Filipinos are well-aware that it takes years and years to bring family members to US through some family-based petitions. A petition by a brother or sister could take up to 25 years!
What many don’t realize is that a family member may be petitioned for an employment- based green card through labor certification or PERM. The waiting time (or backlog) for employment-based green cards is now only about three years! And that is whether the job is for a college graduate, skilled worker, or even an unskilled worker, such as caregiver.
I know of situations where an aunt owns a care home and would like to petition a niece or nephew in the Philippines to work at the facility as a caregiver. On my television show, Citizen Pinoy, I featured the story of a sister who petitioned her brother to be the office manager at her company, and that employment-based green card was approved!
Recently, the Department of Labor (DOL) clarified what a familial (family) relationship means. According to DOL, “a familial relationship includes any relationship established by blood, marriage, or adoption, even if distant. For example, cousins of all degrees, aunts, uncles, grandparents and grandchildren are included. It also includes relationships established through marriage, such as in—laws and step families.” While these relationships must be disclosed on the PERM application, it also proves it is legal and legitimate to petition family members for an employment-based green card!
Of course, the job must be real, legitimate, and not one of “convenience”, where a relative is being petitioned, but will not really work at the job. (I recall one case where a Filipina wanted to petition her Ate as a “housekeeper”. We all know there is no way that a younger sister will be ordering around her Ate like a maid or a domestic helper. It was a “job of convenience.”) But if there is a true need for a worker, then you can sponsor or petition a relative, whether it is for a caregiver, bookkeeper, manager, etc. In fact, the DOL further confirmed that, “a familial relationship between the alien and the employer does not establish the lack of a bona fide job opportunity per se.” While the DOL will closely examine such a case (to make sure the job opportunity is legitimate and not one of convenience), there is nothing wrong or illegal in petitioning a family member for an employment-based green card, so long as you follow and abide by all the rules and regulations.
If you have a financially stable business and have a legitimate need for a worker in a particular job position, and you have a relative who meets those qualifications, you may want to consider petitioning him or her for a green card through labor certification. However, you should definitely seek the advice and assistance of an attorney, who can evaluate the situation and assist in processing of the green card.
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Michael J. Gurfinkel is licensed, and an active member of the State Bar of California and New York. All immigration services are provided by, or under the supervision of, an active member of the State Bar of California. Each case is different. The information contained herein including testimonials, “Success Stories,” endorsements and re-enactments) is of a general nature, and is not intended to apply to any particular case, and does not constitute a prediction, warranty, guarantee or legal advice regarding the outcome of your legal matter. No attorney-client relationship is, or shall be, established with any reader.
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