How Do I Sponsor An Employee For U.S. Permanent Resident Status?
How Do I Sponsor An Employee For U.S. Permanent Resident Status?
How Do I Sponsor An Employee For U.S. Permanent Resident Status?
employer E2
How do I sponsor an
employee for U.S.
permanent resident status?
As an employer (or prospective employer), if you want to • Aliens who are members of professions holding advanced
sponsor a foreign national to become a permanent resident based degrees or the equivalent.
on a permanent job offer, you and the foreign national need to go
EB-3 – Professional or Skilled Workers
through a multi-step process.
• Professionals with a baccalaureate degree;
In most cases, the process begins when the employer obtains an
approved Application for Permanent Labor Certification from • Aliens capable of performing skilled labor (requiring at least 2
the U.S. Department of Labor (DOL). After the labor certification has years of training or experience) for which qualified workers are
been approved by the DOL, the employer continues the process by not available in the United States;
filing Form I-140, Immigrant Petition for Alien Worker, on behalf of
• Aliens capable of performing unskilled labor for which qualified
the foreign national with U.S. Citizenship and Immigration Services
workers are not available in the United States.
(USCIS). If prior DOL certification is not required, the sponsoring
process will start when you file a Form I-140 with USCIS. Filing EB-4 – Special Immigrants
instructions and forms are available on our Web site at www. • Religious workers;
uscis.gov. Sometimes, as discussed below, the foreign national
can combine the Form I-140 with a permanent resident application. • Panama Canal Company Employees, Canal Zone Government
For information on all of the filing requirements and fees for a labor Employees, or U.S. Government in Canal Zone Employees;
certification request with DOL, please visit that agency’s Web site at • Certain physicians;
www.foreignlaborcert.doleta.gov.
• Certain others.
After I file, how long will it take before the foreign Processing times depend on a number of factors. You can check out
national can immigrate? current processing times on our Web site. Once you file a petition,
we will post an updated estimate of the processing time on the
The combination of high demand and the limits set by law on how USCIS Web site.
many people can immigrate each year under each category and
from a particular country affects the waiting time. For some foreign Where can I find more information
nationals there may be no waiting period, while others may have a about this process?
significant waiting period. For information on all filing requirements and fees for a labor
Generally speaking, if a foreign national entered the United States certification request with the Department of Labor, please visit that
legally and is presently in the United States (and meets certain other agency’s Web site at www.dol.gov.
requirements), he or she may be able to file an application to adjust For specific information regarding each category or qualifying
to permanent resident status if the employment-based immigrant occupation, please refer to our Web site at www.uscis.gov, or call
visa category for that foreign national is currently available. Customer Service at 1-800-357-2099.
For other foreign nationals who are on the visa waiting list, once the
foreign national reaches the front of the line, the U.S. Department
of State will contact and invite him or her to apply for an immigrant Key Information
visa. If you are interested in the current waiting periods for visa
numbers, see “Visa Bulletins” on the State Department’s Web site at Key USCIS forms referenced Form #
www.travel.state.gov/visa. in this guide
Please note: If you are immigrating to the United States and will Immigrant Petition for Alien Worker I-140
be admitted as a lawful permanent resident, you must pay the $165 Petition for Amerasian, Widow(er), I-360
USCIS Immigrant Fee. You pay this fee online through the USCIS or Special Immigrant
Electronic Immigration System (USCIS ELIS). We strongly encourage
you to pay this fee after you receive your immigrant visa packet
Other U.S. Government Services–Click or Call
from the U.S. Embassy or consulate abroad (including Canada and
Mexico) and before you depart for the United States. Paying before General www.usa.gov 1-800-333-4636
you depart for the United States will ensure that you receive your Information
Permanent Resident Card (commonly referred to as a Green Card) New www.welcometoUSA.gov
without delay. Information about the fee can be found on our Web Immigrants
site at www.uscis.gov/immigrantfee.
U.S. Dept. www.state.gov
of State 1-202-647-6575
www.travel.state.gov/
What about the foreign national’s family? visa
In most cases, when the foreign national’s place in line is reached U.S. Dept www.foreignlaborcert. 1-877-872-5627
and he or she applies to immigrate, the foreign national’s spouse of Labor doleta.gov
and unmarried children under 21 can apply as dependents.
For example: You file a petition on behalf of a prospective
employee. You cannot directly petition for the employee’s spouse
and children. However, the employee’s spouse and children can
apply for immigrant visas (or adjustment of status) at the same
time as your prospective employee when the prospective employee
reaches the front of the line.