Many employers in the United States can sponsor an individual for permanent residency. Most positions require what is known as an Alien Labor Certification. The U.S. Department of Labor is in charge of administrating a program known as PERM to determine that there is the lack of US workers to perform the duties that the employer is seeking the employee to perform. The process requires various advertisements, job postings, and recruitment in the general area of employment to see if there are US workers available for the position.
In the event that there is a shortage of workers, an employer can continue to process a Labor Certification application that is approved by the US Department of Labor with USCIS in terms of getting a resident status for their employee. Many factors determine whether or not a person is eligible and need to be carefully considered before continuing or deciding to sponsor an employee for the position.
If you are living outside of the United States at the time you are applying for a Green Card with an employer sponsor, you will have to go through Consular Processing to have a visa issued for you. In the event that you are living in the United States at the time that you are applying for your Green Card, you will have to adjust your status. The form you must fill out is known as the I-140, or the Immigrant Petition for Alien Worker and then you must wait for a visa number to become available, which may take some time. When you do get your visa number, you can then apply to become a permanent resident using the I-485 form.
If you are in need of experienced legal counsel for matters of immigration, please contact the Law Offices of Salvatore A. Falletta, LLC.