Why Employers Hesitate to Sponsor Green Cards? An In-Depth Analysis and Solutions
Have you ever thought about why employers are hesitant to sponsor a green card for you? It is crucial to understand the reasons behind this and to be aware of possible solutions to navigate the immigration landscape effectively.
In this blog, we will discuss why employers don’t sponsor green cards and ways to address these issues. Let’s begin.
Reasons Employers Hesitate to Sponsor a Green Card:
1. Lengthy and Complex Process
The green card process can take several years, especially for Indians with priority dates not current in the EB2 and EB3 categories.
The employer-sponsored green card process often begins with the PERM Labor Certification. During this stage, the employer must demonstrate that there are no qualified U.S. workers available for the position and satisfy other PERM application requirements, which adds complexity to the process.
Due to the significant time and resources required, along with the uncertain outcome, employers might be reluctant to offer green card sponsorship
2. Financial Burden
Employers are responsible for covering the legal and administrative costs of sponsoring a green card. This often amounts to thousands of dollars, which can be a significant financial burden for mid-sized and small employers.
As a result, these costs may discourage employers from sponsoring green cards.
3. Employer Departure Risk
Unlike the H1B visa, which is tied to a specific employer, a green card allows the employee to work for any employer. Although employers invest significant time and resources into sponsoring a green card, there is always a risk that the employee might leave the company after obtaining it.
This potential for departure may make some employers hesitant to sponsor green cards.
Strategies to Secure Visa Sponsorship as an F1 Student
As an F1 visa student, one of your biggest advantages is the opportunity to work for an employer under OPT. During this time, you can demonstrate your skills and build a strong relationship with your employer.
While working under OPT, you should also prepare for the EB1A green card. At some point, your qualifications may also align with the O1A visa. To mitigate the risk of the H1B lottery, consider applying for the O1A visa first. After that, you can apply for the EB1A green card, which has a longer processing time due to its priority date.
The EB1A visa allows you to self-petition, so you don’t need an employer to sponsor green card. However, the O1A visa requires employer sponsorship. The rapport you build with your employer during the OPT period can be valuable, and having a strong EB1A profile can help you secure O1A visa sponsorship.
We’ve also created a blog on how to convince your employer to sponsor your O1A visa. Check out the blog link here.
Green Card Options for H-1B Visa Holders Without Employer Sponsorship
If you are on an H-1B visa and your employer does not sponsor your green card, you can explore self-petition green cards like the EB-1A and EB-2 NIW. Both of these options allow you to apply independently, without employer sponsorship.
An additional benefit of the EB-1A and EB-2 NIW green cards is that they do not require labor certification, which means you can skip the lengthy and complex PERM process.
To extend your H-1B visa with an approved I-140, you can apply for the EB-2 NIW if you meet its requirements, as the EB-1A has higher eligibility criteria. In the meantime, you can work on strengthening your profile for the EB-1A and apply for it later to potentially accelerate your green card process, especially if you are from India.
Conclusion
Securing employer green card sponsorship is currently challenging due to layoffs, which complicate the PERM process. PERM is often the first step in the employer-sponsored green card process.
It’s better to explore self-petition green cards such as EB1A and EB2 NIW, so you dont need an employer to sponsor green cards. The EB1A category has also the advantage of shorter green card wait times for Indians compared to the EB2 and EB3 categories.
While EB1A has stringent requirements, you can strategically build a strong EB1A profile by leveraging your expertise. If you need personalized assistance to build a compelling EB1A profile, consider exploring the Smart Green Card VIP plan.
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