Applying for an employer-sponsored green card in the United States is a big commitment for both the worker and the company. Each side has responsibilities that must be handled carefully, and small mistakes from either can raise questions that slow or damage the process. Understanding the common issues that often draw extra attention from immigration officers helps both employers and employees avoid delays, denials, and unnecessary stress.
Employee Red Flags
Before looking at the employer’s responsibilities, it helps to start with what the employee can control. Applicants play a direct role in how strong their case is, and several common issues can create problems even when the sponsoring company follows the rules.
1. Misrepresented or unverified experience
In an employer-sponsored green card case, accuracy matters as much as eligibility. During the Program Electronic Review Management (PERM) process, the U.S. Department of Labor certifies the job’s minimum requirements, including the education, experience, and skills a worker must have. USCIS checks whether the person’s record meets those certified standards. Any information that appears misrepresented or cannot be verified can raise questions about credibility and delay or harm the case. A strong application depends on providing clear, truthful, and consistent documentation that fully supports what was certified under PERM.
2. Gaps or inconsistencies in work history
Small differences between your work history, resume, and what your employer includes in their petition can create confusion. A job that appears out of sequence, an incorrect date, or a change in title can make your record appear incomplete. Before submission, go over every section of your PERM, I-140, and I-485 to make sure they match exactly. USCIS officers review all filings to confirm that the information is accurate, consistent, and supported by evidence. They are required to verify that the facts in a petition are true and that the applicant qualifies for the requested classification.
3. Violation of status or unauthorized employment
Working without permission or allowing your legal status to lapse can seriously affect your green card application. USCIS checks whether applicants have maintained lawful status in the United States and followed the conditions of their visa. Even short periods of unauthorized work or being out of status can lead to problems later in the process. The safest way to protect your eligibility is to follow all visa rules and confirm that you remain in valid status before filing for adjustment of status.
4. Incomplete or conflicting documents
An incomplete record can slow or harm a green card case. Missing transcripts, unsigned experience letters, or unclear proof of education make it harder for USCIS to confirm eligibility. Officers review all evidence to see if the applicant’s background clearly supports the job being offered. Submitting a complete and well-organized file shows attention to detail and helps the case move forward without delays.
Employer red flags
Employers play a central role in every green card sponsorship. The Department of Labor and USCIS expect them to follow specific procedures to prove that the job offer is genuine, that U.S. workers had a fair chance to apply, and that all information in the petition is accurate. Even small compliance errors can lead to audits or denials. Understanding the most common employer-side issues helps both sponsors and applicants prevent delays and maintain credibility throughout the process.
1. Job opportunity that appears tailored to the foreign worker
Under the PERM process, the Department of Labor requires that every position be a genuine, full-time job available to qualified U.S. workers. Problems arise when the job posting or minimum requirements appear designed around the foreign employee’s exact background instead of the employer’s actual business needs. Overly specific criteria, such as rare skill combinations, narrow degrees, or specialized experience not typical for the occupation, can make it seem that the employer did not truly test the labor market. The safest approach is to define the role based on legitimate operational needs and provide clear documentation showing why each requirement is necessary for the job.
2. Incomplete recruitment records
The Department of Labor requires employers to conduct and document good-faith recruitment before filing a PERM application. This includes placing specific advertisements, listing the job with the state workforce agency, and maintaining evidence that the process was fair and consistent. Missing or poorly organized recruitment records can lead to an audit or denial because they prevent the officer from verifying that no qualified U.S. worker was available. Employers should keep detailed copies of all job postings, resumes received, interview notes, and reasons for rejection to demonstrate compliance if requested.
3. Inaccurate prevailing wage or job details
Before an employer can begin recruitment for a green card case, the Department of Labor must issue a prevailing wage determination. This ensures the offered wage meets or exceeds the standard pay for similar positions in the same area. A petition may face delays or denials if the job title, duties, or location listed in the PERM application differ from what was used to request the prevailing wage. Employers must ensure all details remain consistent across filings and that the wage offered matches the approved determination. This alignment confirms that hiring a foreign worker will not negatively affect wages or working conditions for U.S. workers.
4. Ownership or family relationship concerns
When the sponsored worker has a financial interest in the petitioning company or is related to its owners, the Department of Labor reviews the case carefully to confirm that the job offer is genuine. The PERM process is meant to ensure that a real employer and employee relationship exists and that the position is open to any qualified U.S. worker. If the foreign national controls the company or influences hiring decisions, the Department of Labor may question whether good-faith recruitment occurred. Employers should provide clear evidence of company ownership, management structure, and hiring authority to demonstrate that the job offer is legitimate and independent.
Conclusion
An employer-sponsored green card case succeeds when both the employer and employee handle every step with accuracy and care. Each filing, from the labor certification to the final adjustment application, depends on honest information and clear documentation. When both sides understand what immigration officers look for and follow the official guidance from the Department of Labor and USCIS, the process becomes more predictable and less stressful. A careful and truthful application remains the strongest foundation for success.
Source:
- USCIS. https://www.uscis.gov/policy-manual/volume-6-part-e-chapter-6
- Code of Federal Regulations. https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-245/section-245.1
- Code of Federal Regulations. https://www.ecfr.gov/current/title-20/chapter-V/part-656/subpart-D/section-656.40
- FLAG.DOL. https://flag.dol.gov/programs/prevailingwages
- DOL. https://www.dol.gov/agencies/oalj/PUBLIC/INA/REFERENCES/REFERENCE_WORKS/BALCA_PERM_DIGEST