If you possess the necessary education or skills, you may be eligible for permanent work visas to immigrate to the United States. Please continue reading to learn how to sponsor an employee for a U.S. work visa and how a qualified Middlesex County, New Jersey Business Immigration Lawyer can help you navigate this complex process.
What Are the Requirements for Sponsoring an Immigrant for Work?
If you are considering sponsoring an immigrant employee for permanent residence, you will need to adhere to the requirements set forth by United States Citizenship and Immigration Services (USCIS). To be eligible to sponsor an immigrant for work you must:
- Be 18 years or older
- Be a U.S. citizen or green card holder (lawful permanent resident)
- Reside in the U.S. or one of its territories
- Meet the minimum income requirements
- Provide proof of intent to maintain employer-employee relationship upon their arrival to the U.S.
How Do You Sponsor an Employee for a U.S. Work Visa?
If you are a current or prospective employer of a foreign national, you may be eligible to sponsor your employee to become a permanent resident in the U.S. To sponsor an employee based on a permanent job offer, you and the foreign national you are petitioning for must undergo a specific process. First, you will need to assess whether or not your employee maintains the necessary qualifications for a work visa based on their skills and the job requirements. Next, you will need to file a labor certification application with the U.S. Department of Labor (DOL) regarding Permanent Labor Certification which is required before filing Form I-140 to demonstrate that there are no suitable U.S. workers available for the position. However, if your employee falls under the visa category of EB-1, they may be exempt from this step.
Once your Permanent Labor Certification has been approved by the DOL, a skilled attorney can help you file the relevant USCIS forms, which in most cases for employment-based sponsorship is Form I-14o, Petition for Alien Worker. Depending on the unique circumstances of your situation, you may need to submit additional supporting documentation. In some cases, employment-based visa applications require filing Form I-864, Affidavit of Support, to accept financial responsibility for the foreign national you are sponsoring.
From here, if the foreign national is already legally residing in the U.S., they may be eligible to apply to adjust their status to permanent residents. However, they will be placed on the visa waiting list. The case will be reviewed by the National Visa Center (NVC) after they have reached the front of the waiting list. The NVC will notify you and the foreign national to apply for an immigrant visa.
If you are interested in sponsoring an employee for permanent residence, please don’t hesitate to contact an experienced lawyer from the Law Office of Aditya Surti, LLC, who can help guide you throughout the process to give you and your worker the best chance possible of being approved. Connect with our firm today to learn what we can do for you during this confusing time.
