Dear Attorney Gurfinkel:
I own a care home, but I desperately need help. It is so hard to find caregivers because few people apply and they quit after a while. My niece in the Philippines would be willing to work at my care home as a caregiver. Is this possible? Can I petition a family member for an employment-based green card? What are the requirements?
Very truly yours,
LB
Dear LB:
Many people mistakenly believe the only way to bring family members to the US is through a family petition. This is not true.
Did you know it is perfectly legal to petition relatives for an employment-based green card? On my YouTube channel, US Immigration TV, I have featured several videos on this topic. On my television show, Citizen Pinoy, I have featured several success stories involving family members petitioning other family members for an employment-based green card:
In one case, a sister petitioned her younger brother as her office manager in her dental clinic.
In another case, an aunt petitioned her niece to work as a caregiver in her care home.
In yet another case, a niece petitioned her aunt as her housekeeper. (Her aunt had been a housekeeper in Singapore and was well-qualified for the job).
Many other people have petitioned cousins or other relatives as caregivers for their parents, at their care homes, or as housekeepers, to enable the person to work longer without having to rush home to do their own housework.
The basic requirements are:
There must be a real, actual job the person will truly work at once they get their green card. This cannot be a “job of convenience,” where they have no intention of working at the job.
The person being petitioned must have the education or experience for the job. However, jobs such as caregivers or housekeepers really do not require that much education or experience.
The employer must first make a good-faith effort to recruit and hire a qualified US worker. This is done by placing ads in newspapers and on certain websites. If a qualified American applies for the job, they get priority. However, typically, not many Americans apply for caregiving jobs.
The employer must demonstrate the “ability to pay” the salary, meaning the employer can afford to hire the worker. This is typically demonstrated by showing that the net income on the employer’s tax returns will equal at least the worker’s salary.
Right now, the process takes about three to four years, which is far shorter than most family-based petitions. Maybe you have a trusted relative in the Philippines or a housekeeper you left behind in the Philippines when you immigrated but would love to have them in the US helping you. Think how much easier your life would be and how much more peace of mind you would have if you could have a relative or other trusted person helping you out.
If this interests you, you should consult with an attorney who can help with this process.
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