September 2018: An Overview of Employer Sponsored Immigration (aka Employment Based Immigration)
We had such a great response to our videos in August about Family Based Immigration. Thank you for your likes, shares, comments, and questions. We also are thrilled with the new clients we have signed on and the returning clients who have come back to us for additional services. Our goal is to make your experience as stress-free as possible. We know we have achieved that goal when you come back and refer your friends. Thank you for trusting us.
This month, September 2018, we are going to continue talking about immigration with a focus on Employer-Based immigration. We have successfully helped business and individual clients obtain visas and green cards through employer sponsorship. We will be creating videos and blog posts to answer many of the questions that we receive. If you have any questions, please submit them to us on our Facebook page or on our website.
Many people, especially older married children of immigrants are frustrated with the long delay between application for a visa and review of their file/approval. When you have an employer that can sponsor you, or a qualified business of your own, the times may be significantly decreased.
Since, immigration terms can be confusing this first blog post in our Employer Based immigration series is intended to provide some definitions and explanations about Employer sponsored visas and immigration.
What does EB stand for?
EB stands for Employment Based. These initials are used in front of several different types of visas that are granted through employment based sponsorship. However, there are many visas that can be granted for employment based sponsorship that do not begin with EB.
What types of foreign labor can be sponsored by businesses?
Businesses can apply for time limited visas (such as an H1B) or a green card aka lawful permanent residency (“LPR”) for their foreign labor employees.
What is employer-sponsored immigration?
Employer-sponsored immigration is when a business sponsors a foreign laborer or foreign national as an LPR through a permanent job offer.
What is the difference between Immigrant and Nonimmigrant Status?
Someone with immigrant status is working toward becoming an LPR and eventually a US Citizen.
Someone with a nonimmigrant status is in the US temporarily and they are not considered to be moving toward becoming a US Citizen. Some can apply to change their status to become an LPR.
Can an employer apply for a green card for foreign workers?
Yes, an employer can apply for a green card for their workers which provides the worker what is known as “lawful permanent status” so they are now a “lawful permanent resident” (“LPR”).
This is not the most common application for employers but it can be done.
What is the most common application for employers to sponsor someone?
As of July 2018 the most common application filed by employers for foreign workers is the H1B visa.
Is there a limit on how many workers can be granted a green card through their employer’s application?
Yes, there is a limit. The US Department of State (State Department) is the agency that determines the immigrant visa numbers. Employment based immigrant visas are limited to 140,000 per year. There are also limits on the percentage of immigrant visas that are alloted to each country.
What is the first step in employment-based immigration?
The first step in employment- based immigration MOST OFTEN is a company must obtain an approved Application for Permanent Labor Certification from the US Department of Labor. This is also referred to as a PERM.
Once that is obtained (or if a PERM is not necessary) the employer files a form I-140 for the employee.
Is there a limit on how many workers can be granted a visa through their employer’s application?
Yes, just as there is a limit on applications for green cards through employment sponsorship, there is a limit on temporary worker visas that are granted yearly.
What is an EAD?
An EAD is an employment authorization document. This allows a person to work in the United States legally.
We hope this post helped. Employment-based sponsorship is very complex and we highly suggest that you contact our office to assist with this process.
Legal Disclaimer: The legal information presented on this site should not be construed to be formal legal advice, nor the formation of an attorney/client relationship. Any results set forth herein are based upon the facts of each particular case and do not represent a promise or guarantee for your case. Please contact our office for a consultation on your particular legal matter.