Labor Certification Sponsoring Future EmployeesThis is an overview of the process by which a business or individual can “sponsor” a person for permanent residence (a “green card”) through a job offer also known as “Labor Certification.” This process is based on your intent to hire an experienced worker in the future for a specific job for which there are insufficient US workers.
There are three stages in this process:
1. Job Offer – We ask you to complete, sign, and forward to our office an application providing information about your business and the individual you would like to sponsor. We also ask you forward our office a copy of your business' last income tax return so that we can ensure your company qualifies as a sponsor. Our office will prepare the required forms and supporting documents for the application. We will file the application with the U.S. Department of Labor. This application can be filed for persons in the USA or abroad. The application will include an average wage determined by the Labor Department for someone working in a similar position.
- Recruitment – Testing the Job Market– In order to file the application, we must place advertisements in a major newspaper and with the local job service seeking applicants for the position. If anyone responds to the ads, we ask that you take their information, & forward it to us with information on whether they can be hired.
2. Income Verification – Once the above is approved, we will prepare and file the next application to the Immigration Service. Immigration requires a copy of your last tax return to confirm that you/your business has sufficient income to hire the future worker. Immigration does not involve the IRS or subject you to audit. In order to qualify, the net taxable income on your return must exceed the amount of the sponsored individual’s wages.
3. Permanent Residency – Once the above is approved, we file final applications for permanent residency for the future worker and their spouse and children (<21 years of age).
- If the future worker is lawfully in the USA, we will file applications to change status and obtain permanent residency in the USA. The applicant should begin working for you once they receive permission to work (employment authorization). Workers not lawfully in the USA must apply for a waiver or await a change in the immigration laws.
- If the future worker is overseas, we will file applications for them to obtain immigrant visas so that they can enter the USA with permanent residency.
In order to begin, please sign the enclosed application and provide us with your company’s Federal Income Tax Return for the past year to verify your eligibility to act as a sponsor of a future employee. If you have any questions, or require information, please contact me or Ewa at (773) 774-0011.