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Does An Employer Have to Sponsor Me For Employment-Based Immigration?


An employer does need to sponsor an individual for employment-based immigration in some cases. Circumstances, where an individual would need to be sponsored by an employer include if the individual doesn’t meet the National Interest Waiver criteria, or if they do not possess extraordinary abilities. Individuals may only petition for themselves if they do meet these requirements. Ultimately, an employer doesn’t always need to sponsor someone for employment-based immigration. However, even when an individual is able to self-petition, most of the time they will still need to possess a job offer from a potential employer.

What Is The Labor Certification Process?

The formal term for PERM is the Labor Certification Process, which is done through the US Department of Labor. All employers must complete the Department of Labor’s certification process before they may sponsor an individual for a green card. This process requires employers to determine the salary that will be offered for the position, based on the minimum job requirements. Afterwards, they must complete a recruitment process that includes advertising the position for suitable US candidates, and conducting interviews. If no suitable US candidates are identified, they must prove to USCIS how they concluded this, based on their candidate pool and interviews, and state that they want to sponsor a foreign candidate for the position and Lawful Permanent Residency. Once the employer completes the recruitment process, they must create a recruitment report.

How Long Does It Take To Receive A Green Card?

An individual would need to be sponsored by a family member or an employer in order to receive a green card. Green cards can also be obtained through the green card lottery, or through asylum or religious-based means. An individual who wishes to receive an employment-based green card, once their petition is approved and their priority date has been met, will have to wait the same amount of time as individuals in other immigration categories. This is because the individual can apply for a green card as soon as their employer’s I-140 petition is approved and their priority date has been reached. EB-2 visa holders do not have to wait for the I-140 petition to be approved before applying for their green card. Most times, the priority date for these individuals is current. This means that the individual can apply for their green card at the same time that their employer files the I-140 petition.

USCIS has lately been increasing their processing times for approving green card applications. Previously, the wait time was around four or five months. Once the I-140 application was approved, individuals were able to apply for a green card, and go through that process without an interview. USCIS has recently announced that they will begin interviewing applicants for employment-based green cards, which means that the wait time will almost certainly take longer than four months. The process is anticipated to take at least six or seven months. Unfortunately, because this requirement is new, we do not have historical data to look at. It may take even longer than seven months.

For more information on Sponsorship For Employment-Based Visas, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling today.

Fisher Legal Group

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