Form 9089

[GillG]

I am an employer looking to sponsor an employee for their Green Card. They are already in the US on H1-B visa and we would be applying for change of status to Perm. Do I still need to complete the Form 9089 and the associated recruitment campaign when the person is already working for the company? It seems a bit odd to me, as I am supposed to have a legitimate vacancy for the role, but given that I already have someone doing the job, I technically don't have a vacancy!

Obviously, if this step is still required I will do it, but it just seems to be a whole lot of wasted effort running a recruitment campaign for nothing.

Any advice would be much appreciated.

[immihelp]

Yes, you have to.

The person you have is on a temporary basis for a temporary job.

The person you want to file the green card for is for a future permanent job.

That temporary job and a future permanent job can be the same. Also, the person for both of those jobs can be the same.

In other words, you need to show that you have a permanent job opening, you can't find US people to do that job, therefore you have hire a temporary person and now you want to fill that job permanently, incidentally, with the same person. Therefore, you are requesting the government to give him the green card.

[GillG]

Ah, when you put it like that yes it makes perfect sense!

I'd better get busy with the recruiting

Thanks very much for your advice.