approval will require you to file Form DS-1884, the ‘Petition to Classify Special Immigrant under INA 203(b)(4) as an Employee or Former Employee of the U.S. Government Abroad,’ with your local consulate.
- Notably, this petition incurs no fee and should be granted with relative ease at this stage. However, it is imperative to be prepared to initiate the immigrant visa application process promptly. Typically, the petition’s validity extends for only six months, although extensions may be obtainable in cases of unforeseen delays.
- The subsequent phase involves applying for immigrant visas for yourself and your family members. Successful issuance of these visas is contingent on the absence of any disqualifying factors (grounds of inadmissibility). Once acquired, these visas serve as travel documents for one year.
Family Member Eligibility
1. Immediate Family Members
Foreign employees who obtain an employment-based Green Card can bring their immediate family members with them. Immediate family members include:
- Spouses
- Unmarried children under the age of 21
These family members can apply for derivative permanent residency based on the principal applicant’s Green Card application. However, it’s important to note that these visas count against the annual numerical cap for employment-based visas, which may affect availability34.
2. Family-Based Sponsorship
In addition to derivative applications, family members may also qualify for a Green Card through family-based sponsorship if they have a U.S. citizen or lawful permanent resident relative. The categories include:
U.S. Citizens can sponsor:
- Their spouse
- Unmarried children under 21
- Parents
- Married children
- Siblings (if the citizen is over 21)
Lawful Permanent Residents can sponsor:
- Their spouse
- Children under 21
- Unmarried children over 21
The process for family-based sponsorship involves filing a petition with U.S. Citizenship and Immigration Services (USCIS) and may require waiting periods depending on the preference category and country of origin.
3. Special Considerations for Employment-Based Green Cards
For foreign employees seeking to bring family members through employment-based Green Cards, the employer must identify the sponsored family member in the labour certification process (PERM application). This also includes demonstrating that there are no qualified U.S. workers available for the position being offered, which is essential for the legitimacy of the application.
While the journey toward obtaining a U.S. green card as a foreign employee of the U.S. government stationed abroad is intricate, the potential rewards are invaluable. This pathway acknowledges the dedication and contributions of these individuals, offering them a chance at lawful permanent residence in the United States.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your U.S. Green Card application straightforward and successful. Whether you’re applying for an H-1B Visa or a TN Visa, we handle every step—from preparing your application to gathering the required documents.
Our Immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process and coordinate with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need to visit the United States. Call us today at +234 812 5505 986 to learn how we can assist you.
