To sponsor an immigrant for work in the U.S., there are a number of steps required:
- Ensure the position qualifies as a specialty occupation
- Determine the rate of pay for the position
- Notify the U.S. workforce
- Submit a Labor Condition Application to the DOL for certification
- Register with the USCIS for the annual H-1B Lottery
- Await the Lottery selection results
- Submit a completed Form I-129 to USCIS
- Instruct your prospective worker to apply for a visa or admission
Full Answer
Does an employer have to sponsor a work visa?
These visas are temporary and must be renewed regularly. Visa sponsorship means an employer is willing to obtain a work visa for highly-qualified candidates who live outside the United States. It’s not a simple process for employers. They must prove that they were unable to fill their vacancies with qualified American workers for sponsoring a visa.
Can I get a work visa without a sponsor?
Since there are so many US visas, it can be confusing to know which ones are for employment. Even within the US work visas, for very short seasonal work you might not need a sponsorship. But you must keep in mind that most employment offers in the US will need a visa sponsorship. The US visas have groups of nonimmigrant and immigrant visas.
Is it easy to get a work visa in the USA?
Obtaining a US Work Visa
- Have a job offer from a US-based employer. Before you even start the process of a work visa application, you need to have had a concrete offer from a US-based ...
- An approved petition by the USCIS. ...
- There are some types of visas that require additional approval from the Department of Labour (DoL). ...
What visa do I need to work in the USA?
- U.S. Green Card Holder
- Exchange Visitor Visa
- Temporary Work Visas (Non-Agricultural)
- Temporary Worker Visas (Skilled Workers)
- Seasonal Agricultural Worker Visas
How do I sponsor an employee for a work visa in the U.S.?
Prepare to file a Labor Condition Application. File a Labor Condition Application. Obtain a visa.
Can I sponsor an immigrant for work?
Yes. Employers are allowed to sponsor immigrants for work in the United States by submitting Form I-129.
How do you sponsor an employee?
Prepare to file a Labor Condition Application. File a Labor Condition Application. Obtain a visa.
How much does it cost to sponsor an employee in the U.S.?
It can cost between $1,000.00 and $4,500.00 to sponsor an employee in the U.S., excluding legal fees.
Are you eligible to work in the US without sponsorship?
No. Without a sponsorship from an employee, you will not be granted a work visa.
Is there an employer guide to the H-1B visa?
You can follow our detailed steps to apply for an H-1B visa for a foreign employee.
What is a US Visa Sponsorship?
The company you plan to work for must know that you are not a US citizen or Legal Permanent Resident (LPR). If the employer is aware and still wants to hire you, then they agree to sponsor you.
How Do I Get a Sponsor Letter for US Visa?
As explained, getting a sponsorship employment visa requires you to have an offer from a US employer. The US employer must send you a contract to sign, which will then be part of the sponsorship documents.
How Long is the Sponsor visa USA valid?
Once you go to the US, you can start working. But if you have a nonimmigrant work visa, then its validity is temporary. This means that after some time, it will expire.
How much does the sponsor visa cost?
Especially to the US employer who has to pay most of the fees. Depending on the visa, it might cost up to a few thousand dollars to sponsor a foreign employee. Because it is so expensive, employers are reluctant to do it.
What is a nonimmigrant visa?
Nonimmigrant Visas Employment Sponsorship. US nonimmigrant visas are for temporary stays in the country. They are not Green Cards and do not give the right to their holders to become US citizens. There are many types of US nonimmigrant visas, but some of the most popular are the employment ones.
What does it mean to sponsor an employer?
If the employer is aware and still wants to hire you, then they agree to sponsor you. A US visa or employment sponsorship means that the employer in the US is hiring you. They are guaranteeing to the US visa authorities that you will be a legal working resident. The employer will state that you will work the job position they hired you for.
How long is a non-immigrant visa valid?
How long the nonimmigrant work visa is valid depends on the type of visa you have. Some like the H-1B visa are valid for 3 years, while others could only be valid for 1 year. So you must check the details of your visa to not overstay. When the time comes for your visa to expire, some can get extensions.
What happens if a petition for a work visa is approved?
If the petition for your work visa is approved by the USCIS, only then will you be given instructions on what you need to do next to actually begin the US work visa application process.
What is the first step to getting a work visa?
As you now know, landing a job offer is one of the first steps toward getting a US work visa. But what happens next?
What is a non-immigrant visa?
Non-Immigrant Visas. You’re eligible if you have at least a bachelor’s degree and a job offer that requires specialized skills. This is the most popular US work visa. You’re eligible if you are transferring from a company you work for outside of the US to an affiliate branch of the same company in the US .
What are the different types of work visas?
Well, for starters, it’s important you know that there are two main types of work visas: 1 Non-immigrant work visas for temporary employment and.
Is moving to the US a dream?
Moving to the US for work is a common dream for ambitious people all over the world. But making that dream come true requires preparation and planning.
Can a company sponsor a work visa?
Not all US companies will be able or willing to sponsor your work visa. But here’s a list of the types of companies that typically sponsor US work visas for foreign nationals:
What is Work Visa sponsorship?
The very first step in getting a work visa is finding a sponsor. Your sponsor will need to submit an application on your behalf and prove that they can employ you. They will also need to prove that there are no qualified local citizens available and willing to do the job.
How long will it take to get a work visa?
In most cases, work visa sponsorship applications will take a few weeks to several months. In some cases, the application may even be rejected altogether!
What qualifies you for a work visa?
The work visa requirements vary from country to country , but some standard requirements apply in most cases.
How long is a work visa last?
A work visa will usually be valid for a specific time, usually between one and five years. Once the permit expires, you will need to leave the country or apply for an extension.
What if my work visa expires?
If your work visa expires, you will need to leave the country or apply for an extension. It is important to remember that work visas are not permanent and cannot stay in a country indefinitely. You must either find another sponsor or leave the country when your visa expires.
How much does it cost to get a work visa?
The cost of getting a work visa will vary depending on which country you are applying in and the type of visa you require. In some cases, there may be no charge at all, while other visas may come with a hefty price tag.
Are there any restrictions on what I can do with my work visa?
If you have a temporary work visa, you may be limited to the type of work you can do and the amount of time you are allowed to stay in the country.
Who can use H1-B visas?
Nonimmigrants who are slated to work under a “specialty occupation” are eligible to be sponsored by their future employer for an H1-B visa. They must hold a minimum of a bachelor’s degree or its equivalent from an accredited university. Those with higher education can also receive this visa.
How are H-1B visas different from other nonimmigrant visa programs?
However, an H1-B visa provides the most streamlined process to gain permanent resident status for a foreign employee through a concept known as “dual intent.”
What is an H-1B visa?
Obtaining an H1-B visa will allow a United States company or employer to sponsor a nonimmigrant to come to the United States and work in what’s known as a “specialty occupation.”
How long can a nonimmigrant work in the US?
A nonimmigrant worker that receives an H-1B visa can work in the U.S. for up to three years on an initial grant of status. The employer has the ability to extend the status of that worker for only an additional three years, unless the employer seeks an employment-based green card for that worker while they’re in the U.S. on their H-1B visa.
When did Trump suspend H-1B workers?
Before we go further, an important note: President Trump issued a proclamation in June 2020 that suspended the entry of many H, J, and L temporary workers into the U.S., specifically including H-1B workers. In October 2020, U.S. District Judge Jeffrey S. White halted the implementation of the proclamation with a preliminary injunction ...
Who files the petition for the worker?
The employer files all of the petition documentation for the worker and pays for all the fees associated with the petition process.
Is a new hire affected by LCA?
Working employees will not be affected by the new hire. There has not been, or will not be, a controversy regarding labor conditions or pay at the time of hiring. The LCA is reviewed within about a week of submission to ensure it was filled out completely and accurately.
How much does an immigrant need to sponsor?
Currently the minimum income required to sponsor an immigrant is $60,000 . This does not mean that the employee is limited to making this amount, rather it is the federal minimum salary and the employee must be paid the actual or prevailing wage for their job.
Why do businesses hire immigration lawyers?
Due to the confusing nature of fee schedules as well as statutes regulating immigration and hiring practices of a non-immigrant worker, many businesses will hire an immigration attorney to save on costs and effectively guide them through this process.
Who is Eligible for an H-1B Visa?
These positions usually require a bachelor’s degree (or higher) in the specialty field. ( USCIS)
How many employees does a non-immigrant need to have to pay for Homeland Security?
These fees and costs are mainly dependent on a business having more or less than 50 employees.
How much was the American Competitiveness and Workplace Improvement Act of 1998?
American Competitiveness and Workplace Improvement Act of 1998 – $1,500
What is an employee sponsor?
An employee sponsor is typically someone in upper-level management or executive professional within an organization who financially supports an employee from another country. The financial backing employers provide to sponsor foreign employees is usually assistance with getting a work visa so an employee can temporarily work for the hiring company.
Types of work visas
There are several types of work visas that support employee sponsorship, and the specific work visa that your organization needs can depend on the type of job you hire foreign talent to perform. Work visas fall into two categories: non-immigrant and permanent work visas.
Who is eligible for work visas and sponsorship of employment?
Foreign employees seeking sponsorship through temporary work visas must meet several eligibility requirements specific to the type of visa they're applying for. Essentially, temporary work visas are available to candidates whose work belongs in one of the following categories:
How to sponsor an employee
If you're pursuing an employee sponsorship program, the following steps can provide some insight into the steps you can expect to take in the process:
Benefits of employee sponsorship programs
Sponsoring a foreign employee can be extremely beneficial for an organization, so if your leadership role gives you the ability to find and sponsor highly qualified candidates from other countries, consider some reasons why many specialized industries may sponsor foreign employees:
Who Can Sponsor a Visa?
Ideally, getting a Visa sponsorship is possible only when you have a working job offer in your name from a US company. In other terms, the employer would sponsor the Visa and submit related documents on your behalf. But they can make the sponsorship only in certain situations.
What is visa sponsoring?
Visa Sponsorship is a set of documents which states and guarantees working status and job profile within the United States. Ideally, if you are looking to relocate to the US, you would need to find a job, and the employer, in turn, has to be willing to hire a non-resident employee for the particular job profile.
What happens if a visa is approved?
At this point in time, the employee can start the actual Visa application process in their home country, with the US Embassy.
How long does a sponsor visa last?
For instance, if you opt for an Immigrant Visa, it is a permanent solution. This effectively means you are a Green Card holder with a validity of 10 years, followed by unlimited extensions. You can also apply for permanent citizenship after five years of your stay in the United States.
How long does it take for a visa to be approved?
This takes some time, depending upon the total number of pending cases with the USCIS. Sometimes, it takes months for the application to be processed.
How much does a visa sponsorship cost?
In general, a visa sponsorship costs approximately $4000 but may cost $8-9,000 if a company has more than fifty employees and 50% of those employees are foreign nationals.
Can a non-immigrant sponsor a green card?
This is valid for individuals who are only temporarily moving to the country. This means Non-immigrant visa holders are not eligible for Green Cards, indicating that the Visa does not qualify for US citizenship later.
How to ask someone if they have been hired?
Then contact those people to ask how they found their jobs, and whether they know of any openings or can ask around.
Do employers hire foreigners?
Employers with a history of hiring foreign workers are more likely to hire you than employers that don't have much experience with the process. (Because immigration law is complicated, they may not even know what their options are.) Some large corporations have entire departments and in-house lawyers dedicated to bringing in foreign workers.
Can a small employer hire foreign workers?
But even a smaller employer who has been through the process before, and successfully so, may be interested in bringing foreign workers to fill their needs. Keep your eyes open for employers who are advertising abroad. Also read the company's press releases or online self-descriptions regarding hiring foreign workers.
What is a visa for a foreigner?
A visa allows a foreign citizen to travel to a U.S. port-of-entry (generally an airport) and request permission to enter the United States. A visa does not guarantee entry into the United States. The Department of Homeland Security (DHS), U.S. Customs and Border Protection (CBP) officials at the port-of-entry have authority to permit or deny admission to the United States. If you are allowed to enter the United States, the CBP official will provide an admission stamp or paper Form I-94, Arrival/Departure Record. Learn more about admissions and entry requirements, restrictions about bringing food, agricultural products, and other restricted/prohibited goods, and more by reviewing the CBP website.
What is the purpose of a visa interview?
During your visa interview, a consular officer will determine whether you are qualified to receive a visa, and if so, which visa category is appropriate based on your purpose of travel. You will need to establish that you meet the requirements under U.S. law to receive the category of visa for which you are applying.
What form do I need to bring for an L visa?
L Visa Applicants – If you are included in an L blanket petition, you must bring Form I-129S, Nonimmigrant Petition Based on Blanket L Petition, to your interview.
What form do I need to file for a temporary worker visa?
Some temporary worker visa categories require your prospective employer to obtain a labor certification or other approval from the Department of Labor on your behalf before filing the Petition for a Nonimmigrant Worker, Form I-129, with USCIS. Your prospective employer should review the Instructions for Form I-129 on the USCIS website to determine whether labor certification is required for you.
How long does a passport need to be valid for a visa interview?
Gather and prepare the following required documents before your visa interview: Passport valid for travel to the United States - Your passport must be valid for at least six months beyond your period of stay in the United States (unless exempt by country-specific agreements ).
What form do I need to schedule an interview?
You will need to provide the receipt number that is printed on your approved Petition for a Nonimmigrant Worker, Form I-129, or Notice of Action, Form I-797, to schedule an interview.
What happens if you try to get a visa?
Attempting to obtain a visa by the willful misrepresentation of a material fact, or fraud, may result in the permanent refusal of a visa or denial of entry into the United States.
What Is An H-1B Visa?
Who Can Use H1-B Visas?
- Nonimmigrants who are slated to work under a “specialty occupation” are eligible to be sponsored by their future employerfor an H1-B visa. They must hold a minimum of a bachelor’s degree or its equivalent from an accredited university. Those with higher education can also receive this visa. The employer must be able to show that the nonimmigrant is fully qualified to fulfill their job’s du…
What Is The Process For Getting H1-B Visas?
- In 2020, the U.S. Citizenship and Immigration Services (USCIS) began requiring employers to electronically register and pay a $10 fee before petitioning for employee sponsorship. Therefore, the first step in obtaining a visa is creating an online account with USCIS. This account will allow you to then apply for an approved registration through USCIS’s online registration system for th…
How Are H-1B Visas Different from Other Nonimmigrant Visa Programs?
- There are several different nonimmigrant visa programsthat can allow your company to employ foreign nationals. However, an H1-B visa provides the most streamlined process to gain permanent resident status for a foreign employee through a concept known as “dual intent.” “Dual intent” means that the foreign national is maintaining their H1-B visa with the intent to stay perm…