PERMANENT RESIDENT ALIEN STATUS

THROUGH SPONSORSHIP BY

A U.S. EMPLOYER

 U.S. employer [corporation, partnership, individual, etc.] may sponsor a foreign worker for U.S. Permanent Resident Alien Status [the "green card"] through a three-step application process involving the U.S. Department of Labor and the U.S. Immigration and Naturalization Service. The three steps are: (1) The employer files an ETA 750 Application For Alien Employment Labor Certification with the U.S. Department of Labor, (2) The employer files an Immigrant Petition For Alien Worker, and (3) The foreign worker being sponsored files an Application for U.S. Permanent Resident Alien Status [e.g. a "Green Card"] for himself and for his immediate family members.

STEP 1: ETA 750 Application For Alien Employment Labor Certification

First, the U.S. employer sponsor must prove that there are no American workers who are ready, willing and able to take the job which will be offered permanently to a foreign worker. Proving this fact involves a process of advertising the job offer in the local newspaper or sometimes in a professional or technical journal or on the internet. Also, a notice describing the job offer must be posted in the workplace of the employer. If there are any American workers who respond to the job offer, then the employer must interview them to determine whether they are really qualified for the job. If any one of the American worker applicants is truly qualified for the job, then the employer will not be approved by the Department of Labor to hire the foreign employee. On the other hand, if there is a reasonable and lawful reason for the employer not to find any American worker applicants qualified for the job then the employer will be granted a "Labor Certificate" by the U.S. Department of Labor acknowledging that a foreign worker may be hired for the job. Under the "Reduction In Recruitment" labor regulations, the advertising of the job offer is posted first and then the ETA 750 Application is submitted with proof of the advertising and the employer’s summary of the recruitment results to the appropriate Labor Department office.

STEP 2: Petition For Immigrant Worker

With Labor Certificate [completion of step 1] in hand, the employer then files a Petition For Immigrant Worker with the U.S. Immigration Service [INS] on behalf of the foreign worker he wants to sponsor for Permanent Residence. In this stage, the INS focuses primarily on the ability of the employer to pay the wage required for the job, and, the actual education, training or experience qualifications of the foreign worker who will be getting the job. If these requirements are satisfied, then the INS will approve the petition on behalf of the employer for the foreign worker. The foreign worker is also given a "preference classification" according to the level of qualifications required for the job and a "priority date" which establishes his place in the "line" of all other immigrant workers waiting for final processing for Permanent Resident Alien Status. At this moment, any applicant who has been approved for an employment position that requires at least two years training and experience can immediately begin processing his or her application for U.S. Permanent Resident Alien status.

STEP 3: Application For Permanent Resident Alien Status

 

With immigrant approval in hand, the foreign worker may then apply to become a U.S. Permanent Resident Alien. The worker’s spouse and unmarried children under the age of 21 years can also apply for residence with the worker. At this stage of the processing, the INS takes a close look at the worker’s personal record, including criminal history and medical history. If there is no reason to exclude the worker from immigrating to the USA, then the worker is granted Permanent Residence and can then take the job being offered by the U.S employer. Five years after acquiring the Permanent Resident Alien status, the worker will be eligible to apply for U.S. citizenship, even if he is not working for the same U.S. employer.