Guide to Self and Employer Sponsorship Visas in the USA

Understanding the complex process of obtaining a green card through employment in the USA can be complex. Whether you’re seeking self-sponsorship or employer sponsorship, understanding the procedure involved is important. This guide from Passage Law aims to provide you with all the essential information and practical solutions for your journey.

Differences Between Self-Sponsorship and Employer Sponsorship

Self-Sponsorship

• Independence: No need for a job offer or employer backing.
• Requirements: Higher standard for proving extraordinary ability or national interest.

Employer Sponsorship

• Job Offer Required: Must have a permanent job offer from a U.S. employer.
• Labour Certification: Requires a labour certification process to prove the need for foreign workers.

Understanding Self-Sponsorship Visa USA

A self-sponsorship visa USA allows individuals to sponsor themselves for a green card without needing an employer. This route is particularly beneficial for those who possess exceptional skills or achievements.

What is Self-Sponsorship?

Self-sponsorship refers to the process where an individual petitions for their green card without employer backing. This can be done through various visa categories, including the EB-1A and EB-2 National Interest Waiver (NIW).

Eligibility for Self-Sponsorship

To qualify for self-sponsorship, one must prove extraordinary ability in their field. This includes:

• EB-1A Self Petition: This category is reserved for people who possess exceptional talent in business, education, the arts, sciences, or athletics.
• EB-2 Self Petition: Requires an advanced degree or exceptional ability and a waiver of the job offer requirement in the national interest.

Application Process

The self-petition green card process involves:

1.     Filing Form I-140: This is the Immigrant Petition for Alien Workers.
2.     Providing Evidence: Documentation of extraordinary ability or national interest.
3.     Adjusting Status: If in the USA, file Form I-485 to adjust status to permanent resident.

Passage Law can assist you through each step, ensuring your application is perfect and meets all requirements.

Employer Sponsored Green Card

An employer sponsored green card is obtained through an employer’s petition, usually under the EB-2 and EB-3 categories.

What is Employer Sponsorship?

Employer sponsorship involves an employer filing a petition on behalf of an employee to obtain a green card. This is a common route for professionals and skilled workers.

Eligibility for Employer Sponsorship

To be eligible for an employer sponsored green card, you usually need:

• A permanent job offer from a U.S. employer.
• A labor certification from the Department of Labor (DOL), proving no qualified U.S. workers are available for the position.

Application Process

The green card employer sponsorship process involves several steps:

1.     PERM Labor Certification: The employer must obtain a labor certification from the DOL.
2.     Filing Form I-140: The employer files the Immigrant Petition for Alien Worker.
3.     Adjusting Status: If in the USA, the employee files Form I-485 to adjust status to a permanent resident.

Passage Law specializes in understanding the complexities of the green card employer sponsorship process. We assist employers in preparing and submitting all necessary documentation to ensure in line with immigration laws.

Employment-Based Visa Categories

Employment-based visas in the USA are divided into several preference categories, each serving different types of workers and skill levels. Understanding these categories is essential for choosing the right path for your green card application.

EB-1: Priority Workers

The EB-1 category is for priority workers and includes three subcategories:

• EB-1A: People who possess exceptional aptitude in the arts, sciences, business, education, or athletics. This category allows for self-petitioning.
• EB-1B: Outstanding professors and researchers with at least three years of experience in teaching or research.
• EB-1C: Multinational managers or executives who have been employed by a qualifying organization abroad.

EB-2: Experts with Advanced Degrees or Extraordinary Skill

The EB-2 category is for professionals holding advanced degrees or individuals with exceptional ability in their field. It includes:

• EB-2 NIW: National Interest Waiver, which allows for self-petitioning if the applicant’s work benefits the national interest of the USA.

EB-3: Skilled Workers, Professionals, and Other Workers

The EB-3 category includes:

• Skilled Workers: Jobs requiring at least two years of experience or training.
• Professionals: Jobs requiring a bachelor’s degree.
• Other Workers: Unskilled positions that require less than two years of training or experience.

Passage Law is an expert at handling applications across all employment-based visa categories. Our experienced attorneys guide you through every step, from determining eligibility to filing petitions and adjusting your status.

How to Apply for a Green Card via Employment

1.     PERM Labor Certification: The employer must obtain this certification from the DOL, proving there are no qualified U.S. workers available for the job.
2.     Filing Form I-140: This Immigrant Petition for Alien Worker is filed by the employer on behalf of the employee.
3.     Filing Form I-485: If the applicant is in the USA, this form is used to adjust status to permanent resident. If abroad, consular processing is required.

How Passage Law Helps Employers and Employees

Passage Law assists both employers and employees in understanding the green card employer sponsorship process. We provide comprehensive services, including:

• Eligibility Assessment: Evaluating whether the job and the employee qualify for a green card.
• Documentation Preparation: Ensuring all necessary documents are prepared and submitted accurately.
• Compliance Guidance: Helping employers comply with DOL and USCIS requirements.
• Filing and Follow-Up: Managing the entire application process from filing to approval, including responding to any RFEs (Requests for Evidence).

Understanding Green Card Sponsor Requirements

For an employer to sponsor a green card, they must meet specific requirements, including:

• Job Offer: A permanent, full-time job offer in the USA.
• Labor Certification: Proving that no qualified U.S. workers are available for the position.
• Ability to Pay: Proving the financial ability to pay the employee’s salary.

Passage Law provides detailed guidance to employers to ensure they meet all these requirements, facilitating a smooth sponsorship process.

Finding Jobs That Sponsor Green Cards

Finding jobs that sponsor green cards can be challenging but is achievable with the right approach:

• Research: Look for companies with a history of sponsoring green cards.
• Networking: Connect with professionals in your field who have secured employment-based green cards.
• Job Portals: Use job search platforms that filter listings based on visa sponsorship availability.

Passage Law can help you assess your situation and choose the most suitable pathway for your green card application.

Passage Law’s Comprehensive Services

Throughout your journey to obtain a green card, Passage Law offers:

• Expert Consultation: Initial consultations to determine the best visa category for your situation.
• Application Assistance: Comprehensive support in preparing and filing all necessary forms.
• Ongoing Support: Continued guidance throughout the application process, including responding to any legal challenges.

Contact Passage Law

For expert assistance with your self-sponsorship or employer sponsorship visa application, contact Passage Law today. Our dedicated team of immigration attorneys is ready to help you achieve your goal of permanent residency in the USA.

FAQs on Sponsorship Visas

Can I Sponsor Myself for a Green Card?

Yes, you can sponsor yourself for a green card through the EB-1A or EB-2 NIW categories. Passage Law can guide you through the self-petition green card process, ensuring all eligibility criteria are met.

How Can Companies Sponsor a Green Card?

Companies can sponsor a green card by offering a permanent job and obtaining a labour certification from the DOL. They then file Form I-140 on behalf of the employee. Passage Law assists companies in understanding this process smoothly.

What Are the Requirements for Employer Sponsorship?

Requirements include a permanent job offer, labour certification, and filing Form I-140. Passage Law ensures that employers meet all regulatory requirements for a successful petition.

Can an LLC Sponsor an H1B Visa?

Yes, an LLC can sponsor an H1B visa if it meets the USCIS criteria. The company must prove the ability to hire, pay, and supervise the visa holder. Passage Law provides comprehensive support for LLCs in the H1B visa process.

How to Find Jobs with Sponsorship USA?

Finding jobs that offer green card sponsorship jobs involves researching companies known for sponsoring visas, networking, and utilizing job search platforms. Passage Law offers resources and guidance to help you in your job search.