Navigating the Green Card Sponsorship Process for Employers

At Sapochnick Law Firm, we understand that bringing international talent into your business can be a critical component of your success. That's why we are committed to guiding employers through the intricate process of sponsoring a worker for U.S. residency. Employers will need to obtain a labor certification to affirm that there are no qualified, willing, and available American workers for the job, thus justifying the offer of employment to a foreign worker.

Since the revamping of the procedures in 2005, the labor certification process has become more streamlined. Let's explore the process step by step.

To start, employers should request a prevailing wage determination (PWD) from the State Workforce Agency (SWA) located in the state where the business resides. This critical step ensures that the immigrant worker will be offered a salary that meets or exceeds the typical wage for the position in question—a requirement updated to suggest 100% of the prevailing wage since the new rules were initiated.

Prior to offering the position to a foreign worker, the employer is obligated to perform due diligence in recruiting domestically. According to the Department of Labor (DOL) regulations, this involves advertising the job in various media avenues, including a statewide computer databank and widely circulated newspapers, ensuring the ads run on two different Sundays. For professional roles, additional recruitment steps outlined by DOL must also be followed.

If these recruitment efforts do not yield a suitable American candidate, the employer may file a Labor Certification Application using Form ETA-9089 with the Department of Labor. The DOL has aimed to expedite the review process, intending to respond to applications within 45 to 60 days.

Once labor certification is granted, the employer must file a visa petition using USCIS Form I-140. Subsequently, the immigrant employee will need to apply for a green card via adjustment of status or consular processing, depending on their current location. Sapochnick Law Firm is poised to assist you with each step of this complex journey.

Certain categories of workers may bypass the labor certification requirement. This list includes, but is not limited to:

• Individuals with extraordinary abilities in various fields, renowned professors and researchers, and multinational executives ("employment first preference").
• Immigrant investors contributing significantly to the U.S. economy ("employment fifth preference").
• Religious workers entering as "special immigrants" ("employment fourth preference").
• Occupations recognized as having a shortage in the U.S. and listed on "Schedule A."

At Sapochnick Law Firm, we possess the skills to facilitate your sponsorship of foreign workers for green cards, ensuring compliance with all federal requirements. For personalized guidance or to discuss your specific circumstances, please contact us at 619.819.9204. We are here to make the journey into the American workforce seamless for you and your prospective employees.