Contact an Immigration Attorney in Los Angeles to Understand Employer’s Responsibilities

Before you embark on your path to citizenship in the U.S., as a working professional you might be thinking of applying for a green card through an employer in the states. Pursuing sponsorship from an employer is the best approach if you hope to make immediate, prompt changes within the next few years. If you get approved for an employer sponsored green card, you are eligible to stay for 10 years as opposed to two years. In this article we discuss what you should know about getting sponsored by an employer. If you have questions regarding the process or need legal immigration help in Los Angeles, reach out to our trusted lawyer at Grey Law Immigration.

What Is an Employer Sponsored Green Card?

An employer-sponsored green card is an option for those hoping to start their new lives through a prospective job opportunity. While there is more than one way to become a permanent resident in the U.S., this option is directly through an employer who is advocating on your behalf. For an employer-sponsored green card, your boss must submit immigration forms through the United States Citizenship and Immigration Services (USCIS) on your behalf. The employer would become your petitioner, and you would be classified as the beneficiary, meaning an individual who is receiving immigration benefits, which include:

• Ability to live and work in the U.S.
• Your spouse and children (unmarried and under 21) can qualify for green cards.
• Lower standards for approval compared to EB-1A visas.
• No need to have investments.
• Can become a U.S. citizen after five years.

The Permanent Labor Certification Process (PERM)

There are complexities surrounding the immigration process, especially employer sponsorship. The petition is based on the Permanent Labor Certification Process (PERM), which is the actual procedure an employer participates in. The certification allows them to hire a foreign worker to work in the U.S. permanently. To fully understand the process, we break it down for you in three steps.

(1)  Employers need to complete PERM. In this case, the employer would post the job description online, to see if there are qualified U.S. workers interested and available for the job. If there is no interest in the position, employers can submit their application to the Department of Labor (DOL). If it gets approved, this completes the first step of a long process. However, it is important to note there are fees associated with the application, including coverage for immigration attorney fees and costs to advertise the job online. Employment-based petitions can range from $1,500 to $7,000 through associated legal fees across the board.

(2)  Next, an employer must file an I-140 petition with the USCIS. It will provide them with vital information on the worker, company, and financial documents to indicate the company has the ability and resources for adequate payment. They may also investigate the job opportunity a second time before your sponsor can proceed. The USCIS might require a filing fee for the petition. However, your employer is not required to pay for it. As you move one step forward toward citizenship, you should be prepared to pay for additional costs in support of your sponsorship.

(3)  Finally, the USCIS will decide whether the certification is approved. If yes, you will be issued a priority date. When your visa is available, you can finally file Form I-485 (green card application). From this point, you should consider retaining work visas attorneys in Los Angeles if you are unfamiliar with the process. The last thing you want to do is miss a payment, misstep through an application or forget to submit documents. It can drastically push back your visa status from getting approved.

Failing to Pay for PERM Results in Serious Penalties

As an immigrant waiting to hear back about your legal status, you are not responsible for your employer’s actions or any part of the sponsorship process. However, if he or she fails to pay the costs associated with PERM, it can hurt your chances of coming to the U.S. Your visa is dependent on this job opportunity. Without it, you will find yourself at a crossroads between returning to your country or applying again at a later date.

The law mandates all employers must pay these costs, or the DOL will investigate resulting in more fines and penalties. If faced with this obstacle, reach out to an experienced work visa lawyer. Unfortunately, employers can choose to end their sponsorship or terminate the position at any time. It is best to plan ahead and discuss alternative plans with a legal professional, as well.

What Happens If A Mistake Is Made?

An employer should be familiar with PERM, or at least hire an attorney that does for the green card process to go smoothly. A minor mistake or typo can get an application denied immediately. If that happens, an employer loses their chance to sponsor you for a work visa. Nor will a refund for application and lawyer fees be issued. Unfortunately, this also means that you will not become a permanent resident as soon as you’d like. When you depend on a sponsor, make sure that he or she is qualified and able to provide information accurately and timely. If not, it will only impact you in the end. To avoid this from happening always discuss your immigration concerns with a work visa lawyer.

About Grey Law Immigration

At Grey Immigration, the values of integrity, honesty, commitment, and results are at the foundation of our firm. 

David Grey provides experienced representation to safeguard your rights through the immigration process. Whether it is advice, assistance with visa applications, or resolving an issue that is stalling your citizenship, we are here to help. At Grey Law, we strive to help clients through complex processes for positive results. Our Los Angeles immigration lawyers are well-versed in more than several practice areas:

• Family-Based Immigration
• Employment-Based Immigration
• Naturalization and Citizenship
• Permanent Residency and Green Card
• Deportation and Removal
• Immigrational Appeals
• Non-Immigrant Visas
• Criminal Victim Visa 

In the past year, COVID-19 has drastically impacted citizenship in the U.S. We have been able to adjust and act accordingly based on new restrictions and regulations. Our firm optimizes individual skills to produce superior results for all clients. For a free case review, give us a call at 323-622-1764 or email info@greylaw.com.