Schedule an Appointment with Our Attorneys Now
How to Obtain a Green Card Through Employment Sponsorship in the United States?
By Asim Kilinc, Immigration Attorney at CK Law Firm
Obtaining a Green Card, which grants permanent residency and work rights in the United States, is a significant opportunity for many immigrants. While there are various paths to obtaining this card, employment sponsorship is one of the most common and reliable methods. Securing a Green Card through employment sponsorship follows a specific procedure, and there are many critical points to consider throughout this process. In this article, we will thoroughly examine all the stages of obtaining a Green Card through employment sponsorship and the keys to success in this process:
- What is Employment Sponsorship and Green Card?
- The Basic Steps to Obtaining a Green Card Through Employment Sponsorship
- Important Considerations in Employment Sponsorship
If you have any additional questions, please do not hesitate to reach out to me directly through LinkedIn, via the comment section below this article, or through our CK Law Firm Immigration Law Firm’s website!
What is Employment Sponsorship and Green Card?
What is Employment Sponsorship?
Employment sponsorship is when an American employer supports a foreign employee’s application for a Green Card. The employer must apply to the U.S. Department of Labor, proving that the position cannot be filled by a resident citizen in the U.S. This sponsorship is typically carried out under work visas such as EB-2 and EB-3.
What is a Green Card?
A Green Card is a document that grants the holder permanent residency and work rights in the United States. Green Card holders can live, work, and study anywhere in the U.S. Additionally, after fulfilling certain requirements, Green Card holders may apply for U.S. citizenship.
For more detailed information about Green Cards, you can check out this article!
The Basic Steps to Obtaining a Green Card Through Employment Sponsorship
PERM (Program Electronic Review Management) Process:
This process involves the employer applying for a labor certification from the U.S. Department of Labor. To obtain this certification, the employer must demonstrate that a specific position cannot be filled by American workers. This includes steps such as posting job advertisements and conducting interviews with potential candidates. The employer must prove that no suitable American citizen was found for the job.
I-140 Immigrant Petition:
After completing the PERM process, the employer submits an I-140 Immigrant Petition to USCIS. This petition indicates that the employer intends to hire the foreign employee permanently and that the employee possesses the necessary qualifications. Once the I-140 petition is approved, the employee can proceed with the Green Card application.
c. Green Card Application:
After the I-140 petition is approved, the employee can apply for a Green Card in two ways:
- I-485 Adjustment of Status Application: If the employee is already in the U.S., they can apply to adjust their status to a Green Card using Form I-485.
- Consular Processing: If the employee is abroad, they can start the Green Card process by applying at their local U.S. consulate.
Important Considerations in Employment Sponsorship
Employer’s Reliability and Financial Status
USCIS considers the financial stability and sustainability of the employer. The employer must have the financial strength to ensure the long-term employment of the employee. Financial documents, tax returns, and business plans are crucial in this process.
Employee’s Qualifications and Experience
The employee’s qualifications play a significant role in the employment sponsorship process. The employer must prove that the employee possesses all the qualifications required for the position. These qualifications include education, professional experience, and special skills. Especially for the EB-2 visa, the employee must have advanced education or exceptional ability in their field.
For more detailed information on the EB-2 visa, you can check out our blog!
Successful Completion of the PERM Process
The PERM process is one of the most critical steps in obtaining a Green Card through employment sponsorship. The employer must post job advertisements on appropriate platforms and complete the application process meticulously. The accuracy of all information provided during the application and the completeness of the documents are of great importance.
Length of the Green Card Application Process and Time Management
The Green Card application process can be lengthy and complex. Time management and careful monitoring of application steps are essential during this process. The employee and employer must take each step of the application process on time to avoid rejection. Especially tasks like collecting documents, filling out forms, and paying application fees must be completed promptly.
For applications made from abroad, the interview conducted at the local U.S. consulate is of great importance. During the interview, the candidate must clearly express their intent to live and work permanently in the U.S. Consular officers will review all the candidate’s documents, and if any incorrect or missing information is found, the application may be denied.
Conclusion
Obtaining a Green Card through employment sponsorship in the U.S. is a lengthy process that requires meticulous attention. An application supported by accurate information and documents increases the chances of a successful outcome. Factors such as the employer’s financial status, the employee’s qualifications, the successful completion of the PERM process, and time management are the cornerstones of this process. Since the process of obtaining a Green Card through employment sponsorship is complex and lengthy, the guidance of an experienced immigration attorney is invaluable at every step. Due to the complexity of the process and legal requirements, it may be beneficial to seek assistance from an immigration attorney. Please remember that you can reach me directly through LinkedIn, via email at info@cklawfirm.org, or through our CK Law Firm Immigration Law Firm’s website!
Who is Lawyer Asım Kılınç?
Lawyer Asım Kılınç, as a founding partner of CK Law Firm, stands out with his mastery of both international law and the American legal system, gained through years of experience. Completing his Master’s degree at Southern Methodist University Dedman School of Law, Kılınç is registered with the Missouri Bar and specializes in U.S. immigration law. His deep knowledge and experience in immigration law have significantly contributed to CK Law Firm’s successes in this field. Having participated in the preparation processes of over 1,000 cases in immigration law, Lawyer Kılınç has proven his expertise in this field, providing comprehensive and professional legal support to his clients, facilitating their adaptation to their new lives in the U.S.
Strengthening CK Law Firm’s leadership in immigration law, Lawyer Kılınç offers reliable and effective legal consultancy services to his clients, standing by them in their journey to establish a new life in the U.S. He works to ensure that his clients receive the highest quality service in citizenship, Green Card, work permit, and other immigration processes, providing support to his clients throughout the entire process, from the beginning to U.S. citizenship.
