In today’s globalized world, job opportunities often extend beyond national borders. For Canadian employers looking to hire talent from abroad, sponsoring a permanent worker for a job in the United States can be a strategic move. However, navigating the complex process of sponsoring a foreign worker can seem daunting. In this article, we’ll provide a comprehensive guide on how to sponsor a permanent worker for a U.S. job, outlining the key steps and requirements involved.
Determine Eligibility:
Before sponsoring a permanent worker for a U.S. job, it’s essential to determine eligibility. employers must comply with U.S. immigration laws and regulations governing the sponsorship of foreign workers.
Obtain Labor Certification:
In most cases, employers must obtain labor certification from the U.S. Department of Labor (DOL) as part of the sponsorship process. This involves demonstrating that there are no qualified U.S. workers available to fill the position and that hiring a foreign worker will not adversely affect wages and working conditions for U.S. workers.
The labor certification process typically requires the employer to advertise the job opening and undertake recruitment efforts to attract qualified U.S. candidates.
File Form I-140, Immigrant Petition for Alien Worker:
Once labor certification is obtained, the employer can file Form I-140, Immigrant Petition for Alien Worker, with U.S. Citizenship and Immigration Services (USCIS). This form establishes the foreign worker’s eligibility for an employment-based immigrant visa.
Along with Form I-140, the employer must submit supporting documentation, including evidence of the worker’s qualifications and the approved labor certification.
On Jan. 31, 2024, the USCIS published in the Federal Register, that adjusts the fees required for most immigration applications and petitions. The new fees will be effective April 1, 2024.
I-140, Immigrant Petition for Alien Workers, new fees will be effective April 1, 2024.
Sponsor your family member
To sponsor your family member, submit a United States Citizenship and Immigration Services (USCIS) Form I-130. Each person you sponsor needs a separate Form I-130. You can submit the form online or by mail.
The process for your relative to immigrate to the U.S. requires that both you, as the sponsor, and your relative, as the visa applicant, complete the necessary steps.
The process is different depending on whether your family member is already in the U.S. or abroad.
- If your family member is in the U.S. – Learn about Adjustment of Status
- If your family member is outside the U.S. – Learn the steps for Consular Processing
Submitting Form I-130 of the immigration visa process. including:
- National Visa Center (NVC) processing
- Fee payments
- Required supporting documents
- Interview preparation