If you have US-based family members who own a business and might be able to sponsor you for a green card. However, there’s a lot more to it. Here we cover if (and how) a family member of yours can sponsor you for an employment-based green card, and what you need to know for a successful application.
Different Ways to Get a Green Card
Looking at Other Options
Because there are few ways to get one, people often look for creative methods. One idea is to have a family member with a U.S. business hire you. This can be helpful if your family member isn’t close enough to sponsor you through family immigration. Plus, getting a green card through a job can sometimes be faster than through family sponsorship, depending on the job and where you were born.
While this method can work, there are important things to consider.
How It Works
The PERM Labor Certification
To get a green card through a job, you usually need a certification. This process makes the employer show they tried to find qualified U.S. workers for the job before hiring someone from another country. The employer has to prove they seriously looked for U.S. workers and interviewed them.
If the job candidate is related to or owns the business, proving this becomes harder. The government might suspect the employer favors the family member. Here’s what you need to know about this situation.
Family Relationships and the DOL
What the Department of Labor Considers
It has a broad definition of family relationships. On the PERM application, employers must disclose if they’re related to the job candidate. This includes ownership and family ties among business members.
Family relationships include those by blood, marriage, or adoption, no matter how distant. This means cousins, aunts, uncles, grandparents, in-laws, step-relatives, and even same-sex marriages count if they’re legally recognized. Not disclosing these relationships can cause the application to be denied.
Factors the DOL Looks At
It looks at many factors to decide if the job offer is genuine or just a way to get a green card for a family member. They consider if the family member:
- Can influence hiring decisions.
- Is related to company leaders or employees.
- Helped start the company.
- Owns part or all of the business.
- Manages the company.
- Is on the board of directors.
- Is one of few employees.
- Has special skills for the job.
- Is essential for the business to run.
These factors help the DOL decide if the job is real. If any of these apply, it could make the application look suspicious.
Things to Consider Before Sponsoring a Family Member
Before trying to sponsor a family member for a green card through a job, consider these points:
- Make sure there’s a true job opening and need for a worker. The DOL might ask for proof.
- All documents about the family member’s qualifications must be true. Lying about employment records can have serious consequences.
- The employer must honestly evaluate all job candidates. They need to show that no qualified U.S. workers applied.
- Standard hiring processes should be followed. Using a third party to screen candidates can help ensure fairness, especially when hiring family members.
The Complicated Path to a Green Card
Getting a green card through a family member’s business is complex. While it can be a way to live legally in the U.S., it requires careful planning, honesty, and following the law.
Specific requirements for a family business to sponsor a green card
To sponsor a green card, a family-owned business in the U.S. must meet specific requirements set by the Department of Labor (DOL) and the United States Citizenship and Immigration Services (USCIS). Here are the key requirements for a family business to successfully sponsor an employee for a green card:
1. Labor Certification
- The business must obtain a PERM Labor Certification from the DOL, demonstrating that there are no qualified U.S. workers available for the job being offered to the foreign national. This involves conducting a recruitment campaign to test the labor market and prove that hiring a foreign worker will not adversely affect U.S. workers’ wages and working conditions14.
2. Demonstrate Financial Viability
The sponsoring business must show its ability to pay the prevailing wage for the offered position. This includes providing financial documentation such as:
- Annual reports
- Audited financial statements
- Federal tax returns.
- The business must also prove that it has sufficient revenue and financial stability to sustain the employment of the sponsored individual.
3. Genuine Need for Services
- The business must establish a genuine need for the specific skills or services of the foreign worker, which cannot be filled by available U.S. workers. This requirement is scrutinized closely by immigration authorities.
4. Job Offer
- The family member who owns the business must provide a formal job offer to the foreign national, detailing job responsibilities, salary, and working conditions. The job must meet all relevant labour laws and regulations.
5. Affidavit of Support
- The sponsoring family member may need to file an Affidavit of Support (Form I-864) to demonstrate their financial ability to support the immigrant, ensuring that they will not become a public charge.
6. Scrutiny of Relationship
- Immigration authorities will examine the relationship between the sponsor and the employee to ensure that it is legitimate and not merely a means to secure immigration benefits. The family member sponsoring must be either a U.S. citizen or lawful permanent resident.
It’s wise to get help from immigration experts or lawyers who know U.S. immigration laws well. They can give specific advice and help you navigate the complicated process of getting an employment-based green card.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the United States straightforward and successful. Whether you’re applying for an Employment-Based Immigrant Visa or a Fiancé(e) Visa, we handle every step—from preparing your application to gathering the required documents.
Our Immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process and coordinate with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need to visit the United States. Call us today at +234 812 5505 986 to learn how we can assist you.
