Employer-Based Green Card And Permanent Labor Certification
In this article, you will learn…
- If an employer can sponsor an employee for a green card,
- How long an employee is obligated to work for an employer after receiving a green card, and
- What a Permanent Labor Certification is.
Can An Employer Sponsor An Employee For A Green Card?
Certain employers can sponsor an employee for a green card. It depends on…
- The type of the work,
- The level of the degree,
- The medical position, or
- Other factors.
Not just any employer is able to sponsor someone for a green card, though. There are only certain employers who have this ability.
How Long Does It Take For Employers To Sponsor Green Cards?
It can take a little bit of time to go and get the petition for a green card improved. It could take a couple of months or even years to get approval. A lot of it depends on the employee/employer relationship and what position the employee has.
Once I Receive My Employer’s Sponsored Green Card, How Long Am I Obliged To Remain Working For The Employer?
Once you get a green card, you can apply to work wherever you want after two years. At that point, you’re a resident and no longer have to be obligated to just one employer.
What If I Am Terminated Shortly After My Green Card Approval?
If you are terminated shortly after your green card approval, it is more than likely that Immigration will call you or take note of it. They’re going to want to see what the reason was for the termination. Immigration will decide whether or not you’ll be able to stay based on what happened.
If You Are Terminated, Immigration Gets This Information That You Are No Longer Working With That Particular Employer?
The employer usually has the obligation to notify Immigration of the termination, as well as the employee.
How Long Is An Employment-Based Green Card Valid For?
Employment-based green cards can be valid for up to 10 years once approved. Sometimes it can be given conditionally for two years. Again, it just depends on how they view the application.
When Do I Need To Renew My Permanent Residence Card?
We usually recommend renewing it at least nine to six months prior to the expiration date. That way you can ensure that you don’t interrupt any kind of status that you have. It also enables you to have at least some sort of proof that you’ve already been in the process of renewing it for at least six to nine months if your card does expire.
When Can An Employer Start The Employee Green Card Process And How Long Does It Take?
As soon as an employer feels that they have the right qualifications and meet all the requirements to sponsor the person for the petition, the employer can start the employee green card process. It takes about six to eight months to get the green card approved. An employer will need to wait for a labor certificate or a visa to be concurrent for them to start the residency process.
It all depends on the employment category that’s being filed and whether or not a certification is needed. They also need to know whether or not there is a time wait by immigration before they go forward with the process.
What Is A Permanent Labor Certification And How Does An Employer Qualify For The Permanent Labor Certification?
The Permanent Labor Certification is a certification that’s given by the Department of Labor where they pretty much essentially categorize the specific offer of employment open to foreign labor. The idea is that the Department of Labor usually wants an employer to hire an American-based employee and they need to have a Permanent Labor Certification from the Department of Labor prior to petitioning an employee for a residency.
An employer qualifies for a permanent labor certification if they can meet all the conditions that the Department of Labor requires, which basically is to show…
- The need for the job,
- How no American worker can qualify for that particular job,
- The job offer letter,
- The wages being offered hourly, and
- The terms and conditions of employment.
Who Is Required To Pay For The Permanent Labor Certification?
Usually, the employer is required to pay for the Permanent Labor Certification. A lot of time, there can be an agreement between the employer and employee as to who will pay the fees. The Permanent Labor Certification is submitted by the employer, so that is usually who ends up paying the fees. There are different ways of paying for it.
With the guidance of a skilled attorney for Immigration Law, you can have the peace of mind that comes with knowing that we’ll make it look easy. For more information on Immigration Law in New Jersey, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (956) 766-4000 today.