Employer's Permanent Residence Overview

Q: What are the most important things that I as an employer must remember when sponsoring a foreign national employee for permanent residence?

A: There are several vital things to remember when considering sponsorship of a foreign national employee for permanent residence.

Some of these considerations are obvious: financial cost of the undertaking, the demands on time and attention of management, and the ways in which any documents sign will obligate the business in terms regulatory obligations and obligations to the foreign national being sponsored.

Some considerations, however, are less obvious. An employer needs to be aware of the symbiotic relationship involved: that sponsorship for permanent residence benefits both the employer and the employee. The employer gains the ability to retain a trusted, trained and valued employee past the limited time permitted on most nonimmigrant visas, while the employee gains a path to remaining here in the U.S. with his or her family.

This creates a serious long-term commitment on both sides. The employer will be involved with the case for quite a while, committing time and resources to the permanent residence case. The employee often will be essentially tied to the company at least until the case is substantially complete, forgoing any other offers and investing all hopes for U.S. permanent residence for themselves (and normally, their families) in the sponsored job.

Sometimes, if the company terminates the relationship with the employee or job offered ceases to be viable, the employee will not have enough time remaining on his or her nonimmigrant visa to try again for permanent residence with another employer or in another position.

Another consideration: in sponsoring a foreign national employee for permanent residence, you are proposing to employ the foreign national in a given position at the time that permanent residence is approved. The position does not necessarily need to be the one in which the person is currently employed - in fact, the foreign national need not be currently employed by your company, or even currently employed, or even in the U.S.

So, it is important to know the expected time line for permanent residence and consider to the extent possible where the employee will be best utilized at the time permanent residence is expected to be approved.

Q: How long will I need to keep the foreign national employee in the position for which he or she was sponsored once permanent residence is approved?

A: There is no clear answer to this, and the specifics of the situation should be discussed with your immigration attorney. The employer needs to have a good faith intention to employ the foreign national in the position petitioned for up through the time of permanent residence.

If this is not the case, it may be possible to amend certain types of petitions before approval of permanent residence. Otherwise, it may be necessary to re-file.

Contact us here to arrange a consultation, to inquire about retaining us to handle your immigration matter, or simply to suggest topics you would like to see covered on our site.


The above is presented for informational purposes only, and does not constitute legal advice or create an attorney-client relationship with our firm. The information provided should not be used as guidance in pursuing an immigration matter absent consultation with a qualified immigration attorney.