How Do I Sponsor An Employee For U.S. Green Card Status (also known as Permanent Residency)?
A foreign national authorized to live and work permanently in the United States is known as an immigrant. There are various ways through which a foreign national can become an immigrant. One of them is when an employer sponsors an alien for immigration to the United States.
Immigration based on employment involves a multi-step process:
Determination by employer and employee whether the employee is eligible for permanent residency in the United States.
Obtaining Labor Certification from the Department of Labor (DOL). Most categories of employment require this certification.
Employer has to file Form I-140, Petition for Alien Worker and USCIS has to approve this petition.
The applicant (employee) has to be provided an immigrant visa number by the State Department. This is necessary even if the applicant is already in the United States.
When the visa number has been provided, the applicant, if he/she is already in the United States, has to file I-485, Application to Register Permanent Residence or Adjust Status to adjust his/her status to permanent resident. The applicant has to go to his/her local consular office to complete the procedure, if he/she is outside the United States when the visa number becomes available,
Elgibility categories for aGreen Cardsa based on employment:
You, as an employer, may file for an employee (who is within or outside of the United States) if he/she falls under on of these four categories:
- EB-1 Priority workers
Persons of extraordinary ability in the sciences, arts, education, business or athletics
Persons that are outstanding professors or researchers
Persons that are managers and executives subject to international transfer to the United States
- EB-2 Professionals with advanced degrees or persons with exceptional ability
Persons of exceptional ability in the sciences, arts or business
Persons that are advanced degree professionals
Qualified foreign national physicians who will practice medicine in an area of the U.S. which is underserved.
- EB-3 Skilled or professional workers
Professionals with bachelor's degrees (not qualifying for a higher preference category)
Skilled workers (minimum two years training and experience)
Unskilled workers
- EB-4 Special Immigrants
Religious workers
Employees and former employees of the U.S. Government abroad
What does the petition do for my employee?
You establish the employee's eligibility and your intent to hire the employee when you file the petition. This gives the employee an opportunity to apply for immigrant status as soon as a visa number becomes available. It is important that once you have verified the employee's eligibility, you file the petition at the earliest because this will ensure that they are able to move ahead in the line for an immigrant visa which is issued based on what is called the apriority datea. The priority date is based on the date on which the employer filed the petition with the Department of Labor, or, in cases where a DOL certification is not necessary, the date on which the petition was filed with the USCIS.
Petitioning for a foreign national employee:
Determine if the employee falls under one of the four eligibility categories. For more information on the eligibility categories, please visit www.immigrationdirect.com
Where required, obtain Labor Certification from the Department of Labor (DOL). File form I-140, Petition for Alien Worker with the USCIS at the regional center that serves your area.
If your employee falls under the EB-4 special workers category, you will have to file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant at the USCIS service center that serves your area.
After I file, how long will it take before the foreign national can immigrate?
The wait period depends on the eligibility category and on how far ahead in line the application is. If the priority date of your employee's petition reaches the head of the line, your employee will be invited by the Department of State to apply for a visa. If the applicant is already in the United States, had entered the United States legally and meets other eligibility requirements, he/she may be able to file Form I-485, Application to Register Permanent Residence or Adjust Status if a visa number is currently available.
What about the foreign national's family?
As an employer, you cannot file for an employee's spouse and children. However, when the employee has been invited by the Department of State to apply for a visa, his spouse and children can apply for immigration visas or to adjust status at the same time.
After sending the application:
After you mail your petition to the USCIS they will take it up for initial processing. They will then send you an Application Receipt Notice to let you know your petition has been received. They may also ask for further information. If your application is incomplete, not signed or the incorrect fees was sent, then there are chances for the application to get rejected. Else, the procss will be delayed. Hence it is advised that you ensure that you have provided all the necessary information, signed the form, enclosed the correct fees and all the necessary supporting documents.
Decision on the petition:
When a decision on the petition has been made, the USCIS will let you know the decision in writing. If a petition has been approved, it means that the employee's eligibility for the requested classification has been established. It does not grant permanent residence or the authority to work. The applicant will be given instructions on how he/she can apply for an immigrant visa or to adjust status.
