What are Employment-Based Green Cards?
People who own a business in America may want to consider sponsoring a foreign national via an employment-based green card. This makes good business sense, but it will only work as long as you meet a few basic requirements.
The bottom line is you must be able to convince the US Department of Labor about the legitimacy of your application. They, in turn, will want to make sure that your application is not circumventing any laws.
A faster option
An employment-based green card sponsorship allows you to bring a foreign national into the US much faster than a family-based green card. This is why so many American business owners prefer this route. However, before applying for an employment-based green card for a foreign national, it is necessary for the business to look for employees in the US. Your business must make sincere efforts to find a US national to work for them in that position.
Keep in mind that the US Department of Labor will suspect you of an illegitimate application if you are found to be sponsoring a person of your own family. The PERM labor certification process requires US employers to first look for local employees before making an employment-based green card for a foreign national.
Types of family relationships
There are different types of family relationships, and so it is necessary to start by identifying a sponsored foreign national as a family member on your PERM application. There is a broad range of options covering any relationship based on marriage or blood or adoption.
It is important to note that the person you are sponsoring qualifies as a family member according to the Department of Labor’s definition of a family member.
Cousins are considered family members and so too are stepchildren, step-parents as well as in-laws. Even same-sex relationships are considered valid provided the same-sex marriage is legal in the place where the marriage took place.
When applying for an employment-based green card for a foreign national, you must answer this question correctly. If you try to hide a family relationship, the Department of Labor can refuse your application or even revoke a previously granted approval.
Apply in good faith
It is also necessary to make sure that your application is made in good faith. To determine whether you acted in good faith or not, the Department of Labor will look at the overall circumstances. You should be ready to provide documents establishing the fact that a legitimate job is being offered.
Also, unless the foreign national’s qualification is appropriate and genuine, your application may not be approved. Do not make the mistake of forging employment or educational records for the foreign national as that could be detected. If detected, it would lead to not just denial but also penalties including banning you for hiring other foreigners for a definite period of time.
Local US employees
You must also prove that after checking out local US employees you were unable to find a suitable employee for the job. Also, make sure that you do not raise the suspicions of the US Department of Labor.
They will not be ready to offer PERM certification if the foreigner being sponsored founded the American company or owns or partly has ownership of the company. If the foreigner is already helping to manage the company or if he is a member of the board of directors, then again obtaining PERM certification will be difficult.
Certain foreign nationals are given preference. These include those with extraordinary abilities. Also, those with outstanding educational qualifications and managers of multinationals and executives will also be given first preference.
Second preference is given to foreigners who are members of any profession and who hold an advanced degree or who possess extraordinary abilities. Lastly, third preference is given to foreign nationals who are skilled workers or professionals or executives.
What are Green Card for Foreign Employees of the US Government?