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.
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.
