Are you an employer who wants to sponsor a foreign worker for a green card? Well, you must prove first that there’s no American qualified, willing, and available to take the job and you’ll also have to accomplish some other tasks, too.
Here’s a quick overview of the step-by-step process of sponsoring a foreign employee for a green card:
1. Check If You Need a Labor Certification
By obtaining a labor certification, you’ll be able to prove that the job you’re offering can be taken by a foreigner, due to the reasons mentioned above. However, according to Buhler Thomas Law, P.C., a known green card attorney in Utah, there are cases you no longer need a labor certification. These include:
- Workers needed are included in the “employment first preference”, such as persons of extraordinary ability in the sciences, business, arts, or education
- Millionaire entrepreneurs
- Religious workers
- Workers with occupations listed on “Schedule A”, a list of industries in the US where there is a shortage of workers
2. Obtain Labor Certification
If the worker you need does not belong to the list above, then you must obtain a labor certification. This process includes requesting for a Prevailing Wage Determination, which will indicate the job salary and a testament that you’ll offer 100% or more of the declared job pay to a foreign employee. Then, you must advertise the job and recruit in the U.S. In this step, it is important that you adhere to the strict rules of the Department of Labor (DOL) on recruitment.
After the recruiting period and you found that there is no qualified, willing, available, and able American citizen to take the job, you can submit a labor certification application to the DOL. Approval of labor certification may take from 60 days up to a year.
3. File a Visa Petition
Once you receive an approved labor certification, you can start filing a visa petition for an immigrant worker. The visa petition approval is required before an immigrant can apply for a green card.
Since it takes a lot of time and effort to sponsor a foreign worker for a green card, it is better that you hire an immigration lawyer. With their knowledge and experience on the matter, immigration lawyers can guide you every step of the way.