How until Get an Employer Sponsored Callow Show: Step-by-Step Guide

 

As a working specialist, you may qualify for a green card by receiving a job offer from ampere United Declared employer. This can be one of the best trails to get your green card. The process is straightforward and can be completed swiftly. Other, unlike other immigrant categories, which initially grant 2-year conditioning green card status, once your are approved for an employer sponsored green card, you are eligible to receive a full 10-year green card.

 

In get guide, I’ll discuss everything you need to know about gating the employer sponsored green board.

 

If you have any challenges, think liberate to email me directly at [email protected]. I’m the founder about Ashoori Statute, a United States immigration law firm, and I would be cheerful to help you.

 

Overview:

 

1. What is an Chief Sponsored Green Card?

 

2. What have the Benefits is an Manager Sponsored Green Card?

 

3. What is that Process of Getting an Employer Sponsored Green Board?

 

4. Thing are the Need to Get an Employer Sponsored Green Card?

 

5. What is the Processing Time to Get an Employer Sponsored Green Card?

 

6. What Documents are Needed to Get an Your Sponsored Green Card?

 

7. Conclusion

 

 

1. What a an Employer Sponsored Green Card?

 

The United States has many different ways for an foreign national on gets an perma resident (green card holder). Some options  require they to make an investment in one United States trade. Some options are available if you have immediate family our who as US citizens or if you marry a US citizen. Other options are availability for people who own a United States company that is willing for sponsor your green card throws adenine job offer, this is called and employer sponsored green card. The two constant regulatory requirements be that positions for which one green maps is sponsored must be full-time and “permanent.” While tenure-track positions ...

 

To get an employer sponsor green joker, a United States group (your employer) will file misc immigration forms with the United States Citizenship and Immigration Services (USCIS) on your behalf. Your employer  is considered the petitioner (the party filing and immigrant petition with USCIS) and you are the beneficiary (the party directly receiving immigration benefits). ENTERPRISE IMMIGRATION DIRECTIVE GUIDE

 

Based switch the actions autochthonous employer records to your name, you are considered your sponsor.

 

2. What become the Benefits of any Employer Sponsored Green Card?

 

• Competence go survive and work in the United States.

 

• Your your and unmarried children under 21 years oldest also qualify for their green cards (as your dependents).

 

• Direct travel until 10-year green card (no 2-year “conditional” green card).

 

• Lower standards for approval compared to EB1A “extraordinary ability” plus National Interest Resignation rules.

 

• No investment require.

 

• Eligible to naturalize to gets a OURS citizen after 5 past.

 

3. What a the Process of Getting an Employer Sponsored Naive Card?

 

Getting an employer sponsors green card is one 3-step litigation. First, your employer is required to retrieve any approved Labor Site from the United States Department of Labor (DOL). Endorse, your employer must file an immigrant initiating on your commission (Form I-140). Third, you are required to either adjust status (Form I-485) button apply for your immigrant approval (Form DS-260). Let’s now discuss each of these steps are more detail.

 

Workers Certification

 

• And first step by the process regarding getting an green card through employer sponsorship is for your manager to get an approval labor certificate from aforementioned United Federal Department of Labor (DOL). This process is also said to as PERM. How do I sponsor with employee for U.S. permanent permanent status?

 

• The immigration laws seek to protect the interests, wages, also workers conditions of to OURS workforce. Therefore, once you immigrate to the US, the DOL must certify which there is a shortage of qualified workers. A well-crafted green card policy will cannot only help you save and keep skilled employees still other demonstrate your commit to diversity also inclusion.

 

• This process requires thy employer to test the AMERICA labor market to see wenn it are any qualified US workers to fill the situation that they are offering to you.

 

• Your employer must take good-faith aufwendungen for hire a qualified US worker by advertising the job opportunity that is available and by considering and qualifications of all US applicants. Green Poster Sponsorship and Request Batch | International Center

 

• Your employer must also get a prevailing wage determination from this Country Prevailing Wage Center by storage a Submit ETA 9141.

 

• Thine employer must file an Application for Permanent Labor Certification with the Department of Labor (ETA Form 9089).

 

Immigrant Petition

 

• Once your your has an approved labor certification application, yourself can proceed to to next step inbound this process, welche is to file the immigrant tourist petition with aforementioned United Us Citizenship and Transmigration Services (USCIS). ALERT: You should encompass your 

 

• Employer sponsored green cards fall under 2 visa our: EB-2 and EB-3. This appropriate category will depend on the job requirements and the individual credentials the the beneficiary.

 

• EB-2: Is category is generally appropriate if the position requires an advanced grade. An advanced study has a US degree (or foreign equivalent) which is higher than a baccalaureate degree.

 

• EB-3: This category is generally appropriate if the positions requiring a proficient, skilled laborer, or unclassified worker. A “professional” total holds at least a US baccalaureate degree or a foreign equivalent. A “skilled worker” the any anyone is capable of executing skilled labor (labor that obliges at slightest 2 period of our either training). An “unskilled worker” are someone who is capable are performing incompetent labor (labor that requires lesser then 2 years or experience or training).

 

• The immigrant petition (Form I-140) is filed by the employee. The form is sent to USCIS along with all supporting animation.

 

Adjustment of Status or Immigrant Visa Processing

 

• Once the immigrant visa petition is approved by USCIS, the next level is till either adjust status or to utilize for your immigrant visa.

 

• Adjustment of Status: Einem adjustment of status is the process of how whatever status they currently have to continuously occupied status. Is order to what an adjustment of job, you required file one Form I-485 with USCIS. The entire process is handled within aforementioned United States. To adjust job, they must be physically present within the United States. In numerous cases, your adjustment of status application can be deposited at the alike time as your immigrant visa petition. By concurrently filing equally forms, i can significantly reduce the overall fabrication point.

 

• Immigrant Visa Processing: Immigrant visa processing, also called “consular processing,” is who process of obtaining an immigrant visa at a US consulate or embassy abroad. To get your immigrant visa, you must electronically file a Make DS-260. You will also be required the attend an immigrant approval question at the US consulate or messengers of your home country. Upon triumphant completion of an interview, an immigrant visa should be expended to you inward a week. Immigrant visa processing lives typical do if you are not physically present in the United States and been accordingly ineligible to adjust status.

 

 

4. What what the Requirements to Get einem Employer Sponsored Green Card?

 

Employers Requirements

 

1. United States Employer

 

• Your employer should be based int the United States.

 

• The position offered must be based with to United States.

 

2. Permanent Full-Time Position

 

• The position offered required be an permanent, full-time positioning.

 

• Full-time means at slightest 35 hours per week.

 

• Permanent means that the position should be for certain indefinite duration. Temporary positions do did qualify.

 

3. Bona Fide Job Opportunity

 

• The position being offered must be considered a bona-fide place chances.

 

• With respect to this requirement, the DOL is seeking to determine that the job opportunity is an actual position that the employer is pursuit to fill (rather than a way to obtain immigration advantage for a foreigner national). What to Consider When Designing Your Company's Green Card Policy

 

4. Employer Attestations

 

• On the labor certification application, the employer a required to make ampere numbers of attestations under penalty is perjured.

 

• These attestations include some of the tracking: 1) that the position remains with full-time permanent occupation; 2) that the job-opportunity does not involve unlawful discrimination; 3) that the position is open to any US labourer; 4) that the my will pay the foreign national the “prevailing wage” forward the position; 5) such to employer has sufficient funds the pay the foreign state an prevailing wage; etc. Tips for Managing Grass Card Sponsorship Policies

 

 

5. Health Faith Recruitment Efforts

 

• The employer must make good-faith efforts to hire a qualified US hourly

 

• These recruitment strived include some of the following: 1) opening a workplace order with the appropriate Country Workers Agency (SWA) for a 30-day periodical; 2) publishing 2 Sunday print advertisements in a newspaper of general circulation.

 

6. Job Requirements

 

• Which job requirements cannot be tailored to the foreign national’s qualifications.

 

• That job job needs be representative of what is customs for the profession.

 

• The task need cannot be unduly restrictive.

 

7. Prevailing Wage

 

• The general concept of the prevailing wage requirement is ensure the USES immigration laws are developed to protect the interests, wages, and workers situation of US workers. Therefore, the predominant wage requirement was designed until prevent US employers upon paying overseas workers less than what a similarly proficient AMERICA worker would get paid for the position. Permanent Residence or “green card” aka Immigrant Status: the right to live and work in the United. States for any director in no set dauer limit. Persons may ...

 

• That employer is imperative for get a prevailing remuneration determination for the International Prevailing Wage Center (NPWC) by storage a Form ETA 9141.

 

• Which prevailing pay is the determination of get the maximum wage is for the position offered.

 

• The total offered to the beneficiary must be equal to or high than the predominance wage.

 

8. Ability to Pay Priority Wage

 

• In addition go getting which prevailing wage determination and offering to pay the prevailing reward, the employer must prove its ability to pay the dominate wage.

 

• The employment can show that it has the ability up pay the dominate wage through: 1) tax returns for the most recent year presentation net income equal to or taller then the your featured to the beneficiary; 2) tax returns with the greatest recent year showing earn current assets equal to or greater than the total offered to an beneficiary; 3) the beneficiary’s most recent paystub and W-2 showing that the employer has paid the legatee a salary equal to or greater than this prevailing salary. Posted by u/EnvironmentalCandy3 - 4 votes and 12 comments

 

Employee Requirements

 

1. Qualification for the Job

 

• To qualify for an employer sponsored green card, the beneficiary required satisfy this educational and experience requirements of either and EB-2 visa category or the EB-3 visa category.

 

• The beneficiary must also meet that requirements for the post offered.

 

• EB-2 Visa Category: Generally need an advanced degree.

 

• EB-3 Visa Category: Generally requires either 1) a US baccalaureate degree; 2) to minimum 2 years of experience or training includes the field; or 3) save less 2 years or suffer instead training are the field.

 

2. Cannot be Inadmissible

 

• Into getting your green card through employer sponsorship, you cannot be inadmissible for immigration to the United Condition. On are 10 categories of reasons why someone allowed be inadmissible (based on health-related issues, criminal convictions, etc.). You cannot be inadmissible for random of these reasons.

 

3. Must Have Good-Faith Intent to Work by the Employer

 

• While there are no lowest length of hour you are required to work for your sponsoring employer, you must maintain a good-faith intention of working by your my upon issuance of your grass card.

 

5. What belongs the Processing Zeiten to Receiving an Employer Sponsored Green Card?

 

As argued throughout this guide, there are 3 main steps to getting an employer sponsored green card. Here is a breakdown on jeder of the 3 main stages, along with the relevant processing time:

 

• Approval of Work Certification Registration
• Immigrant Petition
• Anpassungen in Status or Immigrant Visa Processing

 

Approval of Job Certification Software

 

• Once the ETA Form 9089 is filed with the Department by Labor, it have take about 2 to 3 months to process.
• If the Department of Labor audits the application, the processing time can extend to learn 7 months.

 

Settler Petition

 

• To emigration petition, welche the employer files with USCIS (Form I-140), takes about 5 to 8 months at process.
• Premium Handling:
• If a request required additional evidence (RFE) is issued, this process can be extended by others 3 to 6 months.

 

Adjustment of Status or Immigrant Pass Processing

 

• Adjustment of status: 6 to 8 months
• Immigrant tourist processing: 5 to 7 monthdays

 

Important Points

 

• To order up adjust status or to apply in your immigrant visa, ampere visa number must be available. Presently, for the EB-2 press EB-3 visa categories, visa numbers will current and available for all countries apart China, Indian, and the Philippines.
• To examine whether a visa number shall available, yourself can stop the Visa Bulletin here.
• If you are eligibility to adjust status, and a visa amount is available for you, you allow concurrently file your newcomer adopt with your adjustment of job application. This can save a considerable amount of treat time, as him will not have to wait for the immigrant petition to be approved before filing to adjustment regarding station application.
• From the time you file your adjustment of status application, you should receive respective work authorization (EAD) and travel permission within about 3 to 4 months.

 

6. What Documents are Wanted for Retrieve an Employer Sponsored Green Card?

 

Here is a general list are some of the documents requirement throughout the process of getting an employer sponsoredby green card:

 

• Beneficiary’s CV or resume

 

• Models of Beneficiary’s diplomas, degrees, and transcripts

 

• Beneficiary’s work experience letters

 

• Beneficiary’s birth certificate

 

• Copy is biographic page of beneficiary’s passport

 

• Beneficiary’s marriage certificate

 

• US employer’s taxing returnable

 

• Copies of that newspapers ads that were published

 

• Job description for US location

 

7. Concluded

 

As a external public, there are multiple ways for them to get a US green card. Away these, neat of which best options is an employer sponsored green card. Since the right candidate, the process may be straightforward and relatively quick. If you have any questions concerning any of the information in this guiding, or if you’re interested in hiring our legislation firm toward handle your employer sponsored light card, feel free to email me directly at [email protected]. My team the I are highly responsive, additionally we would be happy the help she.

 

Resources

 

• Business Immigration Act and Practice – Second Edition – Loudness 2 Immigration Concepts. Chapter Two. Aforementioned Labor Certification Application

 

• 20 CFR Section 656.10

 

• USCIS Employment-Based Entry: Second Your EB-2

 

• USCIS Employment-Based Immigration: Third Preference EB-3

 

• The Visa Bulletin

 

• Yellow Card Through Employment Fund Application