The past couple of years have resulted in significant changes in how individuals view their employment and the benefits they derive from it. Both employers and employees are rethinking their needs and attempting to adjust to a shifting job market. The “Great Resignation” in 2021 saw employees leaving their jobs in large numbers and looking for better opportunities elsewhere. For employers seeking to hire and retain talented workers, it has led to a re-evaluation of what they can offer to remain competitive.

When an employer sponsors a foreign national for a nonimmigrant visa, one of the considerations that needs to be addressed are the long-term plans for this employee. Does the company have a permanent need for this individual? Can the company justify the time and costs associated with keeping the individual work authorized? From the employee standpoint, whether the company is willing to sponsor the employee for a green card is likely a driving force in their decision to accept an offer of employment or stay with the company in the long term. Generally, the path to a green card involves three steps and begins with the labor certification process. Historically, an employer may have elected to wait to start this process, opting for a probationary period before committing to the time and expense of green card sponsorship. However, with a changing market and considerable processing delays, the timeframe for starting this option may be sooner than previously anticipated, especially if the employer needs to account for potential expiration dates of an employee’s work visa and whether or not extensions of that visa are possible.