Understanding Green Card Sponsorship for Employment

Find out about employment based visa Green Card sponsorship in the United States. This detailed article covers all categories from EB-1 to EB-5. As well as the process of sponsorship, its advantages, disadvantages, and the right way to get sponsored. Also, know how American employers help foreign citizens get green card through work visa. Along with the Green card sponsorship procedures to the USA and other options such as family sponsorship and diversity visas. Furthermore, discover the pathways to permanent residency in the USA.

There is a systematic and legal way of getting the much coveted permanent residency (Green Card) in the United States. Many foreign workers view the green card sponsorship that is employment-based as an opportunity to realize the dream of being able to work and live in the US. This article will elaborate on how exactly green card sponsorship through employment works. Also, how such sponsorship is obtained, and highlight some of the opportunities attached to it as well as its drawbacks.

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What is Green Card Sponsorship for Employment?

Employment based green card sponsorship is a situation whereby a qualified American employer files an employment based immigration petition on behalf of the foreign applicant seeking permanent residency in the US. This sponsorship is crucial for those looking to transition from a temporary work visa. It is also important for those residing abroad and are seeking employment opportunities in the U.S

As an employment-based visa holder, one is able to work in the US and travel without the fear of temporary visa limitations. Also, one gets access to longer term assets of moving including the prospects of acquiring citizenship at some future date. Also, continue reading to learn about Green card sponsorship through work visa and pathways to permanent residency in the USA.

Categories of Employment-Based Green Cards

Green Cards based on employment are generally classified in a multiple categories:

EB-1: Priority Workers

This category is for qualified foreigners who have exceptional ability in the fields of sciences, arts, education, business, or athletics. Also included are outstanding professors, researchers, and executives or managers of multinational corporations. Many applicants in this section can also have their applications quickly processed. This is because the labor certification requirement is normally not applicable. To qualify, the applicants are required to submit comprehensive documentation that demonstrates their skill set or accomplishments. This includes awards, publications and leadership roles in organizations. Want to find out more on Green card sponsorship through work visa and pathways to permanent residency in the USA? Read this article.

EB-2: Professionals with Advanced Degrees or Exceptional Ability

EB-2 is for persons who have an advanced degree (master’s, PhD or the foreign equivalent of master’s degree). People with an ability in their field here are considered under this category as well. These are workers whose skills and knowledge are an asset to the economy, culture, or education of the US. An important subcategory in this category is the National Interest Waiver (NIW). This waiver allows highly skilled professionals to bypass normal avenues and petition on their own behalf if their work is in the national interest. For example, health care personnel who are trying to fill acute shortages might qualify for this waiver.

The Step-by-Step Process of Green Card Sponsorship

Foreign nationals are permitted to reside and work in the US permanently with an employment-based green card. It requires a lot of effort in terms of the paperwork. Also, the processing times seem to be long as well. So here is what the process looks like:

Step 1: PERM Labor Certification

First things first, the process starts when the employer first obtains the PERM labor certification. This is a legal requirement made by the US Department of Labor. This is done so that hiring the foreign worker does not affect the jobs of the current American residents. The requirements entail:

Firstly, demonstrate that no competent US citizen is suitable for the posting.
Secondly, inform the public of such a need through several methods.
Thirdly, Show that the pay is sufficient for the work offered in that geographical area.

However, the only downside to all of this is that the PERM process often takes several months to get approved. Also, it is a required step for both EB2 and EB3 categories. Also, read this article to discover Green card sponsorship through work visa and pathways to permanent residency in the USA.

Step 2: Filing the I-140 Petition

Following the approval of the PERM certificate, the employer must have Form I-140 completed. This is also known as the Immigrant Petition for Alien Workers. It illustrates the following:

First and foremost is the ability of the employer to afford the salary promised to the foreign citizen.
Secondly, the factors determining the qualifications of the foreign citizen for the job offered.

Step 3: Adjustment of Status (I-485) or Consular Processing

Now here’s where it is even more interesting. Once the foreign citizen has been offered the position, they now only have to change their immigration status. If the worker is already in the US, then they need to just submit form I-485. This is definitely less of a hassle than the foreign worker who will require assistance from their home country. This will also include interviews, medical assessments, and additional checks that will overlap too.

Who Pays for the Sponsorship Process?

Green card sponsorship can be costly. While some costs (like the PERM certification) have to be paid by the employer, others (like medical exams or application fees) might be the employee’s responsibility. Make sure to get this clarified early on.

Common Challenges in Green Card Sponsorship

Most employers agree that the green card distributed by the employer is a valuable asset. However, it does come with certain cons:

Slow procedure: Because of the regional national origin of the applicant and the provided green card category, approval times may vary over the span of months if not years. Particularly a large backlog is seen for applicants who are from China and India.
Dedication of the employer: Sponsorship means that the employer would have to be committed over a long term and work towards facilitating him.
Regulatory criteria: Laws regarding immigration in US are complicated, in fact any minor mistake can lead to very dire consequences and even a denial.

Benefits of Green Card Through Work

There are multiple benefits of obtaining a green card through work:

Job Change: One is much less restricted with an occupation change when a person has permanent resident status as opposed to having an H-1B visa.
Citizenship Applicants: After residency restrictions are met in the US, green card owners have the option to file for US citizenship.
Domestic members: Including one’s spouse, permanent residents are able to acquire residency for their close family through the sponsorship section.
Access to Benefits: As long as they do not lose their residency status people with permanent resident status are able to receive federal benefits and protections.

Also, want to find out about Green card sponsorship through work visa and pathways to permanent residency in the USA? Read this article.

Tips for a Smooth Sponsorship Journey

Start in Advance: Be prepared, the process might take upsetting long and be tricky. It is always great to start as early as possible.
Engage Competent And Experienced Lawyers: Immigration lawyers are acquainted with the process and can help reduce mistakes.
Be Open: Both sides employees and employers need to be in touch to counter the problems early.
Pay Attention to Priority Dates: Check the U.S. Department of State Visa Bulletin to see when to take visa action.

Alternatives to Employment-Based Green Cards

There are other means of obtaining permanent resident status in the United States for people who don’t get an employer to sponsor them for a green card:

Sponsoring relatives: American nationals or holders of green cards may sponsor their relatives.
Sponsors for Asylum or Refugee Status: Those who are escaping persecution must be eligible for the status.
Diversity Visa Lottery: This program provides for the issuance of a limited number of green cards for applicants from less represented countries.

Conclusion

Sponsoring employment-based green cards is one of the most sought-after opportunities by skilled workers, professionals, and even unskilled people to get settled in the U.S. However, while it may not be very simple, comprehending the processes and blending yourself well can ease the journey. Whether it is to provide a prospective worker sponsorship or get potential employment offer in the US, this system provides attainable aims.