American employers typically like to employ United States residents, because doing so keeps jobs in America and therefore stabilizes the American economy. Sometimes, however, employers use employment sponsorship to fill open positions. Although doing this is initially quite complex from a paperwork standpoint, it sometimes is the best way to ensure the success of a business.
Definition
Employment sponsorship, also called immigrant sponsorship, is a method of getting residency in the United States. It involves a verifiable offer of employment by a U.S. employer, to whom the government refers as a sponsor. If all goes well during the sponsorship process, the new employee, who is not an American citizen, gets a green card and immigrates to the United States for work.
Process
The employment sponsorship process starts with a U.S. employer engaging in normal recruitment procedures, such as posting job notices online and in newspapers. If an American citizen or person already in the U.S. with a valid green card is qualified and applies, then the sponsorship process ends. If no one in the U.S. can fill the position as required, then the employer and his attorney submit an application for Labor Certification with the U.S. Department of Labor. Once the U.S. Department of Labor issues the Labor Certification, the employer and his attorney send a petition to the Immigration Service. The Immigration Service thus verifies facts about the job and that the employer can pay the employee. It also conducts an interview with the new employee. The Immigration Service then approves or denies the petition. If it approves the petition, the new employee can apply for permanent residency and get her Visa.
Preference Categories
The U.S. Department of Labor and Immigration Service use six separate preference categories in reviewing employment sponsorship petitions. The first category, priority workers, includes people like outstanding professors, those who have demonstrated "extraordinary" ability in the arts, sciences, education, business or athletics, such as winning a Nobel Prize. Qualifications get progressively less restrictive through the remaining categories, ending with nonAmerican investors who plan to invest at least $1 million in the general U.S. economy or $500,000 in a specific area.
Why Employers Use Sponsorship
Some jobs require expertise or experience that American workers may not have. For example, an American chef might not be knowledgeable in a full menu of authentic Taiwanese dishes and therefore may not be a good fit in a Taiwanese restaurant. Additionally, there sometimes are shortages of qualified American workers in particular industries. Pulling in workers to fill employment gaps allows American companies to stay in business in those instances.
Tags: Immigration Service, Department Labor, sponsorship process, United States, American citizen, American workers