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Ask whether your employer sponsors permanent residence for your exact role, level, work location and employing legal entity—not merely whether the company sponsors employees in general. Get the answer and timing in writing, identify the entity that would file, then check that entity in the U.S. Department of Labor (DOL) public PERM disclosure data. A filing history is useful context, but it does not promise sponsorship, petition approval or a green card.
Most employer-sponsored cases use a DOL labor-certification step (PERM) followed by an employer-filed Form I-140 with U.S. Citizenship and Immigration Services (USCIS). Some employment-based categories skip labor certification, so the appropriate route depends on your category and facts.
Use four evidence checks, in this order
- Company policy: confirm sponsorship is available for your position, level, location and employment type.
- Petitioning entity: obtain the employer’s complete legal name and verify whether it is the entity that actually employs you.
- Public history: search that legal name in DOL’s Office of Foreign Labor Certification (OFLC) performance-data portal and review PERM case outcomes and dates.
- Case plan: ask which immigrant category is expected, when preparation would begin, what conditions apply and who will handle the case.
These checks answer different questions. HR can explain current policy; DOL records show historical filings; neither source proves that your individual petition will be filed or approved.
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Ask for specific, written answers rather than relying on a broad statement such as “we sponsor.” The following questions expose whether a policy actually covers your situation.
Does sponsorship cover this job?
Ask: “Does the company sponsor employment-based permanent residence for this role, level, work location and type of employment?” A company may sponsor senior engineers but not contractors, short-term assignments, entry-level roles or positions in a particular office. Confirm whether your job must remain full time, permanent and tied to a specific location.
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Which legal entity would file?
Request the petitioner’s full legal name, including corporate suffixes. It may differ from the brand name on your offer letter or pay statement because a parent, subsidiary or affiliate could employ you or file the petition. Ask whether the proposed petitioner is also your employing entity and how a transfer between related companies would affect the case.
When would the process start?
Ask for the expected starting point and the milestones that precede it. A company might require a probationary period, a minimum tenure, budget approval, a completed job description or a performance rating. An existing temporary work visa, a labor-condition filing or an offer letter does not by itself mean a permanent-residence case has begun.
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What conditions must you meet?
Ask whether you must remain in the role for a specified period, maintain a particular title or work location, or meet performance requirements. Request the current written immigration policy and ask how it treats promotions, reorganizations, remote work, leaves of absence and transfers.
Who pays which expenses?
Ask for a written breakdown of employer and employee expenses, including attorney work, government filing fees, recruitment-related costs and any medical or document expenses that may arise later. Policies sometimes address reimbursement or repayment if employment ends. The general government materials do not establish your employer’s internal policy or a universal answer for every expense, so rely on the company’s current policy and individualized legal advice.
Who is your case contact?
Identify the immigration program manager and outside counsel, if any. Ask what information you will receive, how often updates are provided, whether you will receive copies of filings and decisions, and whom to contact if your duties or location change.
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How will the employer support the offered job?
For a petition based on a job offer, USCIS requires the employer to demonstrate ability to pay the proffered wage under the applicable rules. Ask how the company expects to support the position through the process. You generally cannot verify the petition’s financial evidence from public PERM records, so treat a clear explanation as an important part of evaluating the offer.
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DOL’s OFLC performance-data portal publishes disclosure files for PERM and other foreign-labor programs. The files combine information supplied by employers with system-generated filing, determination and decision dates.
- Get the exact entity name. Copy the legal name from HR or your employment documents. Record alternate names, former names and likely subsidiaries only as additional searches.
- Open the PERM disclosure data. Select the most recent release available and the PERM application data, rather than assuming a company name search on a general web page is complete.
- Search spelling variants. Try the formal name, punctuation variants and known affiliates. A brand name may produce no result even when a related legal entity has filings.
- Review the whole record. Note filing dates, case status and final determination, not just the number of rows. Separate certified cases from denials, withdrawals and other outcomes shown in the file.
- Check the release period. The latest release identified here was FY2026 Q3. DOL said it covered final determinations issued from October 1, 2025 through June 30, 2026. That is a data-coverage window, not a sponsorship success rate.
- Ask HR about discrepancies. If your employer reports many filings but you find none, ask whether another entity filed, whether the cases fall outside the release period or whether a determination is not yet public.
DOL cautions that employer-specific information in these files was provided by employers. A record is historical evidence, not a current commitment to sponsor you.
What a record—or no record—actually tells you
If you find several filings
Multiple PERM applications show that the named entity has used the labor-certification process. They may indicate experience with sponsorship and an established process, but they do not prove that your position qualifies, that the company will choose to sponsor you, or that a future petition will meet USCIS requirements. Do not convert a filing count into a probability of receiving a green card; no reliable employer-specific success rate is established here.
If you find no filings
An empty search is not proof that the company never sponsors. The employer may use a different subsidiary, have no final determinations in the period searched, or have a recent filing that has not produced a public determination. Ask HR to identify the filing entity and explain the date range.
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If the outcomes are mixed
Certified, withdrawn and denied cases can reflect different occupations, wage levels, locations or recruitment circumstances. Public data normally does not reveal the complete petition evidence or the business reason for each outcome. Use the history to ask better questions, not to rank employers mechanically.
What “sponsorship” usually involves
USCIS describes employer sponsorship as a multistep process. In the common route, the employer first obtains labor certification from DOL and then submits Form I-140 to USCIS. If the category does not require labor certification, the employer may begin with the immigrant petition instead.
PERM labor certification
PERM is an employer filing. DOL explains that labor certification is intended to establish that there are not enough able, willing, qualified and available U.S. workers for the offered job, and that employing the foreign worker will not adversely affect wages and working conditions of similarly employed U.S. workers. The employer, not the employee, controls the filing and recruitment process.
Form I-140 immigrant petition
After an approved labor certification when one is required, the employer files Form I-140 with USCIS for the selected employment-based category. The filing expresses an intention to employ you in the offered permanent position if the petition is approved. I-140 approval itself does not grant permanent residence.
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Even an approved petition does not end the process. An immigrant visa number must be available under the applicable preference category and country limits. You then complete the next step through adjustment of status in the United States or immigrant-visa processing abroad, depending on your circumstances. Ask counsel how your category, priority date and current immigration status affect that sequence.
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Categories that do not use PERM
Some employment-based classifications do not require prior labor certification. The correct category and evidence depend on your qualifications, the offered job and the employer’s facts. Do not assume that a colleague’s route is yours; ask who will select the category and why.
Employer ability to pay matters
For a petition requiring a job offer, USCIS requires evidence that the employer can pay the offered wage under the applicable rules. The regulation examples reproduced in a USCIS administrative decision include annual reports, federal tax returns and audited financial statements. A company’s PERM history cannot answer whether it can document ability to pay for your particular petition. Ask how the employer expects to support the wage and whether a material business change could affect the filing.
Compare potential employers on substance, not filing volume
When two offers are otherwise similar, compare the factors below. Record the answer, the date it was given and the legal entity involved.
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|---|---|---|---|
| Coverage for your role, level and location | Record the written policy | Record the written policy | A company-wide statement may exclude your position. |
| Expected start and prerequisites | Start point, tenure and conditions | Start point, tenure and conditions | Timing can differ by months or years before any filing. |
| Petitioning legal entity | Full legal name | Full legal name | Entity changes can affect eligibility and continuity. |
| DOL PERM history | Dates and outcomes found | Dates and outcomes found | Historical context only; not a guarantee or success rate. |
| Communication and continuity | Contact, update cadence and change policy | Contact, update cadence and change policy | You need notice when duties, location or employment change. |
| Ability-to-pay explanation | How the offered wage will be supported | How the offered wage will be supported | Required evidence concerns the specific petition. |
Do not treat a larger filing count as a ranking. A smaller employer with a clear policy and a realistic start date may be more useful to you than a large employer whose policy excludes your role.
Warning signs and practical follow-up
- Only verbal assurances: request the policy, expected category and start conditions in writing.
- “We sponsor everyone” without an entity name: ask which company signs the petition and employs you.
- No defined trigger: ask what event starts the process and who approves it.
- Confusion between temporary and permanent status: ask separately about your current visa, PERM and I-140.
- Unclear repayment language: request the complete reimbursement agreement before signing.
- Silence about transfers or remote work: ask how a location, title, manager or affiliate change would be handled.
- Pressure to make a legal decision quickly: consult a qualified immigration attorney before accepting terms that could affect status or financial obligations.
Keep a personal evidence file
Save the job description, offer letter, legal entity name, written policy, HR answers, counsel’s contact information and every notice you receive. Keep dated copies of changes to title, duties, salary, worksite and reporting structure. A simple timeline helps you identify whether the facts still match the proposed filing.
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- Employer’s full legal name and affiliates
- Role, occupational duties, salary and primary worksite
- Written sponsorship policy and prerequisites
- Expected category and process start date
- Names of HR and immigration counsel contacts
- Cost and repayment terms
- Copies of DOL and USCIS notices supplied to you
How job changes can affect the plan
Ask before accepting a promotion, changing offices, moving to remote work, transferring to an affiliate or leaving the company. The offered position, employer entity and worksite are central facts in many filings. A change may require a new filing, an amended strategy or a different category; only qualified counsel can assess your specific situation. Your employer should explain its notification process so that counsel can review changes before they occur.
Understand the limits of public data and dated guidance
The OFLC portal is refreshed with new disclosure releases, so search the newest available file and note its coverage dates. The FY2026 Q3 release cited above reports final determinations through June 30, 2026; it does not report every application filed after that date or predict future decisions.
USCIS employer guide M-583B, dated October 2013, accurately describes the general multistep nature of sponsorship but is not a substitute for current form instructions, fees or policy updates. A 2013 USCIS administrative decision discussing ability to pay reproduces regulatory examples; current requirements should be confirmed in live USCIS instructions. Individual eligibility, category selection, employer policy, costs and timing depend on facts and current law.
A decision worksheet you can use after the meeting
- Write the exact role, level, worksite and employment type covered by the offer.
- Record whether HR expressly confirms sponsorship for those facts.
- Enter the petitioner’s complete legal name and whether it employs you.
- Write the proposed category, the event that starts the process and every prerequisite.
- List employer and employee costs, including any repayment language.
- Record the immigration contact, counsel and update schedule.
- Search the entity in DOL’s PERM disclosure data and save the release name and coverage dates.
- Ask HR to explain any mismatch between its history and the public record.
- Have a qualified immigration attorney review case-specific questions before relying on the plan.
Bottom line
The most dependable answer comes from matching a written company commitment to your specific job and legal entity, then using DOL’s PERM disclosures as historical corroboration. Confirm the start conditions, category, costs, ability-to-pay support and communication plan. Treat every public filing as context—not a promise that the employer will sponsor you, that USCIS will approve the petition or that an immigrant visa will be available.
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