Immigration guidelines seem to change weekly. This makes it hard to understand what it means to live in the United States without a permanent visa.
This situation is obviously hardest on those individuals and their families.
Yet it can also be a struggle for employers who can lose amazing employees at random, and without notice.
One way to help create certainty for your employee and your business is to consider sponsoring him or her for permanent residence.
To sponsor an employee, they should fit into one of these categories:
- Priority workers – individuals with extraordinary abilities in science, art, education, business or athletics. Can also include executives.
- Professionals with advanced degrees – people who hold advanced degrees in “the sciences, arts or business.”
- Skilled workers – employees with skills that require at least two years of training.
- Special immigrants – this category includes religious workers.
An employer must then submit a petition for permanent residence. This petition includes a labor certificate and tax returns proving the company can employ the individual and has done so in the past.
Once you have submitted the petition, there may be a wait involved.
The length of this wait depends on many factors, including the number of applicants and how many visas are available for the year.
If an applicant already lives in the United States legally, they can file an “adjustment of status.”
The adjustment of status filing is faster and can be submitted alongside the petition for permanent residence.
California’s economy depends on its diverse workforce. The uncertainty of current immigration law hurts businesses and employees.
If you have any questions about sponsoring an employee or immigration law in general, speak with an experienced immigration lawyer.