Why Employers Don’t Sponsor Foreign Workers and How to Fix This
Author: Gabriella Manolache, Esq.
Hello! Today, we dive into an exploration of the intricate world of US employment based green card sponsorship for foreign workers. Our aim is to unravel the multifaceted challenges that US employers often confront when considering this pathway and to propose potential solutions that can pave the way for smoother processes.
Peering into the Employer’s Perspective
In our latest video, we undertook a journey through the lens of US employers deciding whether to sponsor foreign workers for green cards. This endeavor present a complex maze of considerations and hurdles, which, in turn, could dissuade employers from engaging in the intricate process.Navigating the Complex Terrain of Green Card Sponsorship
The process, known as the PERM (Program Electronic Review Management) process, unveils a sequence of intricate steps, leaving employers with a meticulous task on hand. The employer begins by submitting an application to the Department of Labor, outlining intricate details of the job role, location, responsibilities, and qualifications. This exhaustive process, however, only serves as the precursor to an intricate journey ahead.Financial Considerations: An Added Layer of Complexity
As if the procedural intricacies weren’t enough, employers are also faced with financial considerations. The financial burden of the PERM process rests on the employer, a facet that often raises concerns. This financial burden, including legal fees and related costs, cannot be passed on to the foreign worker. adding another layer of complexity.Unraveling the Time Dilemma
As in of the essence when dealing with green card sponsorship. The green card process generally spans two or more years, prompting employers to contemplate their employment needs well into the future. This time frame often leads to uncertainties, prompting employers to consider whether they will require the specific position in question down the line.Risk and Commitment: A Delicate Balance
A significant deterrent for US employers stems from the uncertainty surrounding the foreign worker’s commitment post obtaining a green card. Despite the arduous process, the employee is not bound to remain with the sponsoring employer upon receiving the green card. This introduces an added layer of risk for employers, questioning whether the investment and effort is worth it.Solution-Oriented Strategies for Aspiring Foreign Workers
As we ponder the challenges and complexities faced by US employers, let’s also explore potential pathways that aspiring foreign workers can consider to align themselves better with the employer’s perspective.A Stepped Approach: Nurturing Trust
A common strategy that many foreign workers have successfully employed involves a step-by-step approach. This journey often commences with the foreign worker being in the United States on an F1 student visa, potentially coupled with Optional Practical Training (OPT). This allows the foreign worker to begin a professional journey with a US company under the OPT, thus providing both the employee and the employer an opportunity to explore their compatibility.Transitioning to H-1B: A Gradual Evolution
From this point, the foreign worker might progress to an H1B visa, which is relatively less complex than the green card process. While some H1B visas are subject to the yearly lottery, there are many employers that sponsor cap-exempt or lottery-exempt H1B visas all year long. This stage offers the employer a prolonged period to assess the employee’s contribution and their compatibility with the company’s vision.Aiming for Green Card Sponsorship
After establishing a substantial work history and rapport with the employer, the employee can explore the possibility of an employer sponsored green card through the PERM process. By this juncture, the employer’s confidence in the employee’s commitment and value to the company would ideally have solidified.Concluding Thoughts: Understanding and Collaboration
In essence, the journey of green card sponsorship for foreign workers involves understanding the intricate calculations and concerns that U.S. employers grapple with. By approaching this process collaboratively, foreign workers can potentially align themselves with the employer’s perspective, thereby increasing their chances of successful sponsorship.Share this post...
Posted in Immigration Guides,
Michael Ashoori, Esq.
President of Ashoori Law
I’m a U.S. immigration lawyer and I help families, professionals, investors, and entrepreneurs get visas, green cards, and citizenship to the United States.
Since starting my law firm, I’ve helped thousands of people from all over the world with their immigration needs. I’m very passionate, hard-working, and committed to my clients.
Got a question? Send me an email.