Working in the US, what most nationals who have been there for some time expect is to get the green card. For the most part, the employer can help the expat employee with the process.
Normally, the bigger companies understand the need for stability or a more permanent status for the employee and would go on to help with getting the green card; keeping in focus their policy for processing green card.
One needs to know how to convince an employer to sponsor the green card. The complete procedure takes a lot of time as well as money by the employer.
1. Advantages of Green Card to the Employer:
Even if getting the green card might turn out expensive for the employer, one need to understand the final benefits are worth more for the employer in the long run.
It also does away with the need and expenses for the employer to set up temporary permits, so very often.
In the meantime, there is limit to how many times a company can get L1 Visas for the foreign national worker, and chances are if one takes a long time to get the green card, the company could miss out on the services of the employee completely.
At the same time, an employee has the option to search for a company that would be ready to sponsor the green card.
Only those with green card are allowed to handle projects that require security clearance. Employer needs to consider this fact.
Another thing to understand is that in most cases, when there is upheaval in structure, temporary permit can be cancelled out. However, those on green cards need have no worry on this fact.
What one needs to convince the employer is that, one has no plans to leave the company, on getting the green card. One could also agree to pay compensation, in case they choose to leave within a stipulated time period within getting the green card.
2. Advantages of Green Card to Employee:
In the meantime, try to understand the impact of getting Green Card on the employee. Green card translates to financial security for many, as it would confirm permanent residency in addition to work permit for the employee and family.
Other added facilities include, life insurance facility, allowing for adult children to stay in the US, resident tuition, legal rights, tax benefits, freedom in selecting where to stay, easier access to mortgages, contributing to political campaigns and many more.
It also allows for better access to security clearances, makes them more eligible to apply for complete citizenship and so on. These advantages only go on to make an employee for firm on how to convince an employer to sponsor the green card.
3. How to apply for Green Card:
First step is to get the Employer Labour Certification, for which the employer needs to prove to the labour department that there is no other competent US candidate ready to take up the employment and hence the need to employ an expat.
Another thing to make sure is that Labor certification is to be filed by an employer via the Department of Labor (DOL) thereby confirming to the policy under the PERM process, in which the employer can test the local US market for employees by the means of promotions and advertisements.
The employer can then go on to apply to get Labour certification. In the meanwhile, all expenses are to be met by the company.
When the employer has confirmed absence of locals to meet the job requirements, confirm that one has the capabilities to meet the requirements.
The employer as well needs to file details of the minimum wages that the company is ready to the employee, with respect to the job responsibilities as well as the position one would occupy. Another thing to do is to set up an account for the employer at plc.doleta.gov.
4. How to run the mandatory advertisements:
Once you know how to convince an employer to sponsor the green card, the process takes a lot of time.
One also needs to run a series of necessary ads which includes the Internal Posting News, wherein the notice for the vacancy or job position should be put up in the office, where everyone can see.
The notice tells everyone of the roles or responsibilities to be assumed by the employee, the requirements for it and how to go on applying for it.
Following this, comes the ads in the two editions of the Sunday newspapers, distributed within the area of the office, to let people know about the opening.
Then finally, the employer should also place an ad with the workforce agency of the specific town or place. This ad should be posted for a month or thirty days, almost. Additional adds also need to be placed.
5 When to apply for Labour certification:
As per the system, the position should be filled within four months or almost one eighty days. At the same time, one needs to understand that the employer cannot apply for labour certification before the month or 30 days from the last advertisement.
Hence, one needs to apply for the labour certification within 180 days from the first advertisement and no more than thirty days from when the last ad was placed.
6. Determine why a local is not qualified for the position:
If one has confirmed on how to convince an employer to sponsor the green card, then the employer has the need to analyze all the applicants and see if there is any local US applicant fit to take up the post.
Check out all the requirements. If no one is found fitting, the process is simple.
However, if ever some applicant is found to be appropriate, then the employer should try to get to the applicant, so that one can get the reason for rejecting a post, proof for the same need to be displayed as documents.
The form ETA 9089 needs to filled in and then the employer needs to apply via the account on the DOL by the employer.
7. Employer should be ready to answer survey by DOL:
Once the form ETA 9089 is filled completely, the employer needs to answer the four question survey put across by the DOL. This is done, so as to verify if the employer has any plans to sponsor the green card of the employee.
The response for the same is to be given in a weeks time or else the labour certification application could get cancelled.
8. I-140 Form details:
Known as the ‘immigrant petition for the alien worker’, the I-140 form is to be completed by the employer for the purpose to ensure that an expat or foreign employee has become a permanent resident in the US.
The expense for the form is said to be $600. Following the approval of the labour certification, the I-140 form needs to be put in at USCIS, the US citizenship and Immigration Service, thus going on to reveal to the immigration that the DOL has accepted the legal certification.
It will also prove that the company is ready to pay the stipulated amount as salary as well is ready to offer employment to the employee.
At the same time, the employer is also required to put a signature on the original ETA 9089 certified by the DOL as well as file it together with the Form I-140.
9. How to prove that the employer can pay the specified salary:
To prove that one can pay the specified wages, an employer would need to file these details including, the yearly report, the returns for the federal tax, financial statements that have been audited and more.
Other aspects to prove this possible is, if net income or even net current assets goes beyond the specified salary as well as if wages of an already employed expat is more.
10. Employer needs to give the offer letter:
The offer letter of the employer needs to be given in the official letter head of the company, with the signature from the hiring manager / recruiter of the company.
The letter stating intent of the employer to hire the candidate should also cover details such as the wages to be paid, the job position, responsibilities to assume and so on.
11. When to apply for Green card:
One thing to consider is that following the approval of the Form I-140, the expat can go on to apply for the green card, opting for adjustment of status if within the US or even via the Consulate or US embassy abroad, if the applicant is outside of US.
The applicant can opt for the facility if available as is seen via the visa bulletin at the DOS, that is the Department of State.
12. How to check availability of Green Card:
Some of the factors to confirm the availability of the Green card includes the day when they filed the labour application ( that is the priority date), the preference category for the occupation as well as nationality of the expat.
If ever the priority date is marked current or if it falls after that shown in the visa bulletin, then an expat can go on to apply for the green card.
13. Categories for Green Card:
If ever the requirement for a job is a Master’s or Bachelor’s degree with added 5 years of experience, then the expat will get the Green Card in the EB-2 category.
At the same time, other jobs with lesser requirements are placed in EB-3 preference category
14. Applying from within the US:
To file for an adjustment of status at the USCIS, from within the US, one would need the form I-485.
An employee can apply for the work authorization and the parole document. With the form I-485, yet to be filed, one can also feed in Form I-765 and Form I-131, correspondingly.
In the meantime, the applicant would also need to undergo medical examination under a civil surgeon permitted by the USCIS. One also need to pay the $1070, government filing fee. Documents to be submitted are the , I-94 card, approval notice from the USCIS, copy of birth certificate, the passport and so on.
Spouse and children below 21 are eligible for green card application. Along with the marriage certificate, supporting documents for the family should also be filed.
15. Applying from out of US:
In case, the applicant is not in the US, they would have to go for an interview at the US embassy or Consulate in their country to obtain the immigrant visa, with which one can enter the US.
The card is expected to be mailed at a later date. Apart from the documents stating directions to the employee, original documents are send to the National Visa Centre. One can also find the directions to file the DS-260 Form online.
Tips to follow:
If ever the applicant succeeds in how to convince an employer to sponsor the green card, there are some tips to follow.
The records for all the recruitment steps and the resumes are all to be organized in an ‘audit file’ . In case of any issues, at a later stage, the D0L can accept or reject a case, even after five long years. One also need to value all the requirements.
In case of any error the entire method needs to be repeated. If the applicant is staying at the US, he would have to retain the status, unless the applicant can file for Form I-485.
One thing to know, is that in case the employer finds the immigration process difficult, or even if they are scared for some other reason, then asking for Green card so soon would not be accepted.