What Are The Steps For Getting an Employer-Sponsored Green Card?
One legal way to enter the United States is to obtain an employer-sponsored green card.
This route ensures the immigrant has a sponsor, but there are many steps to make the green card a reality for the immigrant.
What Are The Steps For Getting an Employer-Sponsored Green Card?
For a business to sponsor a foreign worker for a green card, the company must take three critical initial steps.
First, the employer must request a prevailing wage determination (PWD) from the U.S. Department of Labor using FLAG, an online system. The PWD will notify the employer what a worker in a similar role is customarily paid. The employer must offer the prospective green-card holder 100% or more of the prevailing wage.
Next, the company needs to recruit for the role in the United States. The Department of Labor (DOL) lays out strict rules to define “good faith recruiting.” The employer must post a job notice on their website, announce the job in a statewide computer databank, and run an ad in newspapers or other journals of general circulation. Those ads must appear on two different Sundays.
Finally, after the recruitment process concludes, if the employer has not found a willing, able, and qualified U.S. candidate, the company may submit a PERM labor certification application to the DOL. The DOL will then decide within 45 to 60 days, but don’t be too surprised if it takes up to a year.
After the DOL approves the PERM labor certification, the employer must file a visa petition on USCIS Form I-140. After the visa petition has been approved, then the immigrant must apply for a green card, either through a procedure called adjustment of status (if the immigrant is legally in the U.S.) or consular processing (if the immigrant is overseas).
What Are The Requirements For An Employer-Sponsored Green Card?
For a foreign worker to obtain an employer-sponsored green card, the employer must show that “no U.S. worker (citizen, permanent resident, refugee, or asylee) is qualified, willing, and available to take the job.”
What Should I Do If I Want To Pursue An Employer-Sponsored Green Card?
If you’re looking to obtain an employer-sponsored green card, reach out to the attorneys at Fay Grafton & Nunez. Our experienced legal team can help guide you through the complicated steps it takes to obtain a green card.
After the employer does its part, you’ll need to file for an adjustment of status, and this process often requires great care to ensure you’re legally allowed to leave and reenter the United States.
Our Immigration Consultations cost $200 and provides you with an in-depth analysis of your immigration issue.
