Curious About Green Card Sponsorship? Learn the Process

Securing a green card for an employee is a significant step toward stabilizing your workforce and fostering a supportive environment for growth. For employers in Oklahoma City looking to assist their staff in obtaining permanent residency, understanding the legal nuances is crucial. While the process can seem daunting, having the right support system simplifies it significantly. It's important to note the value of consulting with an immigration lawyer in OKC to guide you through this complex legal terrain.

What Steps Must Be Taken to Sponsor an Employee's Green Card?

Employers in the U.S. must fulfill a three-step process involving USCIS and DOL. This process is necessary for sponsoring an employee's green card. Its aim is to safeguard U.S. citizens' job opportunities when hiring foreign nationals.

The Initial Step of Green Card Sponsorship- PERM Certification

To sponsor a foreign national for a green card, an employer first must ensure no qualified U.S. citizen can fill the job. They have to first take the labor market test to the Department of Labor. This ensures that the person will not do anything that will harm or displace any U.S. worker. The PERM stage is vital for EB2 and EB3 visa categories unless waived by the Department of Labor (DOL). Here's a closer look at how this process unfolds.

Crafting a Detailed Job Description

The PERM process starts by defining the job. An employer needs to outline a clear job title, list specific duties, and set minimum educational and experience requirements. This precise description is crucial to determining the suitability of potential candidates, both domestic and international.

Determining the Prevailing Wage

Next, the employer must ascertain the prevailing wage for the position by submitting Form 9141 through the DOL's FLAG system. The prevailing wage reflects the average wage paid to similar professionals in the same region and ensures that the foreign worker's salary does not undermine local wage standards.

Job Market Testing through Recruitment

The core of the PERM stage is testing the local job market. Employers must actively recruit for the position, adhering to strict advertising guidelines. For instance, a professional position might require posting job ads in major local newspapers on two Sundays, a 30-day job listing with the state workforce agency, and a visible Notice of Filing at the workplace. This notice should detail the job's duties, location, and offered wage. Beyond these mandatory ads, the employer should choose three additional recruitment methods from ten possible options to ensure a thorough search.

Submitting the PERM Application

After a 30-day post-recruitment period, if no suitable U.S. worker is found, the employer can file the PERM application using Form 9089. This form, filled out and submitted via the DOL's online portal, requires detailed information about the job, the recruitment process, and the outcomes. It's a pivotal step where the accuracy of provided information is vital.

Throughout this meticulous process, the guidance of an immigration lawyer becomes indispensable. Handling PERM applications requires a thorough understanding of labor laws and immigration policies, which an experienced immigration lawyer can provide. For employers in the intricate landscape of U.S. immigration, partnering with a proficient immigration lawyer ensures that all stages of the green card sponsorship are compliant, efficient, and successful.

Filing the I-140 Visa Petition

Following the approval of the PERM certification, the next critical step is to initiate the I-140 visa petition. This involves the employer, acting as the petitioner, submitting a formal request to the USCIS within 180 days post-PERM approval. The I-140 petition serves as a comprehensive application that requires detailed information, including:

  • Biographical details of both the petitioner and the applicant,

  • The current immigration status of the applicant, along with their most recent entry into the U.S.,

  • Detailed employer information, including the organization's founding date, location, number of employees, and financial health,

  • Confirmation of the employer's capacity to pay the designated prevailing wage for the role.

Adjustment of Status or Consular Processing

Once the USCIS validates the I-140 petition, the process progresses to the stage where the actual green card application begins. This stage is divided into two paths depending on the applicant's location and eligibility:

Adjustment of Status: For employees currently in the U.S., an adjustment of status is pursued by filing Form I-485. This is applicable only if the employee is legally positioned to adjust their status.

Consular Processing: Employees who are not eligible to adjust their status within the U.S. due to issues like unlawful presence or unauthorized employment must return to their home country. There, they are required to apply for an immigrant visa directly at a U.S. Consulate to continue their application for a green card.

What Qualifications Are Necessary for Sponsoring an Employee's Green Card?

If you are sponsoring an employee for a green card through an employment-based petition, it typically falls under the EB2 or EB3 preference categories.

The EB2 category allocates 28.6% of worldwide visas to professionals with advanced degrees or exceptional ability. Qualification under EB2 requires the job to necessitate an advanced degree or its equivalent. This can be met by having either a master's degree or a bachelor's degree, along with five years of progressive work experience. Exceptional ability in science, arts, or education qualifies an individual for this category, contributing to the U.S. economy.

The EB3 category allocates another 28.6% of worldwide visas, along with any unused from the first and second preferences. Professionals must hold a bachelor's degree or its equivalent and be members of their respective professions. For skilled workers, the position should require a minimum of two years of training or work experience. Some jobs with less than two years of experience qualify under the EB3 category as "other workers."

How Much Time Is Needed to Sponsor a Green Card for an Employee?

The duration to sponsor a green card for an employee varies significantly as it involves several steps and multiple applications filed with the Department of Labor (DOL) and U.S. Citizenship and Immigration Services (USCIS). Here's a breakdown of the typical timeline:

  • Wage Determination: The DOL generally takes 60 to 90 days to issue a wage determination.

  • Recruitment Process: Completing the recruitment process usually takes about 60 days.

  • Labor Certification: The DOL can take six to twelve months to issue a labor certification (Form 9089).

  • Visa Petition Approval: The USCIS may take 17 to 24 months to approve the I-140 immigrant visa petition. You can expedite processing by paying an additional fee.

  • Adjustment of Status/Consular Processing: Once the visa and priority date are current, adjusting the status by filing Form I-485 can take anywhere from 16 months to several years. Consular processing typically ranges from 9 to 12 months.

Due to varying DOL and USCIS workloads, backlogs, and the specific details of your case, the total processing time will fluctuate. However, based on current processing times, the entire procedure from start to finish could take from 27 months at the earliest to much longer.

What Are the Financial Requirements for Sponsoring a Green Card?

When considering sponsoring a green card for an employee, it's important to be aware of the associated costs. While the U.S. Department of Labor (DOL) does not impose any fees for the submission of the prevailing wage determination (Form I-9141) or the permanent employment certification (Form 9089), other expenses are inevitable.

What Efforts Are Required to Sponsor an Employee's Green Card?

Sponsoring a green card involves a comprehensive process that requires meticulous planning and coordination with several federal agencies. It involves submitting many forms, paying filing fees and much more. The first step is ensuring the job meets EB2 or EB3 visa category requirements. These typically involve professional roles needing a bachelor's degree or equivalent. Employers must pay the prevailing wage, understand labor certification, and complete paperwork accurately. Given the complexity and duration of this process, which can span several years, precision in each step is crucial to avoid delays or denials.

Is Hiring an Immigration Lawyer Advisable for Green Card Sponsorship?

While it is not mandatory to engage an immigration lawyer for green card sponsorship, the benefits of doing so are considerable. An immigration lawyer can provide expert guidance throughout the lengthy process, from initial application to final approval. They handle filings, respond to RFEs from USCIS, and offer tailored strategic advice for your case. Their expertise increases success and avoids delays or risks to your employee's green card application.

Ready to Get Green Card Sponsorship?

When it comes to sponsoring a green card for your employee, the expertise of an immigration lawyer in OKC is invaluable. At Foshee & Yaffe Attorneys at Law, we specialize in guiding employers through the complex process of green card sponsorship with precision and efficiency. Our team meticulously attends to every step, from determining job qualifications to filing necessary paperwork. Don't let the intricacies of immigration law overwhelm you. Contact us today to begin the journey toward securing a brighter future for your workforce.

**Disclaimer: This content is not to be construed as legal advice nor does it establish terms of a client-attorney relationship.