Employment Residency FAQs
- Can I obtain my residency through employment, if my boss wants to sponsor me?
- How can I obtain a social security number?
- What is an Individual Tax ID Number (ITIN), what are its benefits, and how do I get it?
- Can my employer use my Tax ID Number to pay my wages?
- How do I renew my work authorization card? How many months before it expires should I renew it?
- If I have an employment residency application pending, can I change employers and continue with my pending application, if the new employer is willing to sponsor me?
- How can I declare taxes if I am getting paid in cash? (See answer to question 3).
- For an employment-based residency petition, what is the priority date that must be current for me to adjust status? Is it the one for my labor certification, or is it the one for the Form I-140?
- What is labor certification?
- What is a prevailing wage?
- How do I determine what employment based residency visa category I qualify for?
- How can US residency be lost?
1. Can I obtain my residency through employment, if my boss wants to sponsor me?
Category I:
- Must be living in the U.S. on or before December 21, 2000 (According to the former INA §245(i) law. Currently there are more than one proposed amendment to this statute which impose different statutory date limitations for filing. Therefore it is advisable to initiate this procedure as soon as possible if the requirements are fulfilled).
- Must have never left the U.S. without permission of The U.S. Immigration Service.
- Must have an offer of employment from a U.S. employer, who has agreed to sponsor the beneficiary for the residency.
- Must receive a salary equal to or above the prevailing wage offered for such a position in the State in which the job will be performed.
Category II:
- Must be lawfully present in the U.S. on a current nonimmigrant visa.
- Must not have violated conditions of the nonimmigrant visa.
Category III:
- Must be residing outside the U.S.
- Must not have been previously deported or removed from the U.S.
- Must not be subject to an order of removal, exclusion, or deportation.
2. How can I obtain a U.S. social security number?
3. What is an Individual Tax ID Number (ITIN), what are its benefits, and how do I get one?
To obtain a tax ID number you must file the form W-7 with the IRS with evidence of identity, like a copy of your passport. You will receive the number in the mail with approximately 1 to 2 months.
4. Can my employer use my Tax ID number to pay my wages?
5. How do I renew my work authorization card? How many months before it expires should I renew it?
6. If I have an employment residency application pending, can I change employer and continue with my pending application, if the new employer is willing to sponsor me?
- If your I-140 has been approved for at least 6 months, you may change employer as long as the new employer and the new position are similar to the ones in the original petition, and the new employer is in the same geographic region as the original employer.
- If the original employer has changed corporate identity or merged with a new company and the new employment is with the new company.
In general, however, it is not advisable to change employers while your residency application is pending.
7. How can I declare taxes if I am getting paid in cash? (See answer to question 3).
8. For an employment-based residency petition, what is the priority date that must be current for me to adjust status? Is it the one for my labor certification, or is it the one for the Form I-140?
9. What is labor certification?
10. What is a prevailing wage?
11. How do I determine what employment-based residency visa category I qualify for?
12. How can US residency be lost?
IMPORTANT NOTE ABOUT THIS DOCUMENT
The information contained in this document is general in nature and subject to change at any point in time. As such, it may not necessarily apply to all situations. Therefore, under no circumstance it should be construed as legal advice. Please ensure that you consult with an attorney regarding your specific situation before starting a legal process.