A recent change in employer policy that stopped all green card sponsorships has left an H-1B visa holder at a crossroads in their immigration journey.
The employee was informed that the company had ceased sponsoring green card applications due to changes in internal policy when they attempted to begin the application process after serving the first three years on an H-1B visa.
“I asked my employer when we could start the PERM and I-140 application process, and they told me that, due to company policy changes, they’ve stopped sponsoring green cards,” the person, who took to social media to vent their frustration and ask for advice, explained their worry. I’m so anxious.”
Now qualified for a three-year extension of their H-1B visa, the employee hoped to start the green card application process in the coming months.
However, they are unsure of how to proceed with the necessary steps towards permanent residency without the assistance of their employer.
Employer sponsorship is required for the green card application process, which includes the PERM labour certification and I-140 petition. The company is no longer willing to meet this requirement.
The worker now contemplates the possibility of looking for another employer who is willing to assume the responsibility of sponsoring their green card, given the impending threat of a stalled immigration process.
PERM labour certification and I-140 petition
The US Department of Labour oversees the PERM labour certification process, in which an employer must prove that there are no available, willing, and qualified US workers at the prevailing wage for a given job.
This certification guarantees that the wages and working conditions of US employees won’t be negatively impacted by hiring a foreign worker. It is the first step towards acquiring a green card, or permanent residence, through employment.
After receiving an authorised PERM labour certification, the next step in the employment-based green card process is the I-140 petition, also known as the Immigrant Petition for Alien Worker.
The employer certifies that the job has been certified by the Department of Labour, the foreign worker satisfies the job requirements, and the employer has the financial means to pay the offered wage by submitting the I-140 to US Citizenship and Immigration Services (USCIS).
Once the I-140 is approved, the foreign worker can proceed with the next steps toward obtaining a green card.
‘Don’t leave your current company’
Netizens listed out some of the approaches that they can follow. A user wrote, “Look for a company who will sponsor your GC but dont leave your current employer.”
“Economy is very poor, chances of perm succeeding are slim to none. You can try another place but unless you have some very special specialty, most likely won’t go to perm,” added another.
” I was in a similar scenario as you last year, I switched immediately, and my current company does any immigration work as a priority,” noted a user.
“My employer only started my PERM on my 5th year despite promising GC process will start 1 year after start date. I guess they know finding a new work that sponsors is hard so they are keeping you “hostage” on this,” claimed a netizen.
“Was on the same boat. To be honest, they don’t really care if you can start the GC or not. I was promised 9 months after start date. Every follow-up they said they were working on it. After 2 years bullshit I quit and moved to current employer. I have I-140 approved now but I still remember how disappointed it was at each meeting when I brought up about GC process,” noted a user.
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