employment based GC consular processing & Affidavit of Support


Registered Users (C)
My friend worked in US on H1b some time ago, later moved to India after i140 approval. He wants to apply for GC consular processing, his employer agreed to support.

When he sought legal advice on how to proceed, one attroney said its better to submit affidavit of support from family members in US along with DS260 application, another attorney said that its employment based GC, so affidavit of support from family members does not help, do not submit affidavit of support.

Can you please share your experiences and opinions on to submit the affidavit of support or not.

thanks in advance.


Well-Known Member
I-864 Affidavit of Support is not used for employment-based immigrants, unless the petitioning company is at least 5% owned by relatives of the beneficiary.