16 Aug 2023 Petitioning Relatives for Employment Based Green Cards
Many people mistakenly believe the only way to bring family members to the U.S. is through a family petition. But many family petitions can take up to 25 years, such as brothers and sisters or married children. In other cases, the law simply does not allow family-based petitions, such as nieces or nephews over 21 years of age, cousins, etc.
Did you know it is perfectly legal to petition relatives for an employment-based green card? On my YouTube channel, US Immigration TV, I have featured several videos on this topic. On my television show, Citizens Pinoy, I have featured several success stories involving family members petitioning other family members for an employment-based green card:
- In one case, a sister petitioned her younger brother as her office manager in her dental clinic.
- In another case, an aunt petitioned her niece to work as a caregiver in her care home.
- In yet another case, a niece petitioned her aunt as her housekeeper. (Her aunt had been a housekeeper in Singapore and was well-qualified for the job).
- Many other people have petitioned cousins or other relatives as caregivers for their parents, at their care homes, or as housekeepers, to enable the person to work longer without having to rush home to do their own housework.
The basic requirements are:
- There must be a real, actual job the person will truly work at once they get their green card. This cannot be a “job of convenience,” where they have no intention of working at the job.
- The person being petitioned must have the education or experience for the job. However, jobs such as caregivers or housekeepers really do not require that much education or experience.
- The employer must first make a good-faith effort to recruit and hire a qualified U.S. worker. This is done by placing ads in newspapers and on certain websites. If a qualified American applies for the job, they get priority. However, typically, not many Americans apply for caregiving jobs.
- The employer must demonstrate the “ability to pay” the salary, meaning the employer can afford to hire the worker. This is typically demonstrated by showing that the net income on the employer’s tax returns will equal at least the worker’s salary.
Right now, the process takes about 3 to 4 years, which is far shorter than most family-based petitions. Perhaps you have a trusted relative in the Philippines or a housekeeper you left behind in the Philippines when you immigrated but would love to have them in the U.S. helping you. Think how much easier your life would be and how much more peace of mind you would have if you could have a relative or other trusted person helping you out.
If this is something that interests you, you should consult with an attorney who can assist in this process.
Four offices to serve you:
LOS ANGELES; SAN FRANCISCO; NEW YORK:
TOLL FREE NUMBER:
+632 8894-0258 or +632 8894-0239