immigration illegal-immigration
How can employer help employee get green card?
<p>What are the minimum requirements that an employer can go through to help his employees get a green card?</p>
<p>If no company is made yet, is it legal to make a new company, just for the sake of helping people get a green card? Of course, assuming there are other needs and uses of the company, what are the absolutely minimal requirements needed for a company to be able to help it's citizens get green cards?</p>

<p>The requirements are primarily about the immigrant. There are three main types of <a href="https://www.uscis.gov/green-card/green-card-eligibility/green-card-for-employment-based-immigrants" rel="nofollow noreferrer">employment-based green card</a>. For the category &quot;Extraordinary Ability&quot;</p>
<blockquote>
<p>You must be able to demonstrate extraordinary ability in the sciences,
arts, education, business, or athletics through sustained national or
international acclaim</p>
</blockquote>
<p>In this case, &quot;No offer of employment or labor certification is required&quot;. On the bottom of the <a href="https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-first-preference-eb-1" rel="nofollow noreferrer">third-level of preference</a>, there is a category of &quot;other workers&quot; where</p>
<blockquote>
<p>You must demonstrate the ability to perform unskilled labor (requiring
less than 2 years training or experience), that is not of a temporary
or seasonal nature. You must be performing work for which qualified
workers are not available in the United States. You must meet any
other requirements specified on the labor certification.</p>
</blockquote>
<p>The employer has to do some things, including getting a <a href="https://www.dol.gov/agencies/eta/foreign-labor/programs/permanent" rel="nofollow noreferrer">foreign labor certification</a> which is about &quot;the position&quot;, and filling in <a href="https://www.uscis.gov/sites/default/files/document/forms/i-140.pdf" rel="nofollow noreferrer">this form</a> which is about the employee. What you are describing sounds like a fraudulent immigration scheme, if the intent is to create a paper company that makes bogus offers of employment. The PERM Labor Certification step requires a complex rigamarole that costs money, <a href="https://www.dol.gov/sites/dolgov/files/ETA/oflc/pdfs/9089inst.pdf" rel="nofollow noreferrer">here</a> are the instructions (I think this is most likely the applicable form), and here is <a href="https://www.dol.gov/sites/dolgov/files/ETA/oflc/pdfs/9089form.pdf" rel="nofollow noreferrer">the form</a>. The form includes a penalty-of-perjury statement, meaning if you lie on the form, they can prosecute you. The form I-140 for the employee must be filled out truthfully, under (criminal) penalty of perjury. So if this is a bogus employment &quot;offer&quot;, the would-be company probably cannot help, in particular because they do <em>not</em> intend to pay any wage at all, but they certify that they will.</p>
