Employer Refusing to Sponsor Green Card After Years on H-1B: Your Options
You've worked on H-1B for years but employer won't start green card process. Here's what you can do to get permanent residency anyway.
Quick Answer
Employers aren't legally required to sponsor green cards. If refused after years, explore self-petition options (EB-1A extraordinary ability or EB-2 NIW national interest waiver), find new employer willing to sponsor, consider marriage-based green card if applicable, explore L-1 transfer then EB-1C path, or accept H-1B extension indefinitely. Document everything if employer promised sponsorship in offer letter.
Key Takeaways
Employers have no legal obligation to sponsor green cards
EB-1A and EB-2 NIW allow self-petition without employer
Change employers using H-1B transfer to sponsor-willing company
Verbal promises don't create legal obligations, written offers might
H-1B can be extended indefinitely but creates career limitations
Start exploring alternatives immediately, don't wait years more
Key Takeaways
Employers have no legal obligation to sponsor green cards
EB-1A and EB-2 NIW allow self-petition without employer
Change employers using H-1B transfer to sponsor-willing company
Verbal promises don't create legal obligations, written offers might
H-1B can be extended indefinitely but creates career limitations
Start exploring alternatives immediately, don't wait years more
Table of Content
Why Employers Refuse Sponsorship
Common reasons include cost ($15,000-$25,000 in legal fees plus management time), concern you'll leave after getting green card, company policy against sponsorship, uncertainty about business future, or lack of understanding of process complexity. Some employers string you along with "maybe next year" indefinitely as retention tactic.
Many employers genuinely believe H-1B sponsorship obligates them to green card sponsorship. It doesn't. H-1B and green card are separate processes with separate requirements and costs.
Self-Petition Options
EB-1A (Extraordinary Ability): No employer required. Prove extraordinary ability through meeting 3 of 8 USCIS criteria. More accessible than many think. Software engineers, researchers, entrepreneurs, business leaders can qualify with strategic evidence presentation. Processing: 12-18 months. Cost: $8,000-$20,000 in attorney fees.
EB-2 NIW (National Interest Waiver): Self-petition requiring advanced degree or equivalent. Prove your work benefits U.S. national interest. Popular for STEM fields, healthcare, research. Processing: 12-18 months. Cost: $8,000-$20,000.
Both options mean you're not dependent on employer for green card. You can continue working on H-1B while petition processes, change jobs freely after filing, and maintain priority date even if changing employers.
Changing Employers
Find company willing to sponsor green card. Many employers specifically recruit for green card sponsorship. Tech companies, consulting firms, and multinationals commonly sponsor. Use H-1B transfer to new employer, have them start PERM immediately, and document sponsorship commitment in offer letter.
Questions to ask new employer:
Will you sponsor green card and when?
What's timeline expectation for PERM filing?
Do you have established immigration support process?
How many employees have you sponsored successfully?
Get written commitment. Verbal promises are worthless.
Legal Options if Promises Were Made
If offer letter stated green card sponsorship and employer refuses, you may have legal claim for breach of contract. Consult employment attorney (not just immigration attorney). Some employers settle rather than face litigation.
Document everything: Save offer letter mentioning sponsorship, email communications about green card timeline, witness statements from colleagues about promises, and records of your performance (showing you held up your end).
Staying on H-1B Indefinitely
If no green card materializes, H-1B can extend indefinitely in 1-3 year increments as long as you maintain valid status. However, this creates limitations: employer lock-in (changing jobs requires transfer), travel complications (need valid visa stamp), spouse can't work without approved I-140 for H-4 EAD, and career uncertainty affects major life decisions.
Option | Timeline | Employer Needed? | Cost | Success Rate |
|---|---|---|---|---|
EB-1A | 12-18 months | No | $8K-$20K | Medium (with strong case) |
EB-2 NIW | 12-18 months | No | $8K-$20K | Medium-High (STEM fields) |
New employer | Immediate transfer | Yes | Varies | High (if employer committed) |
Marriage-based | 12-18 months | No | $2K-$5K | High (if genuine relationship) |
Stay on H-1B | Indefinite | Yes (current) | Minimal | Guaranteed but limited |
Alternative Paths
Marriage to U.S. citizen or permanent resident provides independent green card path. Don't marry solely for immigration benefit, but if in genuine relationship, this solves employer dependency. L-1 transfer if employer has foreign office allows working abroad then transferring back, potentially qualifying for EB-1C multinational manager path. Some return to home country temporarily to build extraordinary ability credentials for future EB-1A self-petition.
Taking Action
Don't wait passively hoping employer changes mind. Start exploring self-petition options immediately. Consult immigration attorney about EB-1A/NIW feasibility. Update resume and begin confidential job search at sponsorship-friendly companies. Document all promises and communications. Set deadline for employer response and backup plan if refused again.
Many immigrants waste 3-5 years waiting for employer to "eventually" sponsor, then scramble when priorities change. Be proactive now.
Why Employers Refuse Sponsorship
Common reasons include cost ($15,000-$25,000 in legal fees plus management time), concern you'll leave after getting green card, company policy against sponsorship, uncertainty about business future, or lack of understanding of process complexity. Some employers string you along with "maybe next year" indefinitely as retention tactic.
Many employers genuinely believe H-1B sponsorship obligates them to green card sponsorship. It doesn't. H-1B and green card are separate processes with separate requirements and costs.
Self-Petition Options
EB-1A (Extraordinary Ability): No employer required. Prove extraordinary ability through meeting 3 of 8 USCIS criteria. More accessible than many think. Software engineers, researchers, entrepreneurs, business leaders can qualify with strategic evidence presentation. Processing: 12-18 months. Cost: $8,000-$20,000 in attorney fees.
EB-2 NIW (National Interest Waiver): Self-petition requiring advanced degree or equivalent. Prove your work benefits U.S. national interest. Popular for STEM fields, healthcare, research. Processing: 12-18 months. Cost: $8,000-$20,000.
Both options mean you're not dependent on employer for green card. You can continue working on H-1B while petition processes, change jobs freely after filing, and maintain priority date even if changing employers.
Changing Employers
Find company willing to sponsor green card. Many employers specifically recruit for green card sponsorship. Tech companies, consulting firms, and multinationals commonly sponsor. Use H-1B transfer to new employer, have them start PERM immediately, and document sponsorship commitment in offer letter.
Questions to ask new employer:
Will you sponsor green card and when?
What's timeline expectation for PERM filing?
Do you have established immigration support process?
How many employees have you sponsored successfully?
Get written commitment. Verbal promises are worthless.
Legal Options if Promises Were Made
If offer letter stated green card sponsorship and employer refuses, you may have legal claim for breach of contract. Consult employment attorney (not just immigration attorney). Some employers settle rather than face litigation.
Document everything: Save offer letter mentioning sponsorship, email communications about green card timeline, witness statements from colleagues about promises, and records of your performance (showing you held up your end).
Staying on H-1B Indefinitely
If no green card materializes, H-1B can extend indefinitely in 1-3 year increments as long as you maintain valid status. However, this creates limitations: employer lock-in (changing jobs requires transfer), travel complications (need valid visa stamp), spouse can't work without approved I-140 for H-4 EAD, and career uncertainty affects major life decisions.
Option | Timeline | Employer Needed? | Cost | Success Rate |
|---|---|---|---|---|
EB-1A | 12-18 months | No | $8K-$20K | Medium (with strong case) |
EB-2 NIW | 12-18 months | No | $8K-$20K | Medium-High (STEM fields) |
New employer | Immediate transfer | Yes | Varies | High (if employer committed) |
Marriage-based | 12-18 months | No | $2K-$5K | High (if genuine relationship) |
Stay on H-1B | Indefinite | Yes (current) | Minimal | Guaranteed but limited |
Alternative Paths
Marriage to U.S. citizen or permanent resident provides independent green card path. Don't marry solely for immigration benefit, but if in genuine relationship, this solves employer dependency. L-1 transfer if employer has foreign office allows working abroad then transferring back, potentially qualifying for EB-1C multinational manager path. Some return to home country temporarily to build extraordinary ability credentials for future EB-1A self-petition.
Taking Action
Don't wait passively hoping employer changes mind. Start exploring self-petition options immediately. Consult immigration attorney about EB-1A/NIW feasibility. Update resume and begin confidential job search at sponsorship-friendly companies. Document all promises and communications. Set deadline for employer response and backup plan if refused again.
Many immigrants waste 3-5 years waiting for employer to "eventually" sponsor, then scramble when priorities change. Be proactive now.
Frequently Asked Questions
Can employer legally refuse green card sponsorship?
Yes. Employers have no legal obligation to sponsor green cards even after years of H-1B sponsorship. It's entirely discretionary business decision.
What if offer letter promised sponsorship?
If written offer states green card sponsorship, you may have breach of contract claim. Consult employment attorney. Many employers settle to avoid litigation.
How realistic is EB-1A for software engineer?
More realistic than most think. With strategic evidence presentation showing impact, publications, high salary, leadership roles, many engineers qualify. Consult specialized attorney.
Can I file EB-2 NIW while on H-1B?
Yes. NIW is self-petition. You can file while working on H-1B and continue H-1B extensions while NIW processes.
Should I tell employer I'm exploring self-petition?
No. This may trigger retaliation or termination. Explore options confidentially and inform only after petition is filed and approved.
Table of Contents
Quick Resources
Explore Topics
0%
Explore Topics
0%