As a hard-working employee who currently resides abroad, you may be confident that your skills and professional qualities will be highly valued in the United States workforce. Understandably so, you may be intimidated by the complexity of the immigration process to get here. Well, the first small step you can take is to start applying for U.S.-based jobs. If you are lucky enough, you may find an employer who offers you a job position and who is also willing to sponsor you for permanent residency (i.e., a green card). Without further introduction, please read on to discover how to obtain a green card with the help of your employer and how a seasoned green card lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can coordinate between you two throughout the process.
Can my employer really assist me in obtaining a green card?
Of note, employer sponsorship is one of the two most popular legal pathways to obtaining a green card, the other one being a family-based green card through marriage or blood. Unlike a temporary work visa, an employment-based green card may allow you to live and work permanently in the United States. However, the availability of this green card type may depend on job duties, wages, labor market rules, and other extenuating workplace circumstances. So, it is in your best interest to seek legal guidance from a lawyer before you get your hopes up too soon.
What is my employer legally obligated to do to sponsor me?
To reiterate what was mentioned above, not every United States-based employer is eligible, or willing to, sponsor foreign workers for green cards. This is due to the compliance expectations and government intervention involved in this immigration process. For one, an employer must prove that the permanent, full-time position at their company is real and that they have offered it to you. Further, they must demonstrate that their offered wages meet the standards set by the U.S. Department of Labor and that their company has the financial means to fund it.
This is not to mention that an employer’s financial obligation extends to paying certain filing fees, which cannot be made the legal responsibility of the prospective worker. Specifically, the required step of obtaining a Program Electronic Review Management (PERM) labor certification may exist. Essentially, this certification confirms that an employer has found no other qualified, willing, and available U.S. citizen or permanent resident workers to fill the available position at the offered wage.
Unfortunately, PERM is often the most complex part of the green card process, and many employers may be unwilling to go through all these steps just to receive a denial. Or, to make a small mistake that prompts a government audit of their company. With all that being said, please do not hesitate to work together with a competent family immigration lawyer in Milwaukee, WI. The team at Sesini Law Group, S.C., will have your best interests at heart always and will fight for justice to reign in your favor.