The U.S. immigration process can often feel overwhelming, especially if you’re looking to sponsor a loved one or an employee. Whether bringing over children and siblings or securing employment sponsorship, each process has specific requirements and steps.
Sponsoring an immigrant means ensuring adequate financial support once they arrive in the U.S. Typically, a U.S. citizen can sponsor certain family members, including children and siblings, or potential employees under employment sponsorship.
An essential tool in this process is the “affidavit of support.” By completing this document, the sponsor commits to supporting the immigrant financially until they become self-sufficient or achieve U.S. citizenship.
What Is Joint Sponsorship?
Joint sponsorship in U.S. immigration is a lifeline for those who want to bring their loved ones or employees to the country but encounter financial barriers. But what exactly does it entail, and how does it differ from primary sponsorship? Let’s dive into the concept.
The Need for Joint Sponsorship
Every sponsor, be it for family or employment purposes, must meet specific financial thresholds. These thresholds ensure the immigrant will not become a public charge or burden on the U.S. welfare system. However, there are situations where a potential sponsor might not meet these criteria, often due to income levels. This is where joint sponsorship becomes crucial.
The Role of the Joint Sponsor
The joint sponsor doesn’t just play a symbolic role – their responsibilities are as binding as the primary sponsor’s. They essentially agree to provide financial backing for the immigrant, ensuring they can live without resorting to public assistance.
This commitment extends until the immigrant becomes a U.S. citizen, has accumulated 40 work quarters credited towards Social Security (roughly 10 years of work), departs the U.S. permanently, or passes away.
Affidavit of Support: The Binding Document
At the heart of the sponsorship process is the affidavit of support. The primary and joint sponsors must complete this form, which serves as a legally binding pledge to support the immigrant financially. For the joint sponsor, this is Form I-864, the same as for the primary sponsor.
By signing this affidavit, the joint sponsor accepts potential financial liabilities. If the immigrant receives any public benefits, the agency providing the benefit can request reimbursement from either the primary or joint sponsor.
Qualifications of a Joint Sponsor
Not just anyone can step in as a joint sponsor. There are specific criteria they must meet:
- Relationship: The joint sponsor doesn’t necessarily have to be related to the immigrant or the primary sponsor.
- U.S. Citizenship or Permanent Residency: They must be U.S. citizens or permanent residents.
- Income Requirements: The joint sponsor’s income should be at least 125% of the federal poverty guidelines for their household size. This ensures they can financially support their household and the immigrant.
- Age: They should be at least 18 years old.
- Residency: The joint sponsor needs to have a domicile (residence) in the U.S. or a U.S. territory.
Can I Sponsor a Relative?
Yes, you can sponsor a relative to immigrate to the United States if you are a U.S. citizen or permanent resident. You must file a Form I-130, Petition for Alien Relative, with the USCIS and pay the required fees. You must also provide supporting documents and evidence to show you have enough income and resources to support your relative in the United States.
If your relative is approved for an immigrant visa, you must file an affidavit of support with the National Visa Center (NVC) and pay another fee. Your relative can then apply for a visa at a U.S. embassy or consulate abroad.
Can I Sponsor Someone Who Works for Me?
The U.S. immigration system offers various pathways for employers to sponsor foreign workers for temporary or permanent residence. The process is structured but requires a thorough understanding of legal procedures and adherence to strict requirements.
If you’re an employer contemplating whether you can sponsor an employee, here’s an overview.
Determine the Type of Sponsorship
- Temporary Work Visas (e.g., H-1B, L-1, O-1): These visas allow foreign employees to work in the U.S. for a specific period. They are ideal for specialized positions, intra-company transfers, or individuals with extraordinary abilities.
- Permanent Work Visas (Employment-Based Green Cards): This is a longer-term option and offers the employee permanent residency. The most common category here is the EB-2 or EB-3 visa, intended for professionals with advanced degrees or those filling roles with a shortage of U.S. workers.
Evaluate the Job Position
The job you’re offering must be a bona fide position with genuine employment needs. For instance, the H-1B visa mandates that the job requires specialized knowledge, typically necessitating a bachelor’s degree or higher.
Labor Certification Process (For Permanent Residency)
Before filing for an employment-based green card, most employers must undergo the Labor Certification process or PERM. This entails proving to the Department of Labor (DOL) that no qualified U.S. workers are available for the job and that hiring a foreign worker won’t adversely affect U.S. workers’ wages or working conditions.
This process requires:
- Prevailing Wage Determination: This ensures that your salary aligns with industry standards for the position in your geographic area.
- Recruitment and Advertising: You’ll need to advertise the job to demonstrate that there are no available U.S. workers for the position.
- Filing the PERM Application: You can file the PERM application with the DOL once the above steps are complete.
Filing the Immigration Petition
Once you have an approved Labor Certification (if required), the next step is to file an immigration petition with the USCIS. Employment sponsorship is typically Form I-140, Immigrant Petition for Alien Worker.
Waiting Period and Status Adjustment
After USCIS approves the I-140 petition, the employee must wait for a visa number to become available. Once available, the employee can apply to adjust their status to a permanent resident if they are already in the U.S. If they’re outside the U.S., they’ll undergo consular processing in their home country.
How Do I Start the Immigration Sponsorship Process?
Navigating the intricate pathways of U.S. immigration can feel overwhelming. However, the journey becomes more manageable with a clear understanding of the steps involved and the documents required. Whether you’re a family member trying to reunite with a loved one or an employer hoping to bring in foreign talent, the sponsorship process is your gateway to making that happen. Let’s dive into the details.
Step 1: Determining Eligibility
Before initiating the sponsorship process, it’s vital to ascertain eligibility. Not everyone can be a sponsor. Typically, sponsors must either be U.S. citizens or lawful permanent residents. Moreover, U.S. citizens must be at least 21 to sponsor an immigrant parent or sibling.
Step 2: Filing the Petition
- For Family Sponsorship – Form I-130: U.S. citizens or lawful permanent residents wishing to sponsor a family member must file Form I-130: Petition for Alien Relative. This form serves as the initial request to recognize the relationship between the sponsor and the beneficiary (the immigrant).
- Along with the form, the sponsor must provide evidence to verify the relationship. This might include birth certificates, marriage certificates, photographs, and other pertinent documents.
- For Employment-Based Sponsorship – Form I-140: U.S. employers sponsor foreign workers using Form I-140, Immigrant Petition for Alien Worker. This requires the employer to demonstrate the immigrant’s qualifications, the genuine nature of the job offer, and the employer’s ability to pay the offered wage.
Step 3: Waiting for Approval
Once the USCIS receives the petition, they’ll send a notice of receipt. The processing time can vary. Factors such as the type of relationship, the immigrant’s country of origin, and the overall volume of applications the USCIS is handling can influence waiting times.
During this phase, the USCIS might request additional information or documents, so responding promptly to such requests is essential.
Step 4: Applying for an Immigrant Visa
After the USCIS approves the petition, the focus shifts to the immigrant. If they’re outside the U.S., they must apply for an immigrant visa at a U.S. embassy or consulate in their home country. This step involves more paperwork, an interview, and medical examinations.
Those already in the U.S. on a temporary visa might be eligible to adjust their status to that of a permanent resident without leaving the country.
Step 5: Paying Fees and Awaiting the Visa Bulletin
There are fees associated with the visa application, and these must be paid before the immigrant visa interview. Additionally, for family-sponsored applications, there’s a yearly limit on how many visas are issued. The U.S. State Department’s Visa Bulletin provides updates on visa availability.
Should I Contact a Lawyer about Sponsoring an Immigrant?
Suppose you’re considering sponsoring an immigrant, whether a family member or a potential employee; having legal guidance can make all the difference. Connect with a knowledgeable immigrant lawyer through LegalMatch today.
They can help streamline the process, clarify requirements, and ensure compliance with all U.S. immigration laws. Don’t handle this journey alone; let LegalMatch be your trusted partner.
