Sponsoring an Employee for Permanent Resident Status: Part V

Key Information

Immigrant Petition for Alien Worker	I-140
Petition for Amerasian, Widow(er), or Special Immigrant	I-360

USCIS

• On the Internet at: www.uscis.gov

For more copies of this guide, or information about other citizenship and immigration services, please visit our website. You can also download forms, e-file some applications, check the status of an application, and more. It’s a great place to start!

If you don’t have Internet access at home or work, try your local library. If you cannot find what you need, please call Customer Service.

•                      Customer Service: 1-800-375-5283 or

•                      Employment-based Visa Questions: 1-800-357-2099

•                      Hearing Impaired TDD Customer Service: 1-800-767-1833

Other U.S. Government Services
General Information	www.usagov.gov	1-800-333-4636
New Immigrants	www.welcometoUSA.gov
U.S. Dept. of State	www.state.gov	1-202-647-6575
	www.travel.state.gov/ visa
U.S. Dept of Labor	www.dol.gov	1-877-872-5627

Sponsoring an Employee for Permanent Resident Status: Part III

After I file, how long will it take before the foreign  national can immigrate?

The combination of high demand and the limits set by law on how many people can immigrate each year under each category and from a particular country affects the waiting time. For some foreign nationals there may be no waiting period, while others may have a significant waiting period.

Generally speaking, if a foreign national entered the United States legally and is presently in the United States (and meets certain other requirements), he or she may be able to file an application to adjust to permanent resident status if the employment-based immigrant visa category for that foreign national is currently available.

For other foreign nationals who are on the visa waiting list, once the foreign national reaches the “front of the line,” the U.S. Department of State will contact and invite him or her to apply for an immigrant visa.

What about the foreign national’s family?

In most cases, when the foreign national’s place in line is reached and he or she applies to immigrate, the foreign national’s spouse and unmarried children under 21 can apply as dependents.

For example: You file a petition on behalf of a prospective employee. You cannot directly petition for the employee’s spouse and children. However, the employee's spouse and children can apply for immigrant visas (or adjustment of status) at the same time as your prospective employee when the prospective employee reaches the front of the line.

Sponsoring an Employee for Permanent Resident Status: An Introduction

As an employer (or prospective employer), if you want to sponsor a foreign national to become a permanent resident based on a permanent job offer, you and the foreign national need to go through a multi-step process.

In most cases, the process begins when the employer obtains an approved Labor Certification Application (LCA) from the U.S. Department of Labor (DOL). After the LCA has been approved by the DOL, the employer continues the process by filing Form I-140, Immigrant Petition for Alien Worker, on behalf of the foreign national with U.S. Citizenship and Immigration Services (USCIS).

If prior DOL certification is not required, the sponsoring process will start when you file a Form I-140 with USCIS. Form I-140 is available on the USCIS at www.uscis.gov. Sometimes, as discussed below, the foreign national can combine the Form I-140 with a permanent resident application. For information on all of the filing requirements and fees for a labor certification request with DOL, please visit that agency’s website at www.dol.gov.