  | Job Sponsorship for Permanent Residence
For people who do not have close relatives who are US Citizens or who have green cards, the work they do may be the best way to get permanent residence in the U.S. Under the US immigration law professionals and skilled and unskilled workers can qualify for a green card.
To get a green card from a job, the person needs an employer in the US. The employer is sometimes called the sponsor. The sponsor must have a full time job for the person and must be able to show it can afford to pay the usual salary of the job.
The sponsor must obtain a Labor Certificate from the US Labor Department. The procedures for getting the Labor Certificate are quite complicated. A lawyer experienced in Immigration Law can help with the procedure.
Application forms are filled out by the employer or the lawyer and sent to the state labor department. One form describes the job duties, hours, wages, and the minimum previous experience needed to qualify for the job. The other form gives information about the person being sponsored including the person's previous experience.
When the forms are reviewed and approved by the state labor department, the job must be advertised. As part of the Labor Certificate procedure, a search must be made for a US worker or a person with a green card who is qualified for the job. If a person applies for the job who is authorized to work, has the required previous experience, and wants the job, the sponsorship case must stop. For this reason, most successful sponsored cases are for jobs where there is a shortage of workers in the US.
Jobs that have had success in the past include import export, jobs requiring use of a foreign language, household cooks, automobile mechanics, tailors, highly skilled carpenters, and cooks of foreign food, complex computer, engineering, or other professional level jobs, and others.
The person being sponsored must give proof that he/she has had the required minimum experience. This is usually done with a letter from the person's previous employer describing what the person did on the job, and the dates worked.
If no qualified US worker is found, then the state labor department will send the papers to the US Department of Labor which makes the final decision on the labor certificate application. If all has been done correctly and no qualified US workers were found, the labor certificate will be issued.
After the certificate is issued, the employer or the lawyer sends a petition to the Immigration Service. The labor certificate must be attached to the petition and other papers. The Immigration Service needs proof that the job actually exists, that the person has the previous experience required, and that the employer sponsor can afford to pay the wages offered.
After the Immigration Service is satisfied, it will send a petition approval notice. When the person is reached on the waiting list, the person can apply in the U.S. for an adjustment (change) of status to permanent residence if they are in legal status or apply at a U.S. consulate if they have not been out of status for over six months. If the application is approved, the INS will change the person to green card status or the consul will issue a green card visa. The immediate family can be included in the application.
Here is an example. Mr. Chan lives in Hong Kong where he has been a cook of Chinese style food for about five years. He has a cousin or a friend in the US who spoke to a restaurant owner in New York that needs a good cook. The owner agrees to sponsor Mr. Chan. The owner signs forms prepared by the lawyer describing the job. Mr. Chan also signs papers and sends them back to the lawyer.
The lawyer sends the papers to a local office of the NY State Labor Department. After several months, the Labor Department tells the lawyer to have the restaurant run an ad for the job. The employer, assisted by the lawyer, puts an ad in the newspaper for a cook of Chinese style food, with four years of experience at the usual wages. The ad runs three times.
Two people answer the ad. One has no authorization to work, the other has only one year experience. Neither of them is qualified so the case for Mr. Chan continues. The State Labor Department sends the papers to the US Department of Labor which issues the labor certificate.
The lawyer then sends a petition to the sponsor restaurant to sign. The lawyer sends the signed petition to the Immigration Service. The Immigration Service asks for proof that Mr. Chan has at least four years experience and also asks to see the income tax return of the restaurant to make sure it has enough money to pay the salary of the new cook. Later, the Immigration Service sends the petition approval notice to the lawyer and to the US consul. When Mr. Chan reaches the top of the waiting list, the lawyer arranges for the U.S. consul to interview Mr. Chan and his family. The Consul wants to know if Mr. Chan has the experience, if he has ever had problems with the police, if his health is OK. If all is approved, the Consul issues immigrant visas to allow Mr. Chan and his family to enter the U.S. as permanent residents. Mr. Chan then goes to work for the restaurant.
Each case is different. This was a brief description of what can be a complicated procedure. You may want to consult a lawyer experienced in immigration law before sponsoring someone or before being sponsored.
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