As an employer, you often have the opportunity to sponsor employees for green cards. In some cases, this might involve someone already in the U.S. on a student or temporary work visa. To remain in the country and become a lawful permanent resident, they will need to go through a process known as adjustment of status. A dedicated business immigration attorney could assist you every step of the way.
While your employee must file for adjustment of status on their own, other steps in this process require the employer’s direct participation. The good news is that you can rely on an adjustment of status lawyer to handle these issues.
Before an immigrant can petition to adjust their status, the company they intend to work for must secure a certificate from the United States Department of Labor (DOL). Also known as permanent labor certification—or PERM—this requirement is in place to ensure companies rely on domestic workers when possible.
There are two things PERM labor certification takes into account: whether the domestic labor market can fill the opening and ensuring the employer is offering the prevailing wage. If there is evidence that the area has citizens or permanent residents qualified and willing to fill the job, the certificate may not be granted. The same is true if it appears this hire will have a negative impact on the prevailing wage in the area. An attorney could help your company secure the certification before your employee applies for an adjustment of status.
If the DOL approves the labor certificate, there is more work for the employer to do. With the help of an adjustment of status attorney, they must file something known as Form I-140, which is also referred to as an Immigrant Worker Petition. This typically must be done within six months of PERM approval.
The purpose of this form is to show the government that a company has the resources to pay a non-resident the wage that was offered. This step also requires proof that the worker has the qualifications required by the certificate. This can be done in different ways, including providing profit and loss statements or other financial records.
It can take between four and six months to get a decision in most cases. However, employers can pay an additional fee for premium processing, which cuts the wait time down to 15 days. An attorney can answer questions on which approach is ideal under the circumstances.
The final step in this process requires the foreign professional to seek adjustment of status. While this can only be done by the applicant, getting to this stage involves extensive involvement by the employer.
Once granted, a foreign national is qualified to work for the sponsoring company and live in the United States. They have a path to citizenship and can sponsor their spouse and children for their own visas.
If you intend to sponsor a foreign worker for a visa, it is important to understand the process. A single mistake can be costly in terms of both time and money. Instead of attempting to navigate this system on your own, let an adjustment of status lawyer guide the way. Reach out to discuss your legal options today.
