How do employers sponsor aliens who want green cards, and how much does the process cost? First, remember that immigrant visas are limited in number and subject to quota limitations established
by Congress. Also, there are two ways to obtain immigrant visas: through (1) family relationships or (2) employment. Although the family relations subtopic goes well beyond the scope of this book, most immigrants come to America to join family members; a much smaller percentage come here to fill jobs where employers have demonstrated an inability to find American workers. Still, employment-
based immigration has become a hot topic for U.S. companies in aggressive growth modes, and companies now have to add this concept to their sourcing vocabulary.

There are five categories of immigrant visas, known as ‘‘preferences.’’
Whereas research scientists and academicians often qualify under preferences (1)(a), ‘‘Extraordinary Ability,’’ or (1)(b), ‘‘Outstanding
Professors and Researchers,’’ information technology professionals
normally qualify under the second or third preference (i.e., ‘‘Advanced Degrees,’’ ‘‘Exceptional Ability,’’ ‘‘Professionals,’’
or ‘‘Skilled Workers’’). To qualify for these preference categories,
aliens must have a combination of a master’s degree or a bachelor’s
degree plus a certain number of years of progressive experience in
their fields. The positions being recruited for must likewise require
at least a bachelor’s degree. The specifics of the preference tegories
should be discussed with qualified immigration counsel.

In addition, the second and third preferences typically require that the employer obtain a ‘‘Labor Certification’’ from the Department of Labor (DOL) confirming that hiring the alien will not adversely affect similarly situated U.S. workers. Therefore, employers must demonstrate sufficient recruitment to show that the U.S. labor
market was adequately tested before they can obtain permanent residency for an immigrant. This is typically accomplished by running
recruitment advertisements in prominent newspapers and, in some
cases, on the Internet to document your attempts to hire American
workers first.

The second and third preferences also require that you, the
sponsoring employer, file a ‘‘Petition for Prospective Immigrant Employee’’ form (INS
140). And, whereas aliens who claim extraordinary ability (first preference) may file for a green card on their own behalf, aliens under preferences two and three (again, IT professionals) must be sponsored by employers.

Attorneys’ fees for obtaining green cards can range anywhere from $3,500 to $8,000, and the green card approval process ranges
anywhere from two to five years. Because there are quotas for workers from certain countries, such as India and China, those candidates take the longest to process.

Taken From : The Hiring and Firing Quention and Answer Book