-4

What are the minimum requirements that an employer can go through to help his employees get a green card?

If no company is made yet, is it legal to make a new company, just for the sake of helping people get a green card? Of course, assuming there are other needs and uses of the company, what are the absolutely minimal requirements needed for a company to be able to help it's citizens get green cards?

4
  • 1
    "is it legal to make a new company, just for the sake of helping people get a green card?" That's called fraud. May 27, 2021 at 23:22
  • @blue but what if there is a legitimate use for the company May 27, 2021 at 23:25
  • @bluedogranch and if someone does start a company, what are the minimal requirements that need to happen to get it? May 27, 2021 at 23:33
  • @LawmpLaweetir: This might be helpful: uscis.gov/green-card/green-card-eligibility/…
    – sharur
    May 28, 2021 at 0:00

1 Answer 1

3

The requirements are primarily about the immigrant. There are three main types of employment-based green card. For the category "Extraordinary Ability"

You must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim

In this case, "No offer of employment or labor certification is required". On the bottom of the third-level of preference, there is a category of "other workers" where

You must demonstrate the ability to perform unskilled labor (requiring less than 2 years training or experience), that is not of a temporary or seasonal nature. You must be performing work for which qualified workers are not available in the United States. You must meet any other requirements specified on the labor certification.

The employer has to do some things, including getting a foreign labor certification which is about "the position", and filling in this form which is about the employee. What you are describing sounds like a fraudulent immigration scheme, if the intent is to create a paper company that makes bogus offers of employment. The PERM Labor Certification step requires a complex rigamarole that costs money, here are the instructions (I think this is most likely the applicable form), and here is the form. The form includes a penalty-of-perjury statement, meaning if you lie on the form, they can prosecute you. The form I-140 for the employee must be filled out truthfully, under (criminal) penalty of perjury. So if this is a bogus employment "offer", the would-be company probably cannot help, in particular because they do not intend to pay any wage at all, but they certify that they will.

6
  • Interesting and if the company does pay a wage, does the employer decide how much? Also if the migrant has overstayed the visa, does he have to go back to his home country first, and only then come here, or can he start working here directly? And for extraordinary skills, if the employer wanted to start a movie company that requires only people who look and act a specific way, that the migrant happens to meet perfectlyWould that count as an extra ordinary ability? May 28, 2021 at 1:00
  • And what about special immigrants, of religious nature May 28, 2021 at 1:20
  • 1
    One question at a time, okay? There aren't any special immigrants of religious nature: I suspect you mean refugees because of religion, so that's a very distinct issue.
    – user6726
    May 28, 2021 at 1:29
  • Okay, not clear what you meant: you mean "priests, etc".
    – user6726
    May 28, 2021 at 1:37

You must log in to answer this question.

Not the answer you're looking for? Browse other questions tagged .