How do I know if my employer qualifies to be a sponsor for a green card?
One question that I am constantly asked, equally from the foreign-born as well as from US employers is: How can I sponsor my key individual? Or a foreigner might ask me: My boss wants to sponsor me, would he qualify? These are my thoughts.
In order for an employer to qualify to sponsor an individual from another country for a green card there are several requirements. One of them is that the employer has to demonstrate through running ads in the newspaper that they cannot find a qualified US worker. This is very important. Department of Labor will eventually certify the paperwork if that test is met. Also, they must be able to prove that they can pay the prevailing wage, so it is very important for the potential sponsor to bring a copy of their tax returns to the immigration consultation.
There are times when the employer is very willing but because their tax return does not reflect the ability to pay the prevailing wage, unfortunately I have to tell them that it’s not possible to continue with the sponsorship. Those are two of the key ingredients to determine if an employer will be qualified to sponsor an individual with a green card. I hope this answer has been helpful. Feel free to be in touch with my office about employer sponsorship or any other immigration topic. I look forward to speaking with you at my Morristown Office.