What are the immigration related consequences of layoffs on alien employees with pending green card applications?
For employees with pending green card applications, a layoff can present different problems. Often, after having an opportunity to evaluate an alien employee’s skills and future potential, an employer will agree to sponsor the alien for lawful permanent residency status, commonly referred to as “green card” status. A lawful permanent residency (“LPR”) application generally consists of three steps. First, through a process called labor certification or PERM, the employer must prove to the satisfaction of the Department of Labor that it has not been able to find a domestic employee to fill the alien’s position. Second, after the labor certification is complete, the employer files an immigrant petition with the USCIS. Finally, after the immigrant petition is approved, the employee files a petition for the adjustment of his or her immigration status to the status of a lawful permanent resident with the USCIS. The entire LPR process may take several years. The LPR process is predicated on t
Related Questions
- What are some proactive strategies for preventing negative immigration consequences for employers and employees during downsizing?
- What are the immigration related consequences of layoffs on alien employees who are already permanent residents?
- What are the immigration related consequences of layoffs on alien employees in non-immigrant status?
