How To Sponsor An Employee For A Green Card In Texas Fort Bend County

At Driggs Immigration Law, we aim to make the employment-based green card process as smooth and stress-free as possible. Our team handles all aspects of preparing applications and gathering required documents, working closely with the Human Resources department or management to ensure everything is complete and accurate. 

By managing these details, we help alleviate concerns so that applications can be processed efficiently and approved without unnecessary stress on the business. In this article, we’ll discuss the basics of employment-based immigration so you can prepare your organization for hiring the best candidate for any role.

Keep reading to discover: 

• The requirements you must meet to sponsor an employee for a green card in Texas.
• How to start the process of sponsoring an employee for a green card.
• The common mistakes employers make during the application process that can lead to denial and how to avoid them. 

What Are The Eligibility Requirements For Employment-Based Visa Sponsorship In Texas?

If you’re considering sponsoring an employee for a green card in Fort Bend County, Texas, understanding the eligibility requirements is essential to avoid unnecessary delays or denials.

The primary requirement is that the employee must be in valid immigration status at the time of filing. This generally means the employee should currently be in the U.S. on a non immigrant visa, with their status fully up to date. If an employee is out of status, the employer cannot sponsor them for a green card.

How Do I Start The Process Of Sponsoring An Employee For A Green Card?

The standard process for sponsoring an employee for a green card is through the Program Electronic Review Management (PERM) process. Here’s an outline of the steps involved:

1. Prevailing Wage Determination
   First, the employer applies to the U.S. Department of Labor for a prevailing wage determination. This establishes the government recognized wage for the role based on the employee’s skill level.
2. Recruitment Phase
   After receiving the prevailing wage, the employer conducts a recruitment phase, advertising the position in specific ways as required by the Department of Labor. This includes interviewing any U.S. applicants who appear qualified for the position. A key part of this step is to craft a job description that reflects the role accurately, helping the employer narrow down candidates appropriately.
3. Filing The PERM Certification Application
   Once recruitment is complete, the employer files the PERM certification application with the Department of Labor. Processing times currently range from a year to a year and a half.
4. Immigrant Petition And Adjustment Of Status
   After PERM certification is approved, the employer files a petition for the immigrant worker. If a visa is immediately available, the employee may also file for lawful permanent residence for themselves and eligible family members.

Attorney Andrew Driggs is a seasoned lawyer based in Fort Bend County, TX, who has helped countless clients just like you navigate the intricacies of business immigration law. With over 30 years of experience, he is prepared to assist businesses successfully sponsor employees so they can get the specialized skill they need to flourish.

Still have questions? Ready to get started? Contact Driggs Immigration Law Firm today to schedule an initial consultation.

Can I Sponsor An Employee For A Green Card If They Are Already In The U.S.?

Yes, you can sponsor an employee for a green card if they are already in the U.S., as long as they have valid immigration status. This means they could be working for your company or even for another company on a valid non immigrant visa. They do not need to be a current employee, but they must be “in status” to be eligible for sponsorship.

What Are The Common Mistakes Employers Make During The Sponsorship Process?

Employers who attempt the sponsorship process without legal guidance often encounter issues that can lead to application denials. Common mistakes include:

• Vague Job Descriptions

 Not having a specific, well defined job description can cause issues in the recruitment phase.

• Failure To Follow Recruitment Requirements

The Department of Labor mandates precise steps in the recruitment phase, and missing any of these can jeopardize the application.

• Lack Of Communication With Your Immigration Attorney

Not updating your immigration lawyer about changes in the employee’s job title, description, or position can lead to inconsistencies that may cause problems later.

The recruitment phase has strict requirements, making it one of the most error prone areas for employers without guidance.

What Are The Top Reasons Employee Green Card Applications Are Denied?

A denial of an employee’s green card application can be disheartening, but common reasons for denial are often preventable with careful guidance. The most frequent issues include:

• Incorrect or incomplete information on the PERM application.
• If the employer cannot demonstrate the financial ability to pay the prevailing wage for the position, the petition may be denied.

Working with an experienced immigration attorney can help avoid these pitfalls and increase the likelihood of approval.

What Are An Employer’s Responsibilities During The Green Card Process?

Before beginning the green card process, employers should understand the expectations and timelines they need to meet. Once the prevailing wage determination is received, it is valid for six months, meaning the PERM application must be filed within this period. After the PERM is certified, there is another six month window during which the employer must file the immigrant petition for the employee.

Timely cooperation is also essential; employers should provide the necessary documentation to their attorney promptly to prevent delays in processing. Being aware of these responsibilities helps ensure a smoother process and minimizes the risk of issues arising from missed deadlines or incomplete submissions.

Parting Thoughts

If your business is new to the green card sponsorship process, understanding the specific requirements can help you navigate it more confidently. As the employer, you’re responsible for covering the costs of the prevailing wage determination, PERM certification, and the immigrant petition including all government and attorney fees – these expenses cannot be transferred to the employee.

For this reason and many more, close communication with your business immigration attorney is essential. Responding promptly to requests for additional information or documentation will help keep the process on track. (And remember, requests for evidence are common and typically do not signal a likely denial—they are often routine, and in most cases, they proceed to approval after these details are addressed.)

Still Have Questions? Ready To Get Started?

For more information on How To Sponsor An Employee For A Green Card In Texas, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (855) 620-5511 today.