C-Corpの設立

Detailed explanation of C-Corpの設立 based on official information from USCIS・国務省. Social Insurance (Five Insurances & One Fund)

Published: January 12, 2026

C-Corporations and Green Card Sponsorship: A Comprehensive Guide

1. Overview

A C-Corporation (C-Corp) is a common legal structure for businesses in the United States, characterized by being a separate legal entity from its owners (shareholders). For immigration purposes, a U.S.-based C-Corp can act as a sponsoring employer for foreign nationals seeking lawful permanent residence, commonly known as a Green Card. This process allows the corporation to hire and retain international talent on a permanent basis by demonstrating that there are no qualified U.S. workers available for the specific position. The importance lies in providing a lawful pathway for skilled professionals to live and work permanently in the U.S., while enabling American companies to fill critical roles that support business growth and innovation.

2. Applicable Objects & Scenarios

This topic applies to:

  • U.S. C-Corporations of any size that wish to sponsor a foreign national employee for permanent residency.
  • Foreign national employees currently working for a U.S. C-Corp on a temporary work visa (e.g., H-1B, L-1, O-1) who seek to transition to permanent resident status.
  • Foreign nationals abroad who have a job offer from a U.S. C-Corp for a permanent, full-time position.

It is typically needed when a corporation intends to employ a foreign worker indefinitely. The most common scenario is the PERM Labor Certification process, where the employer must test the U.S. labor market before petitioning for the employee.

3. Core Conclusions

  • The sponsoring C-Corp must demonstrate the ability to pay the offered wage from the date the green card process is initiated.
  • The process is employer-driven; the corporation is the petitioner, not the employee.
  • Most employment-based green cards require a permanent, full-time job offer.
  • The process involves multiple steps with different government agencies (Department of Labor and U.S. Citizenship and Immigration Services) and can take several years.
  • Prevailing wage determination and testing the U.S. labor market are critical, mandatory steps.
  • Maintaining corporate compliance and valid business status is essential throughout the multi-year process.

4. Procedures & Steps

The most common path for a C-Corp to sponsor an employee is the EB-2 or EB-3 preference category, which typically requires a PERM Labor Certification.

Step 1: Preparation & Labor Market Testing

  1. Prevailing Wage Determination (PWD): The employer must file a request with the U.S. Department of Labor (DOL) to determine the prevailing wage for the offered position in the geographic area of employment.
  2. Recruitment: After receiving the PWD, the employer must conduct a series of recruitment activities to test if there are any able, willing, qualified, and available U.S. workers for the position. This includes posting job orders, advertisements, and following strict DOL guidelines.
  3. PERM Application (ETA Form 9089): If no qualified U.S. workers are found, the employer files the PERM Labor Certification application with the DOL. This step certifies that hiring the foreign worker will not adversely affect the U.S. labor market.

Step 2: Application & Submission to USCIS

  1. Immigrant Petition (Form I-140): After the PERM is certified, the employer files Form I-140, Immigrant Petition for Alien Worker, with U.S. Citizenship and Immigration Services (USCIS). This petition establishes the basis for the employee's eligibility and the corporation's financial ability to pay the promised wage.
  2. Supporting Documents: The I-140 must be accompanied by the certified PERM, proof of the employer's ability to pay (e.g., annual reports, tax returns, financial statements), and evidence of the employee's qualifications.

Step 3: Review, Confirmation & Final Adjustment

  1. USCIS Adjudication: USCIS reviews the I-140 petition. If approved, the employee is assigned a priority date (generally the date the PERM was filed) and a visa category (EB-2/EB-3).
  2. Waiting for Visa Availability: The employee must wait for their priority date to become "current" according to the monthly Visa Bulletin published by the Department of State, which is based on their country of chargeability and preference category.
  3. Adjustment of Status or Consular Processing:
    • If the employee is in the U.S., they can file Form I-485, Application to Register Permanent Residence or Adjust Status, once their priority date is current.
    • If outside the U.S., they will undergo consular processing at a U.S. embassy or consulate to obtain an immigrant visa.

5. Frequently Asked Questions (FAQ)

Q1: Can a startup or small C-Corp sponsor an employee for a green card? A: Yes. The key requirement is the ability to pay the offered wage from the time the PERM is filed onward. Startups can demonstrate this through audited financials, bank account statements, investor funding documents, or other evidence of sufficient net income or current assets.

Q2: What happens if the employee leaves the company during the green card process? A: The process is employer-specific. If the employee leaves before obtaining the green card, the petition generally becomes void. They would need to restart the process with a new employer. Porting a priority date to a new employer is possible under certain conditions after an I-140 is approved for 180 days or more.

Q3: How long does the entire process take? A: The timeline varies significantly. The PERM process can take 12-18 months. I-140 processing times vary by service center. The longest wait is often for visa availability, which can range from several years to over a decade for employees from countries with high demand like India and China in the EB-2/EB-3 categories.

Q4: What are the main costs involved for the C-Corp? A: Costs include government filing fees (for PWD, PERM, I-140, etc.), legal fees, and recruitment advertising costs. The employer is required by law to pay all costs associated with the PERM process and the I-140 petition. Specific fee amounts should be verified with official USCIS and DOL sources.

Q5: Is there an annual limit on how many green cards a C-Corp can sponsor? A: There is no limit on the number of petitions (I-140s) a company can file. However, there are annual numerical limits (quotas) on the number of green cards issued per country and per preference category, which cause backlogs.

Q6: Can a C-Corp sponsor an owner/employee? A: Yes, but it is complex. The corporation must be a separate legal entity. The sponsored owner-employee must be providing services as an employee, and the company must demonstrate a legitimate employer-employee relationship with the ability to hire, fire, pay, and supervise. The PERM recruitment must be bona fide and the position must be permanent.

6. Risks & Compliance

  • Audit Risk: PERM applications are subject to audit by the DOL. Incomplete or improperly documented recruitment can lead to denial.
  • Corporate Changes: Mergers, acquisitions, or significant changes in the company's structure or financial health during the process must be reported and can impact the petition.
  • Wage Compliance: The employer must pay the higher of the prevailing wage or the actual wage paid to similarly employed workers from the time the employee becomes a permanent resident.
  • Good Faith Recruitment: Recruitment must be conducted in good faith. The job requirements must be the actual minimum requirements for the position and cannot be tailored to the foreign worker's qualifications.
  • Disclaimer: This article is for informational purposes only and does not constitute legal advice. Immigration laws and policies change frequently. Companies and individuals should consult with a qualified immigration attorney for guidance on their specific situation.

7. References & Sources

8. Related Topics

  • H-1B Visa: Common temporary work visa often used before pursuing a green card.
  • L-1 Visa: Intracompany transfer visa for managers, executives, or employees with specialized knowledge.
  • EB-1 Visa: Green card category for priority workers (extraordinary ability, outstanding professors/researchers, multinational managers/executives) which may not require PERM.
  • Form I-9 Employment Eligibility Verification: Process all employers must complete for every hire.
  • Social Security Number (SSN) and Individual Taxpayer Identification Number (ITIN): Required identification numbers for work and tax purposes.
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