Newark, DE asked in Immigration Law for Delaware

Q: Hi, I am f1 visa OPT EAD and I have american business man wants to sponsor me green card. What are the requirements ?

I come across a business man, who wants to use my business knowledge and computer knowledge and he is willing to sponsor me green card on his business or personally.

is it possible for him to sponsor me green card through his company?

if yes, what are the requirements for his company to meet on sponsoring me a green card?

how long does this process takes, in general?

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1 Lawyer Answer
Carl Shusterman
Carl Shusterman
Answered
  • Immigration Law Lawyer
  • Los Angeles, CA

A: PERM is the process for obtaining labor certification, the first step of the green card process for foreign nationals seeking permanent residence through their employment.

To obtain an approved PERM Labor Certification, the employer must prove (through newspaper advertising and other recruiting methods) that they were unsuccessful in recruiting a qualified U.S. worker for a certain position.

The employer must be prepared to hire the foreign worker on a full-time and permanent basis.

There must be a bona fide job opening available to U.S. workers.

Job requirements must adhere to what is customarily required for the occupation in the U.S. and may not be tailored to the worker’s qualifications. In other words, the employer must establish that the job opportunity has been described without the use of unduly restrictive job requirements, unless it can demonstrate that they arise out of business necessity.

The employer must pay at least the prevailing wage for the occupation in the area of intended employment.

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