When an Employer Won’t Move Forward With Green Card Sponsorship

Working in the United States opens many exciting possibilities, including the potential for employment-based permanent residency. You may be overjoyed by finding the perfect job to help you reach this goal, yet later on you might find yourself in a confusing situation where your employer hesitates to support your application. At Kriezelman Burton & Associates, LLC, we have provided immigration representation since 1974. Our legal team has walked with clients through similar situations before, and we can provide timely support for you as well.

If your employer delays your sponsorship, you should:

• Recognize the reasons why your employer might delay the sponsorship process.
• Evaluate the timing risks to your current visa status.
• Explore alternative immigration options with a legal professional when needed.

Why Do Employers Delay Green Card Sponsorship?

Employers may hesitate to sponsor foreign workers for several reasons. The effort involved can be a deterrent for many: the process requires significant time, financial investment, and administrative work. Companies must pay all the costs related to the labor certification process and be willing to wait on USCIS decisions. In addition, changes like corporate policy shifts or economic downturns can cause a company to pause all immigration sponsorship programs.

Can the PERM Labor Certification Process Cause Delays?

The Program Electronic Review Management (PERM) labor certification is a crucial step in employment-based green card sponsorship. The Department of Labor requires employers to prove that there are no qualified, willing, and available United States workers for the position before filing an immigrant petition.

Employers must conduct recruitment efforts, review resumes, and complete interviews. This level of involvement is extensive. Many companies may lack the human resources capacity to manage the PERM process without outside legal help, increasing the cost to the company, and the extended timeline of many months before approval can deter employers from ever starting the application.

What Are the Timing Risks of Delayed Sponsorship for Foreign Employees?

Foreign employees can face significant risks when an employer delays sponsorship. Non-immigrant visas, such as the H-1B or L-1, have strict expiration dates and maximum validity periods. If an employer does not file a labor certification application before the employee reaches the end of their fifth year in H-1B status, for example, the employee will likely lose the ability to extend their visa. This delay can lead to a loss of work authorization, loss of legal status, and potential deportation.

Are There Alternative Immigration Options?

If your current employer is refusing to sponsor your green card, you must review other possible immigration options. Kriezelman Burton & Associates, LLC can help you assess pathways like:

• National Interest Waivers: Certain professionals whose work benefits the United States can self-petition for a green card without employer sponsorship.
• EB-1 Extraordinary Ability: Individuals who demonstrate sustained national or international acclaim can apply for permanent residency without an employer.
• Family-Based Immigration: If you have a close family member who is a United States citizen or permanent resident, they may be able to sponsor you.

You may also choose to seek a job with a different employer who is willing to start the sponsorship process immediately.

Speak With Our Legal Team About Your Goals Today

A delayed green card application, whether caused by employer hesitancy or lengthy processing times, can cause extreme stress, but you have options. Kriezelman Burton & Associates, LLC provides aggressive and professional legal representation to protect your rights. Our attorneys have helped thousands of foreign nationals with their immigration status over the years, and we are here to assist you. Call our Chicago office at 312-332-2550 to schedule a confidential consultation today.