How to Sponsor an Employee for Permanent Resident Status

As an employer, it is possible to sponsor a foreign national so they can come to the United States and become a permanent resident. The permanent residency is going to be based on a permanent job offer. But, there is more to it than just finding an employee and making the job offer. There is a multi-step process that an employer, as well as the potential employee, have to go through for it to be legal and appropriate. Our Jacksonville lawyer team can help you better understand the process and the steps to be taken. 

The Employer Takes the First Step

The employer has to take the first move in this process by being approved by the United States Department of Labor. The company needs to fill out an application for Permanent Labor Certification.Once the employer has the certification from the United States Department of Labor, Form I-140 needs to be filled out. The form is also known as the Immigrant Petition for Alien Worker form.  The form is filled out on behalf of the foreign national whom you would like to be able to come to the United States as a resident to work. The foreign national will apply for his or her permanent residency status along with the form as back-up.

Which Employees Qualify

As an employer, you may be asking what type of employees may be eligible for this unique status to become a permanent resident.  The first two categories are going to be known as Priority Workers and Professionals with Advanced Degrees or Persons with Exceptional Ability.  These workers will include multinational executives and managers, as well as professionals and researchers, or those with extraordinary ability in the arts, education and business.Another type of employee who qualifies is a Professional or Skilled Workers class. These are professionals with a bachelor’s degree and have the capability, along with two years minimum experience, to perform skilled labor. The exception to the rule from an experience perspective is if the skills just do not exist to be hired in the United States.Special Immigrants are the last grouping of potential employees and include physicians, religious workers, as well as certain types of government employees.

Filing the Petition

Once you have the certification, the form is filled out, and you believe the employee qualifies under one of the categories, the employee puts the formal petition in. Based on the date you file your labor certification, you are going to get a priority date that is going to place the foreign national in a line for their petition to be reviewed and processed. Once it is approved, they can apply to become a permanent resident in the country and begin their employment.There is a lot of demand for these types of petitions amongst employers and potential employees. But, there are legal limits as to how many people each year can fit under each category. Based on the class, you may have a long wait for the petition to be processed or no wait at all. If the limits for a particular year are met, you may have to wait until the numbers reset the following year. Employers and foreign nationals seeking permanent residents need to be aware of who qualifies to be sponsored as an ongoing resident under employment terms. Our Jacksonville lawyer team at Berlin Law has worked with countless employers and foreign nationals through the whole process and we can assist you as well.