Question: I have a new immigration opportunity that I would like advice on. Since I can’t find someone to genuinely fall in love and marry to get a green card, I have worked with a lady as a housekeeper for over a year now and she would like to know if it’s possible to sponsor me to get my green card through my job. She was told she could file a form I-140 to start the process. Will this work?
Answer: Yes a U.S. employer can sponsor your residency, but no, it won’t allow you to work or get residency under current laws. Since May 1, 2001, immigration regulations say that (most) immigrants with expired I-94 cards are not eligible for residency in the U.S. through family and employment sponsored petitions. But the Dept. of Labor does have a process called “Labor Certification” or PERM, which allows U.S. employers to apply, regardless of the immigrant’s status. But, once the Labor Certification is approved, the next step is to file for a visa. That’s when everything falls apart.
As long as the U.S. company otherwise specifies, the USCIS will approve visas, but because they do not have legal status, they are not eligible to adjust status to residency. So it’s really a waste of time and money. In my opinion, it does little good to have the process done, only to end with no improvement. Many times scammers will charge immigrants through the entire process, only to tell them they aren’t eligible.