My answer to Work Visas: How difficult is it for a US employer to sponsor a greencard? What are the costs involved,…
Answer by Raad Ahmed:
You’ve been provided with a lot of useful information in the answers submitted, but I’d like to focus my response a bit more on the process and considerations you should make throughout it.
First, and I can’t stress this enough, the duration of the process varies and includes various steps. There is no quick solution, but one thing that can be incredibly helpful is to make sure that you don’t make mistakes that prolong the process.
Here are a few things to keep in mind:
- For most situations, the employer must file a labor certification. This document indicates that there are no qualified or available US employees available for the position. The employer may need to provide proof that they have completed adequate outreach for the position as well as outlining the specific requirements for the job.
- It is the responsibility of the employer and foreign national to determine whether or not the visa recipient is eligible for lawful residency.
- If the position requires a labor certification (not all do) then then the employer will also have to file a I-140.
- The Department of the State is required to give the recipient an immigration number. This is only done once the priority date is current. This part of the process may take some time and is not instantaneous.
- If you have a current priority date and you are already in the US, then you can file for an adjustment status. However, if you are still outside the US then you can go through the consular process at the appropriate Consulate Office or U.S. Embassy.
- Note, spouses and minor children qualify for the same status and same order of consideration as the applicant.
As you can see, the process is pretty complex. It’s not a one-size-fits all solution because many factors must be taken into consideration such as:
- Type of work visa that you are applying for
- Employment status
- Criminal history
It would be best to consult an immigration attorney to discuss the specifics of your case.can connect you with a seasoned immigration attorney that understands the ins and outs of the entire process. Our attorneys are not only affordable and flexible, but incredibly qualified to meet your needs. Check out our website and get in touch to learn more.