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How to get an Employer Sponsored Green Card

Employer Sponsored Green Card



TABLE OF CONTENTS

1. What is an Employer Sponsor Green Card?

2. What are the benefits of an employer-sponsored green card?

3. What is the process of getting an employer sponsored green card?

  • Labor certification
  • Immigration Petition.
4. What are the requirements to get an Employer Sponsor Green Card?

  • Employer requirements
  • Employee requirements

5. What documents are required to get an Employer Sponsor Green Card?


Employer or Company Sponsored Green Card Timeline

As a working professional, you can qualify for a green card by receiving a job offer from an employer in the United States. This can be one of the best ways to get your green card. The process is straightforward and can be done quickly. Also, unlike other immigration categories, which initially offer 2-year conditional green card status, once you are approved for an employer-sponsored green card, you are eligible to receive a full 10-year green card.

  1. What is an Employer Sponsor Green Card?
  2. What are the benefits of an employer-sponsored green card?
  3. What is the process of getting an employer sponsored green card?
  4. What are the requirements to get an Employer Sponsor Green Card?
  5. What is the processing time to get an employer sponsored green card?
  6. What documents are required to get an Employer Sponsor Green Card?

1. What is an Employer Sponsor Green Card?

There are several ways for a foreign national to become a permanent resident (green card holder) in the United States. For some options you need to invest in a US business. Some options are available if you have a family member who is a U.S. citizen or if you marry a U.S. citizen. Other options are available to people who have a U.S. company that is willing to sponsor their green card through a job offer, called an employer-sponsored green card.

To get an employer-sponsored green card, a U.S. company (your employer) will file various immigration forms on your behalf with the United States Citizenship and Immigration Services (USCIS). Your employer is considered the applicant (the party who submits the immigration petition to USCIS) and you are the beneficiary (the party who receives direct immigration benefits).

Based on the steps your employer takes on your behalf, they are considered your sponsors.


2. What are the benefits of an employer-sponsored green card?

  • Ability to live and work in the United States.
  • Your SPOUSE and unmarried children under the age of 21 are also eligible for their green cards (as your dependents).
  • Direct route to a 10-year green card (no 2-year "conditional" green card).
  • EB1A has lower standards for approval than "extraordinary powers" and national interest waiver standards.
  • No investment required.
  • Eligible for US citizenship after 5 years.

3. What is the process of getting an employer sponsored green card?

Getting an employer-sponsored green card is a 3-step process. First, your employer must obtain an approved labor certification from the United States Department of Labor (DOL). Second, your employer must file an immigration petition on your behalf (Form I-140). Third, you must either adjust your status (Form I-485) or apply for your immigrant visa (Form DS-260). 


Let us now discuss each of these steps in more detail.


  • Labor certification

The first step in getting a green card through employer sponsorship is to get a certified labor certificate from the United States Department of Labor (DOL) for your employer. This process is also referred to as PERM.

Immigration law seeks to protect the interests, wages, and working conditions of the U.S. workforce. Therefore, before you can immigrate to the United States, DOL must certify that there is a shortage of qualified staff. 

For this process, your employer must examine the U.S. labor market to see if there are any qualified U.S. employees to fill the position they are offering you.

Your employer must make an honest effort to hire a qualified U.S. employee by advertising available job opportunities and considering the qualifications of all U.S. applicants.

Your employer must file a form ETA 9141 to determine a conventional wage from the National Conventional Wage Center.

Your employer must file an application for a permanent labor certificate with the Department of Labor (ETA Form 9089).


  • Immigration Petition

Once your employer has applied for an authorized work certificate, you can proceed to the next step in the process, which is to file an immigrant visa application with the United States Citizenship and Immigration Services (USCIS).

Employer-sponsored green cards fall under 2 Visa categories: EB-2 and EB-3. The appropriate category will depend on the work requirements and the personal credentials of the beneficiary.


EB-2: This section is generally suitable if an advanced degree is required for the position. An advanced degree is a U.S. degree (or foreign equivalent) that is higher than a bachelor's degree.

EB-3: This category is generally suitable if the position requires a professional, skilled worker or unskilled worker. A "professional" usually holds at least a US bachelor's degree or a foreign equivalent. A "skilled worker" is someone who is able to perform skilled labor (labor requires at least 2 years of experience or training).

The immigration petition (Form I-140) is filed by your employer. The form is sent to USCIS with all supporting documentation.


4. What are the requirements to get an Employer Sponsor Green Card?

  • Employer requirements

1.  United States employer.
  • Your employer must be based in the United States.
  • The proposed location must be based in the United States.


2. Permanent full-time terms

  • The proposed position must be a permanent, full-time position.
  • Full-time means at least 35 hours per week.

3. Real job opportunities

  • The position that is being offered must be considered as a real job opportunity.
  • Regarding this requirement, DOL seeks to determine if the job opportunity is an actual position that the employer is seeking to fill (rather than a means of obtaining immigration benefits for a foreign national).

4. Employer certification

On the application for a labor certificate, the employer is required to submit a number of certificates under the penalty of perjury.
These certifications include some of the following:

  • That position is for a full-time permanent job;
  • Job opportunities do not involve illegal discrimination;
  • The location is open to any U.S. employee;
  • The employer will pay the foreign national "existing wages" for the position;
  • That the employer has sufficient funds to pay the existing wages to the foreign national; Etc.

5. Efforts to recruit good faith

  • To hire a qualified U.S. employee, the employer must make an honest-to-goodness effort
  • These recruitment efforts include some of the following:
  1. Open a work order with the appropriate state workforce agency (SWA) for a 30-day period;
  2. Publish 2 Sunday print advertisements in general circulation newspapers.

6. Job requirements

Job requirements cannot be made according to the qualifications of the foreign national.
Job requirements must represent traditional themes for the profession.


7. Conventional wages

  • The general idea of ​​conventional wage requirements is that U.S. immigration laws are designed to protect the interests, wages, and working conditions of U.S. workers. Therefore, the current wage requirement was designed to prevent U.S. employers from paying foreign workers that would receive pay for similarly qualified U.S. worker positions.
  • The employer must file a form ETA 9141 to determine a conventional wage for the National Prevailing Wage Center (NPWC).


8. Ability to pay existing wages

In addition to determining existing wages and receiving offers to pay existing wages, employers must prove their ability to pay existing wages.


  • Employee requirements

1. Qualification for the job

  • To qualify for an employer-sponsored green card, the beneficiary must meet the educational and experience requirements of the EB-2 Visa Division or the EB-3 Visa Division.
  • The beneficiary must meet the requirements for the proposed position.
  • EB-2 Visa Category: Generally requires an advanced degree.
  • EB-3 Visa Category: Generally required 1) a US bachelor's degree; 2) At least 2 years experience or training in the field, or 3) Less than 2 years experience or training in the field.


2. Can't be unacceptable

To get your green card through employer sponsorship, you cannot be unacceptable for immigration to the United States. There are 10 reasons why one might be unacceptable (based on health-related issues, criminal convictions, etc.). You cannot be unacceptable for any of these reasons.


3. Employers must have good-faith intentions in order to work

Although you do not need a minimum period of time to work for your sponsoring employer, you must maintain an honest-to-goodness intention to work for your employer after your green card is issued.


4. How long does it take to process an employer-sponsored green card?

As discussed throughout this guide, there are 3 main steps to getting an employer sponsored green card. Here is a breakdown of each of the 3 main stages, including the relevant processing time:

  • Approval of labor certificate application
  • Immigration Petition
  • Adjustment of status or immigrant visa processing.

Approval of labor certificate application

  • Once ETA Form 9089 is filed with the Department of Labor, it will take approximately 2 to 3 months to process.
  • If the Department of Labor monitors the application, the processing time can be extended to about 7 months.

Immigrant Petition:

  • Immigrant petition, which the employer files with USCIS (Form I-140),
  • It takes about 5 to 8 months to process.


Premium processing:

If a request for additional proof (RFE) is issued, this process can be extended for another 3 to 6 months.

Status or adjustment for immigrant visa processing:

  • Condition adjustment: 6 to 8 months
  • Immigrant visa processing: 5 to 7 months.

5. What documents are required to get an Employer Sponsor Green Card?

Here is a general list of some of the documents required throughout the employer-sponsored green card process:

  • Beneficiary's CV or CV
  • Beneficiary's diploma, degree and transcript
  • Beneficiary's work experience letter
  • Beneficiary's birth certificate
  • Copy of biography page of beneficiary's passport
  • Beneficiary's marriage certificate
  • U.S. employer tax returns
  • Copies of published newspaper advertisements
  • Job description for US location.

As a foreign national, there are multiple ways for you to obtain a US Green Card. Of these, one of the best options is an employer-sponsored green card. For the right candidate, the process can be straightforward and relatively quick.

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