I’m undocumented. Can’t my boss apply for me?

22 Jun


I’ve been here illegally for a while.  My boss thinks I’m a great worker and says he’ll sponsor me so I can stay and live and work legally in the United States.  Can my boss apply for me?

Probably not.  There are two issues here.  The first is what kind of work you do.  Since you want to be able to stay here permanently you would want an employment immigrant visa.  These visas are very difficult to get as your employer must prove that no American workers are available to do the job that you would do.

The second problem is that you have accumulated unlawful presence.  Anyone who has been unlawfully present for more than 180 days is subject to a bar of 3 years or 10 years depending on the length of unlawful presence.  This means that you would not be eligible for a visa because visa eligibility also depends on admissibility.  You may have heard of people getting these time bars waived.  There are waivers available for these bars but only certain categories of people are eligible to apply for the waiver.  An employer is not eligible to apply for such a waiver.

This information is general and is not intended to be legal advice.  The use of this site does not create any attorney-client relationship.  You should seek the advice of a competent immigration attorney about your case.



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