Sponsoring an Employee for a Green Card

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. This article would discuss more on this aspect.

The first thing that comes to many prospective employers' minds would be, “How do I sponsor an employee green card?” Much would depend on the the immigration proces which in this case is a multi layered one.

The first step in sponsoring an employee for a green card is to check if the employee is eligible for permanent residency in the United States. Most category of employment would require a Labor Certification from the Department of Labor.

As a first step in sponsoring an employee green card is that the employer should file Form I -140
(Petition for Alien Worker) with the USCIS which should be approved by them. Then the employee has to be provided an immigrant visa number by the State Department. This is mandatory even if the employee is already in the United States.

On providing the visa number and if the applicant is already in the United Staes, he/she has to file Form I 485 to adjust their status to permanent residency. The applicant, if outside the United States when the visa number is made available will have to go the local consular office to complete the immigrant application process.

An employer may file for his employee (who is within or outside the United States) if he/she falls under any of these categories:

EB-1 Priority workers

EB-2 Professionals who possess advanced degrees or persons with exceptional ability

EB-3 Skilled or professional workers

EB-4 Special Immigrants

What does the petition do for an employee?

From the employer's perspective, you will establish an intent to hire the employee when you file the petition. This gives the employee an opportunity to apply for an immigrant visa status as soon as the visa number is made available.

As an employer it is prudent to file the petition as soon as the employee's eligibility is verified as this will 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.

The wait period would generally depend on where in line the application is. If the priority date has reached the head of the line, the employee would be invited by the USCIS to apply for the visa. If the employee is already in the United States legally and has met all the citizenship eligibility requirement he/she can file for the adjustment of status if the visa number is currently available.

The employer cannot file for an employee's spouse or children. However when the employee is invited to apply for a visa, his spouse or children can apply for the immigration visa or to adjust the status at the same time.

After the application is mailed to the USCIS it will be taken up for initial processing. USCIS will then mail a receipt notice that is proof that the petition has been received. It is advisable that all the details are provided correctly. If for any reasons the application is incomplete, not signed or has the incorrect fees, the application would be rejected.

USCIS will inform its decision in writing. If the petition has been approved it would imply that the employee's eligibility for the visa classification has been approved.