Filing an I-485 Visa Application with an Employer

If you’re looking for permanent residence in the United States, you’re probably already familiar with Form I 485. I-485 is the application form which is used for those who are in the United States but not citizens, and who would like to apply for residency. However, ven if you know that you need to file  for an I 485 visa, you might still be confused about how it works.

Understanding the 1 485 Visa Application Process

Most of the application process is fairly straightforward, although it does require an extensive amount of information, which can be time-consuming and nerve-wracking. The real complication with filing I-485 comes, for most people, with the idea of sponsorship.

• Form I-485 is the final step in getting a green card, and in order to go ahead with it, the person filing must be sponsored by someone else – either a family member or an employer who is already a US resident. 
• If a sponsor is not available, then the person can file as a refugee or asylee, but only if he meets the conditions that apply. If not, then sponsorship is required.

Sponsorship by a family member is self-explanatory – the family member must simply prove and promise that the person will not be a drain on public resources, and thus must prove that he or she is willing and able to offer financial support if needed – but sponsorship by an employer is more complicated. An employer may sponsor someone for a green card if the employer is able to prove that there is not a qualified US worker available for the position which the employee would hold. This means that the employer must complete a few steps, including filing forms with the Immigration and Labor Bureaus, and going through recruitment steps for the employment position to prove that the immigrant is the best/ only one suited for it.

Being sponsored for your resident status via an employer is somewhat complicated, and is not something you can set up “after the fact” – you really must be in the US to work a specific position, and have an employer who needs your specific training and/ or skills, for this to be a successful venture. With that being said, it’s not impossible, and many people quickly and easily obtain their green cards and have their I-485 forms approved via the method of employer sponsorship. It’s just a matter of being in the right position and having the information required, plus a willing and committed employer willing to work with you in order to keep you in your job – and in the US – as a permanent resident.

Getting Help

If you wish to file an I 485 with immigration, you should consult with an experienced US immigration attorney. Your lawyer can explain to you what options you may have for finding a sponsor, completing the form and getting the right to remain in the US.