Do Employers have Liabilities and Responsibilities as a Green Card Sponsor?

Most foreign nationals try to secure their green cards through immigration petitions made by their employers. In other words, the employer petitions for a change in immigration status on behalf of a worker. Therefore, in such a situation, the employer acts as a sponsor. According to immigration lawyers, there are certain responsibilities that the employer must fulfill to sponsor a worker.

What are the costs that the sponsorship process entails?

It is mandatory under immigration law for the employer to complete the Permanent Labor Certification (PERM) process. There are three primary steps that the employer must complete to apply for a visa. The first requirement of PERM is that the employer must advertise the vacancy to determine if he is able to find US workers to do the job. In this recession, that is probably a given unless the job is in engineering and tech which America has a shortage of. If the job is in those two fields, then it is iffy.

If the employer does not receive any qualified worker to do the job then a PERM application must be filed with the Department of Labor (DOL). The first stage of the application is completed as soon the application gets the approval from the DOL. The employer has to bear the costs of advertisement and of hiring an immigration attorney.

Once the approval is final, the employer will have to file an I-140 petition with the United States Citizenship and Immigration Services (USCIS). In the form the employer will have to provide information about the worker, the position for which the worker is considered, and details of the company. A filing fee is required along with the petition. This fee can either be paid by the employer or by the worker.

After the petition is approved the employer will have to file an I-485 for the green card application. This too requires a filing fee which is usually paid by the worker as the employer is not obligated to pay the fee.

Penalties for not adhering to the law

Employers must pay the fees entailed in the PERM process. If the Department of Labor finds out that the employer has not paid the fees or has asked for a reimbursement from the worker, an investigation by a federal agency will be conducted against the employer, which can lead to hefty fines and other penalties, if found guilty.

If a foreign worker stops working for his employer after getting the green card, the DOL must be informed immediately. Failure to do so will incur penalties – anyone who does not understand this is a post 9-11 world should not be hiring anyone. Speak to an immigration lawyer if you were unable to notify the DOL in a timely manner or if you feel there is a case for immigration fraud. Even if the employee sticks around though does not mean they are righteous people working in their position for altruistic purposes. Have you seen 24? Season 4? Habib Marwan was trying to blow up LA while working as an engineer!

It is essential for the employer to provide accurate information in the I-140 form. Ensure that the form is free of typos and other mistakes. If the form is rejected then the employer will not be entitled to a refund. Remember that both the DOL and USCIS can request an employer for additional documents and papers which must be provided in a timely manner.

Why utilize an immigration lawyer

Immigration law is complex and also involves plenty of paperwork and supporting documentation. In addition there are several immigration norms that must be adhered to while petitioning for a visa.

An immigration lawyer who routinely deals with immigration issues will know all the rules that govern the visa process and can provide employers with invaluable guidance from time to time for a hassle-free filing. So whether you need help with green cards, appeals, naturalization, family based immigration, or even immigration fraud, you can always count on an immigration legal professional to handle your case and save yourself a significant deal of time, money, and frustration.

Do you need help finding an immigration lawyer? Are you worried about making a mistake in this process? You need to go right here: Immigration.USAttorneys and do not hire Habib Marwan or anyone like him!