Sponsoring a foreign worker for U.S. permanent residency (also known as a green card) involves a multi-step process that requires coordination between the employer, the employee, and various government agencies. This pathway falls under the umbrella of employment-based immigration, often through visa categories like EB-2 or EB-3. Here's how the process works:

1. PERM Labor Certification (U.S. Department of Labor)

The first step is to obtain a PERM Labor Certification from the U.S. Department of Labor (DOL). This certification confirms that there are no qualified, willing, and available U.S. workers for the job at the intended location and hiring the foreign worker will not negatively impact the wages and working conditions of similarly employed U.S. workers.

The PERM process is detailed and time-sensitive, involving recruitment efforts, job postings, and strict compliance with DOL regulations. It typically takes between 6 and 18 months, depending on DOL backlog and workload, the job’s complexity and industry, and whether the application is selected for audit

This is a crucial step in business immigration, and accuracy in the application is essential to avoid delays or denials.

2. Immigrant Petition (USCIS – Form I-140)

Once the PERM is approved by the DOL, the employer must file Form I-140, Immigrant Petition for Alien Worker, with U.S. Citizenship and Immigration Services (USCIS). This petition demonstrates the employer’s ability to pay the offered wage, the legitimacy of the job offer and that the foreign worker meets the qualifications listed in the PERM certification 

Processing times for the I-140 typically range from 4 to 12 months. 

3. Adjustment of Status or Consular Processing (Form I-485)

Upon I-140 approval, a foreign worker can pursue lawful permanent residency. If in the U.S., this is done by filing Form I-485, or through consular processing if outside. Notably, depending on visa availability, I-140 and I-485 filings may occur concurrently.

Some considerations: If your business wants to sponsor a foreign worker, you should demonstrate your ability to pay the prevailing wage for the position. If it’s you case and are considering hiring a foreign worker, you must consult one of our business immigration attorneys legal professionals to ensure compliance with all requirements and navigate the complex process.

Obtaining an employer to sponsor an employment-based green card is challenging but achievable. For those meeting specific criteria, entering the diverse realm of business immigration is a viable possibility.

• Target High-Demand Sectors

Getting an employment-based green card is often an attractive path for foreign professionals who wish to establish permanent residence in the United States. Sectors such as technology—with its constant innovation and demand for specialized skills—as well as healthcare, which faces a critical need for medical and support personnel, tend to be more inclined to sponsor foreign employees in this process. Similarly, fields like engineering, which are essential for infrastructure and technological development, and education, which consistently requires highly qualified teachers and researchers, are also more likely to offer this opportunity.

The reason behind this willingness lies in the need to fill specialized positions that cannot easily be met with local talent. By sponsoring international workers, these industries not only address skill shortages but also incorporate diverse perspectives and experiences that enrich their operations and foster innovation.

This sponsorship, beyond being a practical hiring solution, becomes a key strategy for long-term growth and competitiveness in a globalized market.

By sponsoring foreign workers, all businesses face some challenges, risks and liabilities that must be handled carefully. By entering in this process, companies get involved in financial responsibilities, compliance issues and potential damage of image if they fail to meet strict requirements.

1. Compliance with Labor Laws

Employers must undertake a comprehensive labor market test, adhering strictly to the guidelines set forth by the Department of Labor (DOL). Non-compliance, whether intentional or unintentional, can lead to significant setbacks and repercussions. Erroneous job postings that do not accurately reflect the position's requirements, offering wages below the prevailing rate as determined by the DOL, or neglecting to complete all required recruitment steps are common pitfalls. Such errors can trigger a DOL audit, which can significantly delay the process. Even worse, a denial of the PERM application can force the employer to restart the process, incurring further time and expense. In severe instances, blatant violations of the regulations may result in legal penalties.

       2. Wage Obligations

In the realm of business immigration, employers bear a critical responsibility: proving their financial capacity to compensate the foreign worker at the offered wage. The imperative to demonstrate this 'ability to pay' is not merely a procedural formality but a fundamental requirement that underpins the integrity of the immigration system and the protection of both foreign and domestic workers' rights. Employers must meticulously prepare and maintain records that substantiate their financial stability and the availability of sufficient funds to meet the promised salary. Failure to provide unequivocal evidence of this capacity can result in the outright denial of the I-140 petition, effectively halting the foreign worker's path to permanent residency and disrupting the employer's hiring plans. Moreover, such a failure can expose the employer to significant legal repercussions, including potential liability for violations of federal labor standards.

     3. Changing Business Conditions

Significant organizational changes, such as mergers, layoffs, or restructurings during the sponsorship period, can invalidate the job offer and complicate immigration processing. If these occur after filing documents, it's crucial to immediately consult legal counsel to address potential negative impacts and ensure legal work status. Failure to do so could lead to serious immigration issues.

     4. Post-Sponsorship Expectations

A fundamental requirement for sponsorship is the presence of a genuine and bona fide job offer. This signifies that the position is real, actively available, and the employer intends to hire the foreign worker to fill it. Furthermore, sponsorship implies a commitment to a longer-term employment relationship. While it is unrealistic and impractical for an employer to guarantee lifelong employment, there should be a reasonable expectation of continued employment beyond the mere procurement of the green card.

Should a sponsored worker depart from the company relatively soon after acquiring their green card, it can trigger potential concerns and raise red flags with the United States Citizenship and Immigration Services (USCIS). This is because such an early departure may cast doubt on the initial intent and the genuineness of the job offer at the time of sponsorship. USCIS may perceive this as an indication that the sponsorship was primarily a means to obtain a green card rather than a genuine effort to fill a legitimate, long-term employment need. Consequently, this could lead to increased scrutiny and potentially adverse outcomes during future reviews or immigration-related applications by the employer.

It is crucial to emphasize that employers are not obligated to offer or guarantee a lifetime of employment to sponsored workers. However, employers must approach the sponsorship process with a sincere intention of establishing a long-term working relationship. Sponsoring a role that is inherently short-term, temporary, or lacks long-term viability may invite significant scrutiny from USCIS.

Sponsoring international talent significantly enhances a company's growth and competitiveness. By accessing a global talent pool, companies acquire specialized skills and diverse perspectives, fostering innovation and strengthening market presence. This strategy enables businesses to fill crucial skill gaps that may not be locally available, facilitating expansion into new markets and enhancing global reach.

Some of the key advantages of sponsoring foreign talent:

• Broader Talent Acquisition: Recruit qualified individuals from around the world, accessing unique expertise.
• Enhanced Global Mobility: Facilitate international employee transfers, supporting global operations and attracting talent seeking flexible work.
• Market Expansion Support: Send experienced personnel to oversee operations in new markets, ensuring successful growth.
• Innovation Promotion: Introduce diverse viewpoints, fostering new ideas and creative problem-solving.
• Improved Customer Relations: Better cater to a global clientele by understanding and meeting diverse customer needs.
• Stronger Competitive Edge: Attract and retain top international talent, gaining a strategic advantage in the industry.

Ultimately, sponsoring foreign talent through business immigration is a strategic investment that cultivates a resilient, globally aware, and innovative workforce—propelling long-term company growth and strengthening competitive advantage in an increasingly interconnected market.

At Tingen Law, we guide employers through every stage of the employment-based immigration process, ensuring full compliance with Department of Labor (DOL) regulations and maximizing your chances of a successful sponsorship and reducing risks of facing any possible penalties. One of our business immigration attorneys can help you by:

• Identifying positions that qualify for sponsorship and develop long-term business immigration strategies that align with company growth. Whether you’re hiring foreign talent for the first time or scaling a global team, we provide clear legal frameworks to support your goals.
• Our team manages the PERM (Program Electronic Review Management) process, guaranteeing your recruitment activities align with all Department of Labor requirements. This includes providing guidance on necessary advertising procedures, confirming job descriptions and minimum qualifications are accurate, preparing and assessing recruitment reports, and ensuring all timelines and documentation are precise and prepared for audits.
• We assist employers in demonstrating their ability to pay the prevailing wage, ensuring proper documentation and financial records are submitted. We also verify that job offers are structured to meet all DOL and USCIS standards.
• Also we offer continuous compliance assistance to employers after business immigration cases are filed, covering DOL audits, RFEs, sponsorship compliance, and changes in business or employee situations.

At Tingen Law, we blend legal precision with a deep understanding of employer realities. With a strong track record in both immigration and employment law, Tingen Law empowers businesses to recruit and retain top global talent—confidently and compliantly.