Sponsoring Relatives to Work in the U.S. and 5 Tips to Increase Visa Approval Rates

The United States is considered a powerful and developed nation, often seen as the world’s leader. 

Known for its freedom and abundant job opportunities, the U.S. welcomes residents from all over the globe. Thus, immigrating to the U.S. has become a dream for many.

Sponsoring family members to work in the U.S. is a popular legal immigration route for those looking to make their American dream a reality.

In the following article, ImmiPath will guide you through the various ways to sponsor your loved ones to work in the U.S. Check it out now!

1. A Brief Overview of Sponsoring Relatives to Work in the U.S.

Each year, approximately 140,000 employment-based immigrant visas are issued by the U.S. government to foreign nationals wishing to work in the United States. These visas are granted by a U.S. employer who decides to hire the foreign worker.

Immigrating to the U.S. to support the U.S. economy, employment-based immigrant visas are prioritized over family-sponsored visas.

Sponsoring a relative to work in the U.S. through a green card involves multiple steps and can take several years. Employment-based green cards are also available for the spouses and minor children of priority immigrants.

To obtain a green card, a foreign national must first secure a job that meets specific criteria. Depending on the job type, the employer may be required to verify the candidate’s employment status.

There are various types of immigrant visas, each with its own application process. The EB-3 visa is for skilled and unskilled workers and allows their entire family, including spouses and children under 21, to come to the U.S.

The EB-5 visa is for immigrant investors, while the EB-1 visa is granted to individuals with extraordinary abilities, such as artists, professors, and executives. The EB-4 visa is awarded to special immigrants, including religious workers.

Generally, employment-based immigration is aimed at professionals with advanced degrees or relevant experience. If you hold a Master’s or Bachelor’s degree in a field highly valued by employers, you may qualify for an employment-based green card.

To be eligible, you must have a job offer from a qualified employer and demonstrate exceptional ability to continue your work in the U.S. Foreign nationals with advanced degrees may qualify for a visa based on their qualifications and professional experience.

Some spouses and children can legally accompany green card holders under employment-based immigration when they move to the U.S.

In general, to sponsor a relative for employment-based immigration to the U.S., the American sponsor needs to prove that you are the best fit for the job and that they cannot find a qualified American worker for the position.

This is a requirement for all employment-based visas. If your employer is a relative, demonstrating that you are the most suitable candidate for the job can be even more challenging.

To simplify the process, you can seek assistance from immigration consulting services such as ImmiPath.

2. Conditions for Sponsoring Family Members to Work in the U.S.

To file a petition to sponsor a family member to work in the U.S., the sponsor must meet the following requirements:

• The sponsor must be a U.S. citizen or a lawful permanent resident.
• Currently residing legally in the U.S.
• Must demonstrate sufficient income or assets to support their relatives.
• The sponsor must prove their relationship with the person being sponsored.
• The sponsor must be at least 21 years old.
• The sponsor must ensure financial stability, employment, and proper tax payment to prevent becoming a public charge. If financial requirements are not met, assistance from friends or family can be considered.
• Clean criminal record, with no past convictions or misconduct.

3. Who Can Sponsor Family Members for Employment-Based Immigration to the U.S.?

To sponsor a family member for employment-based immigration to the U.S., the sponsor must fall into one of the following categories:

For U.S. citizens, they can sponsor:

• Spouses
• Children
• Siblings
• Parents

For lawful permanent residents (green card holders), they can sponsor:

• Spouses
• Children

All of these sponsorship categories require the sponsor to provide evidence of their relationship with the beneficiary.

4. What are Required Documents for Sponsoring a Family Member for Employment-Based Immigration to the U.S.?

When preparing the application to sponsor a family member to work in the U.S., the following documents are typically required:

• The petition to sponsor a family member for U.S. immigration.
• A financial support form to prove that the sponsored person will not become a public charge in the U.S.
• Documentation confirming the visa interview appointment.
• Evidence showing the relationship between the sponsor and the sponsored person, such as birth certificates, marriage certificates, joint photographs, and correspondence.
• Two passport-size photos (5 x 5 cm) as per the specified guidelines.

Depending on the specific case, additional documents may be required. Therefore, it is important to thoroughly research the requirements to ensure that the application process is completed efficiently and accurately.

The procedure for sponsoring a family member to immigrate to the U.S. involves strict regulations, and it is essential to fully understand these rules.

5. What are Steps to Sponsor a Family Member to Work in the U.S.?

To ensure that your relative can work in the U.S. as quickly as possible, you need to follow these steps:

• Step 1: Submit Form I-130 (Petition for Alien Relative) to the U.S. Citizenship and Immigration Services (USCIS).
• Step 2: Once the I-130 is approved, the case will be transferred to the National Visa Center (NVC). You need to keep track of the latest Visa Bulletin to know when it’s your turn to submit documents and attend the immigration interview.
• Step 3: Submit the required documents to the NVC and pay the necessary fees as instructed.
• Step 4: The NVC will send an invitation for the employment-based immigration interview. Carefully read all the provided information.
• Step 5: Undergo a medical examination, prepare the necessary documents, and attend the interview at the U.S. Consulate as per the scheduled appointment.
• Step 6: If the consulate determines that all conditions are met, a U.S. employment-based immigrant visa will be issued.

For a faster and smoother process, consider seeking assistance from a reputable U.S. immigration consultancy like ImmiPath. We can guide you through the appropriate steps and help prepare the necessary documents, saving time and costs.

6. Benefits of a U.S. Green Card

Holding a U.S. Green Card offers numerous advantages, allowing you to live indefinitely in the United States, as long as you ensure your Green Card does not expire without being renewed. Green Card holders also have the opportunity to apply for U.S. citizenship after a certain period, typically five years of residence from the date of receiving the Green Card.

As a Green Card holder, you are welcomed to live in the U.S. for life and enjoy most of the same benefits as native citizens.

Here are some of the benefits you’ll receive as a U.S. Green Card holder:

• Freedom to travel in and out of the U.S. without facing visa restrictions.
• Apply for U.S. citizenship after 5 years (or three years if married to a U.S. citizen).
• Sponsor certain family members for visas or Green Cards so they can join you in the U.S.
• Qualify for government financial aid for university tuition.
• Renew your Green Card every 10 years.
• Participate in elections in the U.S.
• Apply for jobs within U.S. government agencies.

7. Common Questions About Sponsoring Relatives to Work in the U.S.

7.1. How can I obtain a Green Card through employment sponsored by a family member?

There are 2 primary ways to apply for a Green Card: through marriage to a U.S. citizen or by having a U.S. family member sponsor you. The employment-based approach requires the employer to demonstrate that they can not find a qualified U.S. worker for the job.

Because of this, the employer must obtain labor certification from the Department of Labor to prove that they are unable to find a suitable U.S. worker for the position.

To qualify for this type of Green Card, the immigrant’s employer must show that they are paying the prevailing wage or the wage that is typical in the area where the immigrant intends to work.

The popular wage is the average wage paid to similarly skilled workers in the area. There are a few exceptions to this requirement. Artists and scientists may qualify for an EB-2 sponsorship without the need for labor certification.

7.2. How Can a Small Business Sponsor a Green Card?

How a small business can sponsor a green card based on employment depends on the type of visa being applied for. In general, sponsoring a green card for an employee of a small business is much more difficult than for a large business.

Specifically, a small business must meet strict standards to qualify for this type of green card.

Small business sponsors must meet the requirements of PERM Labor Certification and National Interest Waivers. These requirements include proving that the business is in the best interest of the United States.

Once approved, the employer must demonstrate that they are experiencing a shortage of qualified labor in the United States.

Typically, this is the first step in the employer’s sponsorship process. This certification, known as PERM (Program Electronic Review Management), is issued by the Department of Labor (DOL).

This certification is required to prove that there is a shortage of qualified labor in the U.S. labor market.

During this phase, the employer must conduct an effective recruitment campaign and evaluate applicants for the required position.

The first step is to apply for the prevailing wage. You must prove to the government that you can pay the prevailing wage in the area in question. The prevailing wage is the minimum wage set for specific jobs, based on statistics provided by the Department of Labor.

However, some occupations and individuals are exempt from this labor certification requirement. Artists and scientists are examples of people who can be sponsored without labor certification.

7.3. Can a family member who owns a business sponsor a family member to work in the U.S.?

Yes, but it should be approached with caution. In most cases, this process takes several years, whereas an employment-based immigration visa may take less time.

It is also advisable to consider the relationship between the attorney and the client to expedite the process. The business owner sponsoring the immigrant’s petition should be aware of the immigration rules that apply to that individual.

The immigrant will need to be financially independent from the sponsor. The individual must have an income of at least 125% of the U.S. poverty level or higher to qualify. A family member with a business sponsoring the immigrant may receive allowances under approved programs.

However, it is important to note that the sponsor’s obligation will continue until the immigrant becomes a U.S. citizen and has worked for 40 quarters.

7.4. Are there any limitations on applying for an employment-based green card?

Yes, there are certain limitations when it comes to the process of applying for an employment-based green card. One of these limitations is the amount of time the employer must dedicate to the recruitment process.

It is important to remember that work experience does not substitute for educational qualifications. Additionally, if an employee is related to a current U.S. employee, the sponsor must prove that the employer was not biased during the recruitment process.

However, this requirement is not the only hurdle that a company must overcome.

First, the immigrant must become the beneficiary of the green card application. The employer or the employee must submit a petition. This petition must meet certain requirements before the immigrant can apply.

The immigration petition must also satisfy specific criteria, including the employment of the foreign national. The green card application can only be approved if the employment-based green card limit has not been reached.

7.5. Can a family member sponsor a relative to work in the U.S. and obtain a green card?

While business owners may wish to sponsor their family members already in the U.S., this option carries risks. You must meet several requirements to sponsor a family member.

For example, you must prove that your relative is indeed a close family member, not someone you married or started a business with. Additionally, you must demonstrate that your relative will not become a ward of the state where they will reside.

The process of obtaining an employment-based green card requires your sponsor to prove that they can maintain the position and pay the prevailing wage, which is the standard wage for that role in the employer’s area.

If you cannot prove that the employer is legitimate, the Department of Labor (DOL) may deny your application. The DOL has strict regulations regarding the relationship between the sponsor and the employee.

The DOL will take several steps to ensure the decision is based on merit, such as verifying that the family member being sponsored does not influence the hiring decision in any way.

Moreover, the family member sponsoring should not be part of the company’s management, board of directors, or any other leadership role. If the sponsor is found to be dishonest, the DOL will reject your application.

8. How to Sponsor a Family Member to Work in the U.S. as Quickly as Possible

Applying to sponsor a family member to work in the U.S. can be a challenging process, as it involves complex procedures and high requirements from the U.S. Embassy. This is why many applicants seeking U.S. immigrant visas turn to reputable visa services for assistance in obtaining their visas as quickly as possible.

ImmiPath, with extensive experience in immigration consulting, is a trusted destination that many clients, both domestic and international, rely on. With a team of skilled visa specialists who are professionally trained, ImmiPath provides free consultations and comprehensive guidance on preparing the necessary documentation to sponsor a family member to work in the U.S. We ensure that clients successfully obtain U.S. immigrant visas in the shortest time possible.

If you have any questions about sponsoring a family member to work in the U.S., feel free to comment below the article, and ImmiPath’s consultation team will address all your concerns with the wealth of experience.