Bringing a family member to the United States through an employment-based green card can seem like a smart workaround to long family-based immigration wait times. But it’s a complex and highly scrutinized process. U.S. immigration authorities, particularly the Department of Labor (DOL), monitor these cases closely to prevent abuse of the system.
If you’re a U.S. business owner or employer considering this strategy, here’s what you need to know about the PERM labor certification process, what counts as a family relationship, and how to prove the job offer is legitimate.
Why Employers Choose Employment-Based Green Cards for Family
Family-based green cards often involve lengthy wait times, especially for extended relatives. In contrast, employment-based immigration (such as EB-2 or EB-3 visas) can sometimes be faster and more flexible.
That’s why some U.S. employers consider sponsoring family members for employment-based green cards. However, this route requires strict compliance with DOL procedures to avoid application denial or even legal penalties.
Understanding the PERM Labor Certification
The Program Electronic Review Management (PERM) is the first step in most employment-based green card applications. Under PERM:
- The U.S. employer must conduct a fair recruitment process to test the labor market.
- They must prove that no qualified and available U.S. workers applied for the job.
- This process must be done in good faith, especially if the foreign worker is a family member.
If a family relationship exists between the employer and the sponsored foreign national, the DOL will closely investigate the genuineness of the job offer.
Who Counts as a Family Member Under PERM?
The Department of Labor’s definition of “family” is broader than many expect. You must disclose any relationship by:
- Blood (e.g., siblings, cousins)
- Marriage (e.g., in-laws, spouses)
- Adoption
- Step-relations
- Same-sex marriage, if legally recognized where performed
💡 Failure to disclose a family connection can result in denial or revocation of the PERM certification.
How the DOL Evaluates PERM Applications Involving Family
If the sponsored worker is related to the employer, the DOL will evaluate the totality of circumstances to determine whether the job offer is:
- Genuine
- Necessary to the business
- Appropriate for the foreign worker’s qualifications
They will ask:
- Is the family member objectively qualified for the position?
- Were U.S. candidates fairly recruited and considered?
- Was the job advertised properly?
- Is the job real, or is it a placeholder to bring in a relative?
Red Flags That May Lead to Denial
Certain facts can raise suspicions and lead to PERM denial:
- The foreign national founded the company
- They own or partially own the company
- They sit on the board of directors
- They influence hiring decisions
- Their qualifications are so unique that no other candidates could qualify
- They already manage or help manage the company
These scenarios may lead the DOL to reject the application, assuming lack of good faith.
Best Practices to Strengthen a PERM Case
If you plan to sponsor a family member, consider these strategies to build credibility:
- Use a third-party agency to conduct the recruitment process
- Document every recruitment step meticulously
- Be fully transparent about the relationship
- Prepare to show that no U.S. workers were qualified
- Ensure that the job is legitimate and needed in your business
Conclusion: Proceed with Caution
Sponsoring a family member for an employment-based green card is possible, but it’s filled with legal risks and regulatory challenges. The Department of Labor watches these cases closely to ensure that employers are not abusing the system to bypass normal family immigration procedures.
If you are serious about pursuing this path, it’s critical to consult with an immigration attorney experienced in PERM labor certification and employment-based green cards.