Are you a company owner or a human resources (HR) professional? If so, there may come a point when you want to learn more about sponsoring an employee for permanent resident status.
While this sounds simple enough, especially if you know how the process will unfold, there are quite a few details to keep in mind.
Thanks to a multi-step process that involves both you and the employee, you need to know exactly which steps to take (and when to take them).
Generally speaking, the process is initiated by the employer. In this case, you'll obtain an Application for Permanent Labor Certification from the U.S. Department of Labor (DOL). With this in hand, you'll soon have a better idea of what to do next.
Once the certification is approved by the U.S. Department of Labor it's time to move forward, which means completing and filing Form I-140, Immigration Petition for Alien Worker.
For whom can you file?
This is an important question, as you need to know which types of employees you are allowed to sponsor. Under present immigration laws, employers can sponsor a current foreign national employee or prospective employee who is living either outside or inside the country. However, this person must qualify under one of the employment-based immigrant visa categories.
The four categories include:
- EB-1 Priority Workers
- EB-2 Professionals With Advanced Degrees or Persons With Exceptional Ability
- EB-3 Professional or Skilled Workers
- EB-4 Special Immigrants
It's one thing to say that you're going to file a petition, but another thing entirely to know what this means. In short, taking these steps shows that you intend to hire the person after the petition is approved. By taking this step, you're able to add the person to a large group of others who are waiting to receive approval within the same category.
There is a lot that goes into sponsoring an employee for permanent resident status, so you need to know what's expected of you and how to move forward in the appropriate manner.
Since this is so important, both to you and the employee, you don't want to make any mistakes. This is why you should understand your legal rights and the sponsorship process from the very start.