How Do I Ask Prospective H-1B Employer About Future Green Card Sponsorship?

When seeking employment with a company to sponsor you for a nonimmigrant (temporary) H-1B visa, you might want to know whether the company will sponsor you for a green card in the future. But as a prospective employee still going through the interview process, that conversation can be difficult.

It is only natural that you would want to know whether you can plan for a future in the United States if the company hires you. But, petitioning for a foreign national employee's green card can be expensive and time-consuming for a company. If you do not have a strong negotiating stance in your talks with the employer, bringing up this topic could sour negotiations.

The costs and benefits of initiating such a conversation depend on the overall conditions surrounding your negotiations with the employer. This article will describe what to take into account in determining how or whether to bring up the topic at all.

Are You at a Sufficiently Advanced Stage in Your Career to Have Leverage in Requesting Green Card Sponsorship?

Your potential employer might be more receptive to negotiating the topic of future green card sponsorship if you are particularly advanced or accomplished in your field.

Many people searching for H-1B employment sponsors are students or recent graduates from U.S. undergraduate or graduate education programs. If you have little previous employment experience, and do not have a previous relationship with the company you are applying to, it could be risky to ask about long-term green card sponsorship during the interview process. The company does not know your work product, and might be hesitant to make a long-term financial commitment under uncertain conditions. The negotiations could get sticky, and the company might consider other candidates if the interviewer feels you are asking for benefits too far outside of your negotiating power.

If you're a student, you might have already received temporary employment authorization and secured an employer pursuant to the Optional Practical Training (OPT) program. During your OPT employment, you could discuss with your employer the possibility of applying for H-1B status to continue employment after your OPT authorization expires. Because the company knows your work product and the value that you bring, it might be more receptive to questions regarding possible future green card sponsorship along with your transfer to H-1B status.

Or, perhaps you're searching for an H-1B employment sponsor as an established professional who wants to transfer your H-1B status to a different employer. In this case, you might not have a previous relationship with the company to which you are applying, but you likely have years of experience in the field. If you can demonstrate a solid track record of accomplishments, then you could be in a strong enough position to ask about future green card sponsorship.

If you have already been working with a company for some time, did not negotiate green card sponsorship when you were hired, and want to bring up sponsorship mid-employment, there is little risk in requesting sponsorship at this stage. You are, however, also in a relatively weak negotiating position. The company can simply decline your request. However, if you have made significant contributions to your company, or are willing to seek to transfer your H-1B to a new sponsor if your company declines your request, you might be able to negotiate sponsorship with your current employer or a new employer. You should strive to demonstrate that the value you have brought and will bring to the company in the future is greater than the cost and hassle of green card sponsorship.

How Established Is the Company That Would Sponsor You for a Green Card?

The process to petition for a green card is complicated and costly, and takes months to complete. Companies that have more financial and human resources to dedicate to employee retention might be more amenable to sponsoring H-1B employees for a green card than others.

Petitioning for a green card can cost a company anywhere between $6,000 and $15,000, depending on the type of immigrant petition the employer files and whether it will cover the costs for members of your family, as well. And even with the assistance of an immigration attorney, filing an immigrant petition can require significant time and attention from the employer in order to perform the required recruitment to test the labor market, for instance by posting newspaper advertisements and interviewing candidates.

Less established companies with small profit margins might not have the financial resources to dedicate to green card sponsorship, even if you bring great value as an employee. Larger companies with considerable financial reserves, by contrast, might consider the cost of green card sponsorship to be a minor expense in their budget.

Companies' human capital can be a determining factor as well. If the company is thinly staffed, the extra workload that an immigrant petition will bring might be more difficult to accommodate.

When Should You Bring Up Green Card Sponsorship With Your H-1B Employer?

If you're interviewing for an H-1B position, and have decided that you have a strong enough negotiating stance to ask about future green card sponsorship, it would be wise to wait until the final stages of the interviewing process to mention it.

If you bring up green card sponsorship in your first interview, it might seem like you are more interested in your own immigration benefits than you are in working for the company. Once the company has made you a written offer of employment, you should review the offer, and if future green card sponsorship is not mentioned, request that the possibility be added to the employment offer or contract.

If you have already had H-1B status for some time and are seeking to transfer your H-1B to a new employer, also consider whether you are nearing the end of your H-1B validity. H-1B status is valid for three years, and is ordinarily renewable only once, for a total of six years. In order to stay continuously in the United States at the end of your H-1B status, you need to have either secured permanent resident status (a green card) or meet the requirements for a "seventh year extension."

A seventh year extension is available to people who have started the immigrant petition process, but are subject to country-specific backlogs and will not be immediately eligible to apply for a green card. Those who fall into this category must initiate the immigrant petition process by one year (365 days) before the H-1B status expires. Significant preparation is often required to start the immigrant petition process.

Based on these factors, you should begin to discuss applying for a green card with your employer about two years before your H-1B status expires.