U.S. employers may use the Green Card process to help eligible foreign workers get a green card for permanent residence. In places where talent is not readily available like tech, engineering, healthcare or academia, this pathway really helps. Nonetheless, getting employer sponsorship means understanding and following several steps set by law. This guidance discusses what employers need to do to sponsor a foreign national for a Green Card.
Step 1: Determine the Appropriate Employment-Based (EB) Category
Employers must first identify the correct Green Card category based on the employee’s qualifications:
EB-1: For outstanding professors, researchers, and executives.
EB-2: For workers with advanced degrees or exceptional ability.
EB-3: For professionals with a bachelor’s degree or skilled workers.
Each category has different requirements and processing times. EB-2 and EB-3 are the most common for employer sponsorship.
Step 2: Meet Basic Sponsorship Criteria
To sponsor an employee, the employer must:
Be a legally operating U.S. business or institution.
Have the financial ability to pay the offered wage (proven with tax returns, financial statements).
Offer a permanent, full-time job.
Step 3: Obtain a Prevailing Wage Determination (PWD)
Employers must request a prevailing wage determination from the U.S. Department of Labor (DOL). This ensures the foreign worker is paid according to their job role and geographic location.
Step 4: Conduct the PERM Labor Certification Process
(Required for EB-2 and EB-3 Categories)
PERM (Program Electronic Review Management) is a mandatory process for most employer-sponsored Green Cards:
Recruitment Efforts:
Advertise the job in newspapers, online job boards, and internally.
Post a job notice at the workplace.
Conduct recruitment within 180 days before filing.
No Qualified U.S. Worker:
Employer must show that no qualified U.S. citizen or permanent resident applied for the role.
File ETA Form 9089:
Once recruitment is complete, submit ETA 9089 to the DOL.
Step 5: File Form I-140 (Immigrant Petition for Alien Worker)
After PERM is approved, the employer must file Form I-140 with USCIS. This form proves:
The job offer is genuine and full-time.
The employer has the ability to pay the offered wage.
The foreign worker meets the job qualifications.
Step 6: Wait for Priority Date to Become Current
Once I-140 is filed, a priority date is assigned. The employee must wait until their priority date is current according to the Visa Bulletin before moving to the final step.
Step 7: Green Card Filing by the Employee
If in the U.S., the employee files Form I-485 (Adjustment of Status).
If abroad, they undergo Consular Processing at a U.S. embassy or consulate.
The employer’s involvement typically ends once the I-140 is approved, unless additional documentation or follow-up is needed.
Visit https://helpingreencard.com/ for the most recent information, assistance, or more thorough instructions on how to apply for a green card outside of the United States. We are available to assist you at every stage.
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