The journey towards securing a United States Green Card can be intricate and overwhelming. One common question that arises amidst the complexities of immigration law is, “Can a family member who owns a business sponsor my employment-based green card?” The simple answer to this question is yes, but the process involved is layered with nuances. At Kriezelman Burton & Associates, LLC, our team of talented and experienced attorneys is dedicated to providing aggressive and professional legal representation. Our firm’s experience in immigration law allows us to guide you through the process smoothly.
The United States Citizenship and Immigration Services (USCIS) allows certain family members who are U.S. citizens or lawful permanent residents to sponsor a foreign national for a green card. Family-sponsored Green Cards are divided into two categories: Immediate Relative and Family Preference. The Immediate Relative category is reserved for close kin of U.S. citizens, including spouses, unmarried children under 21, and parents. The Family Preference category covers other family relationships, such as siblings and married children.
On the other hand, an employer-sponsored Green Card, often termed an employment-based Green Card, requires an employer to demonstrate to the Department of Labor that they cannot find a qualified U.S. worker for the position. This process, known as obtaining a Labor Certification, forms a crucial part of the application.
So, where does a family-owned business fit into this process? When a family member owns a business, they could potentially sponsor your employment-based Green Card. However, the business must meet certain requirements. For example, the company must show a genuine need for your services or skills, which cannot be fulfilled by a U.S. worker. The business’s ownership structure, financial health, tax returns, revenue, and employees’ salaries play a significant role in this determination.
However, it is important to note that this process is not without its limitations and challenges. The sponsoring business must prove financial responsibility and meet prevailing wage requirements. Furthermore, the Immigration Service and the Department of Labor will scrutinize the relationship between you and the sponsoring family member to ensure the position is not created solely for the purpose of obtaining a Green Card.
The nuances of immigration law can be overwhelming. Professional legal representation, like the experienced attorneys at Kriezelman Burton & Associates, LLC, can provide invaluable guidance throughout this process. Our firm has a long-standing track record of helping thousands of foreign nationals secure temporary and permanent lawful visa status in the United States.
While a family member who owns a business can potentially sponsor your employment-based Green Card, it is crucial to understand the detailed requirements and legal implications involved. It is important to get legal guidance to ensure compliance with immigration laws and regulations. Contact Kriezelman Burton & Associates, LLC, for reliable guidance throughout your Green Card application process.
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