There is a provision of immigration law that allows certain long-term international organization employees and their eligible family members to apply for special immigrant status and become permanent residents of the U.S. (get a Green Card) as long as their organization remains recognized.
You meet the specific criteria for your category (retired employee, surviving spouse, or unmarried son/daughter)
You have maintained your status as a nonimmigrant during the required residence period
You meet the physical presence requirements in the United States
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Regulatory Criteria
Recognized International Organizations
By statute (INA 101(a)(27)(L)), certain international organizations are recognized. The North Atlantic Treaty Organization (NATO) is specifically designated by statute.
Examples
North Atlantic Treaty Organization (NATO)
Organization of American States (OAS)
Inter-American Defense Board (IADB)
Inter-American Defense College (IADC)
International Monetary Fund (IMF)
World Bank
International Telecommunications Satellite Organization (INTELSAT)
International Telecommunications Satellite Organization (ITSO)
Retired Officer or Employee (or Their Spouse)
Retired officers or employees of recognized international organizations and their spouses may qualify if they meet specific residence and timing requirements.
Examples
While maintaining nonimmigrant status, resided and been physically present in the U.S. for at least 50% of the last seven years before applying
Combined period of physical residence in the U.S. of at least 15 years before retirement
Filed Form I-360 no later than six months after retirement
Surviving Spouse of Deceased Officer or Employee
Surviving spouses of deceased officers or employees of recognized international organizations may qualify if they meet specific residence and timing requirements.
Examples
While maintaining nonimmigrant status, resided and been physically present in the U.S. for at least 50% of the last seven years before applying
Combined period of physical residence in the U.S. of at least 15 years before the death of spouse
Filed Form I-360 no later than six months after spouse's death
Unmarried Son or Daughter
Unmarried sons or daughters of current or former officers or employees of recognized international organizations may qualify if they meet specific residence and age requirements.
Examples
While maintaining nonimmigrant status, resided and been physically present in the U.S. for at least 50% of the last seven years before applying
Combined period of physical residence in the U.S. of at least seven years between the ages of 5 and 21
Must apply for visa or adjustment of status no later than 25th birthday
Physical Presence Requirements
All applicants must demonstrate substantial physical presence in the United States while maintaining nonimmigrant status.
Examples
At least 50% physical presence in U.S. during last seven years before applying
15 years total residence for retired employees and surviving spouses
7 years residence between ages 5 and 21 for unmarried sons/daughters
Filing Deadlines
Certain categories have strict filing deadlines that must be met.
Examples
Retired employees: File Form I-360 within six months after retirement
Surviving spouses: File Form I-360 within six months after spouse's death
Unmarried sons/daughters: Apply before 25th birthday
Work and Travel Authorization
When you have a pending Form I-485, you may apply for authorization to work in the United States and to seek advance parole.
Examples
May apply for work authorization with pending I-485
May apply for advance parole (travel document)
Work authorization allows employment while case is pending
Advance parole allows international travel and return
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Application Process
Verify Eligibility
Confirm you meet the criteria for your category (retired employee, surviving spouse, or unmarried child).
File Form I-360
File petition within required deadline (six months after retirement/death or before 25th birthday).
USCIS Review
USCIS reviews petition and supporting evidence.
File Form I-485
If in U.S., file for adjustment of status when visa number available.
Biometrics
Attend biometrics appointment for fingerprinting.
Green Card
Receive permanent resident status upon approval.
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Key Benefits
Permanent residence (Green Card) for qualifying employees and family members
Recognition of long-term service to international organizations
Path to U.S. citizenship after 5 years
Work and travel authorization available during processing
Eligible family members may also obtain Green Cards
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Documents Needed
Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant
Form I-485, Application to Register Permanent Residence or Adjust Status
Evidence of employment with recognized international organization
Evidence of nonimmigrant status maintenance
Evidence of physical presence in the United States
Recognized organizations include NATO (by statute), Organization of American States (OAS), Inter-American Defense Board (IADB), Inter-American Defense College (IADC), International Monetary Fund (IMF), World Bank, and International Telecommunications Satellite Organization (INTELSAT/ITSO).
What are the residence requirements for retired employees?
Retired employees must have resided and been physically present in the U.S. for at least 50% of the last seven years before applying, and have a combined period of physical residence in the U.S. of at least 15 years before retirement.
What is the filing deadline for retired employees?
Retired employees must file Form I-360 no later than six months after their retirement.
What are the requirements for unmarried sons or daughters?
Unmarried sons or daughters must have resided in the U.S. for at least 50% of the last seven years, have at least seven years of physical residence between ages 5 and 21, and apply before their 25th birthday.
Can surviving spouses apply?
Yes. Surviving spouses of deceased officers or employees may apply if they meet the residence requirements and file Form I-360 within six months of their spouse's death.
Can I work while my application is pending?
Yes. When you have a pending Form I-485, you may apply for authorization to work in the United States and for advance parole (permission to travel and return).
Need help with your immigration case?
Hasan Legal PC attorneys handle USCIS petitions, family immigration, employment-based green cards, and naturalization across Washington DC, Virginia and Maryland.