Your Boss May Be Causing You To Lose Out On Citizenship
Your dream goal of moving to the United States is seemingly within reach, but are you worried your employer isn’t taking all the right steps to help you get there? US employers have a responsibility to sponsor their prospective employees so that they can become permanent residents.
Getting a green card and gaining US citizenship can still be a long process. According to workpermit.com: “Your employer will probably want to use a temporary (‘non-immigrant’) visa to get you to the US; once you are there you can embark on the longer process of getting permanent residence.
Both parties need to go through a multi-step process in order for this to work, and all steps must be completed before you are able to enter the US and start work. Below, we’re going to go over some of the steps your employer should be taking to ensure that you can eventually gain US citizenship.
First, Are You Suitable for a Visa?
According to USCIS.gov, a US employer may sponsor a prospective or current foreign national employee who is inside or outside the United States and who may qualify under one or more of the employment-based (EB) immigrant visa categories.
The categories of visas you may be suitable for include the following:
- EB-1: Priority workers
- EB-2: Professionals with advanced degrees or persons with exceptional ability
- EB-3: Professional or skilled workers
- EB-4: Special immigrants
For more detailed information on each of these categories, visit this USCIS resource.
Next, Employer Files Petition
The process begins with paperwork. Your employer should take steps via the US Department of Labor (DOL) to acquire an approved Application for Permanent Labor Certification. This must be approved by the DOL, before Form I-140 (Immigration Petition for Alien Worker) is filed to USCIS on your behalf by your prospective employer.
The petition is a way of proving your employer has intent to hire you upon approval, and you will then have to wait (proverbially) in line with others who are also waiting for similar work visas.
Forms and detailed instructions on how to file them are all available on uscis.gov. As a foreign national, you may also want to combine Form I-140 with an application for permanent residency.
Finally, You Wait
As mentioned above, your place for waiting in line is also referred to as a “priority date”, and is based on the date your employer files the labor certification or the petition (whichever comes first) with USCIS. It’s your employer’s responsibility to take these steps as soon as they make the decision to employ you on a permanent basis to reduce waiting times.
The wait will vary significantly depending on the type of visa, and the current immigration limits set by the US government.
Want Better Results? An Immigration Lawyer Can Help
The documentation and processes involved in successfully obtaining a U.S. work visa for a foreign beneficiary are complex and usually require legal expertise. At VisaPlace, our experienced team of lawyers has assisted countless individuals to successfully enter the U.S. with work visas, and we can help you too! For more information, fill our free immigration assessment form and we will get back to you within 24 hours to discuss your eligibility and options.
About Michael Niren
Michael is a graduate of Osgoode Hall Law School in Toronto. He is a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section and the Associate Member of the American Bar Association. Read more
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