Job Postings/ Advertisements Related to Permanent Residence Sponsorship
Before sponsoring a non-U.S. citizen employee on a nonimmigrant visa for permanent residency (green card), the petitioning employer may be required to complete unique steps for recruitment of that position.
Immigration courts and the Department of Labor hold stringent advertising requirements.
- To ensure an employer’s recruitment process does not discourage U.S. workers from applying for a position, an employer can only include its minimum requirements in its advertisements, not its preferences
- Any preference listed in an advertisement is viewed by the U.S. Department of Labor as a requirement, and employees being sponsored for a green card must meet that requirement prior to assuming the position in question, or they will not be eligible for the green card process
To ensure compliance with federal regulations concerning the sponsorship of permanent residence for international employees, we strongly encourage departments to
- eliminate preferences from job postings
- forward copies of postings to Human Resources Compliance and Immigration Services (email@example.com) prior to advertisement, so we have the opportunity to review the posting and advise the department of potential issues related to immigration sponsorship