Litwin & Smith, A Law Corporation
Contact Us For A Free
10-Minute Telephone Call
888-344-0892
View Our Practice Areas

How to sponsor an employee for permanent resident status

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.

No Comments

Leave a comment
Comment Information
  • Experience Icon

    0

    +

    Years Experience

  • Employers Icon

    0

    Employers

  • Countries Icon

    0

    Countries

  • Approval Rating Icon

    0

    %

    Approval Rating

  • ABA Defending Liberty Pursuing Justice
  • Christian Legal Society
  • Avvo | Clients' Choice 2020 | Immigration
  • American Immigration Lawyers Association
  • The Bar Association of San Francisco
  • Federal Bar Association
  • Avvo Clients Choice | Award 2018 | Donald Edward Smith
  • Super Lawyers
  • Best Immigration Lawyers in San Francisco
Email Us For A Response

Schedule A Consultation

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Santa Clara Office
5201 Great America Parkway,
Suite 320
Santa Clara, CA 95054

Toll Free: 888-344-0892
Phone: 650-588-7100
Phone: 408-998-1159
Fax: 650-588-4302
Santa Clara Law Office Map

South San Francisco Office
1435 Huntington Ave, Suite 336
South San Francisco, CA 94080

Toll Free: 888-344-0892
Fax: 650-588-4302
South San Francisco Law Office Map

Map Map
Logo

Phone Numbers