Employer-Sponsored Green Card

Employer-Sponsored Green Card: Step-by-Step Process

Securing a job offer from a U.S. employer can be a significant step toward green card eligibility, providing a streamlined path to permanent residency. Unlike some immigrant visa categories that initially grant conditional status, employer-sponsored green cards offer a distinct advantage: immediate eligibility for a full 10-year green card, bypassing the typical 2-year conditional period.

Employer-Sponsored Green Card Overview

The United States offers various routes to permanent residency (green card status) for foreign nationals, including investment, family ties, and employer sponsorship. An employer-sponsored green card involves a U.S. company sponsoring your application through a job offer.

Key Pathways to US Permanent Residency:

  • Investment-Based
  • Family-Sponsored (immediate relatives or spouse)
  • Employer-Sponsored (through a job offer)

To secure an employer-sponsored green card:

  • Employer (Petitioner): Files immigration forms with USCIS on your behalf.
  • Beneficiary: You receive the immigration benefits.
  • Sponsorship Role: The employer acts as your immigration sponsor.

Advantages of the Employer-Sponsored Green Card

The employer-sponsored green card offers many benefits:

  • Permanent U.S. Residency and Work Authorization
  • Green Cards for Spouse and Children: Dependents under 21 qualify.
  • Direct Path to 10-Year Residency: No 2-year conditional period.
  • Relaxed Approval Standards: Compared to the EB-1A extraordinary ability and National Interest Waiver paths.
  • No Investment Requirement
  • Eligibility for U.S. Citizenship: After five years of residency.

Requirements for an Employer-Sponsored Green Card

Employer Requirements for Sponsorship

  1. US-Based Employer: Must be located in the U.S., with the job based in the U.S.
  2. Permanent Full-Time Position: The position must be permanent (indefinite) and full-time (minimum of 35 hours/week).
  3. Bona Fide Job Opportunity: Must reflect a legitimate, open job opportunity.
  4. Employer Attestations: Must attest under penalty of perjury:
    • Full-time, permanent employment
    • Non-discriminatory hiring
    • Open to U.S. workers
    • Payment of prevailing wage
    • Sufficient resources
  5. Good Faith Recruitment:
    • Job Posting: State Workforce Agency (30-day period).
    • Advertisements: Two Sunday print advertisements.
  6. Job Requirements:
    • Industry-standard qualifications.
    • Not unduly restrictive or tailored for the individual.
  7. Prevailing Wage:
    • Obtain prevailing wage determination from NPWC.
    • Offer wages at or above prevailing wage.
  8. Ability to Pay: Demonstrated via:
    • Tax returns
    • Net current assets
    • Pay stubs or W-2s

Employee Requirements

  1. Qualification: Must meet educational and experience requirements for:
    • EB-2: Advanced degree
    • EB-3: Bachelor’s degree, 2+ years of experience/training, or less
  2. Non-Inadmissibility: No grounds for inadmissibility (e.g., health, criminal records).
  3. Good-Faith Intent: Genuine intent to work for the sponsoring employer upon green card approval.

If you have any questions, feel free to reach out to us at matif@atiflawfirm.com. We’re here to help!