how to sponsor a work visa in the us

To sponsor an immigrant for work in the U.S., there are a number of steps required:

1. Ensure the position qualifies as a specialty occupation
2. Determine the rate of pay for the position
3. Notify the U.S. workforce
4. Submit a Labor Condition Application to the DOL for certification
5. Register with the USCIS for the annual H-1B Lottery
6. Await the Lottery selection results
7. Submit a completed Form I-129 to USCIS
8. 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

See 6 key topics from this page & related content

Can I sponsor someone for a work visa in USA?

Sponsoring a foreign worker for a U.S. job may be quicker and easier through a nonimmigrant visa than through a green card. Sponsoring a foreign worker for a U.S. job may be quicker and easier through a nonimmigrant visa than through a green card.

How much does it cost to sponsor a work visa USA?

Petitioning for foreign workers in the H-1B and permanent employment-based visa sponsorship processes can be an expensive. Sponsoring a nonimmigrant employee for the H-1B can cost anywhere between $1,250 to $4,500 in filing fees alone, not including fees paid to attorneys to facilitate the process.

How do I sponsor a foreign worker in the US?

How to Sponsor an Individual for an H-1B VisaStep 1: Review the Job Description to Ensure It Qualifies as a Specialty Occupation. ... Step 2: Determine the Rate of Pay for the Position. ... Step 3: Notify the U.S. Workforce. ... Step 4: Submit Labor Condition Application (LCA/Form 9035/9035E) to the DOL for Certification.More items...

How do you get a company to sponsor you for a visa USA?

Here are the top 6 ways to find an H1B visa sponsor for 2022 so that you can file your petition:Look for a Job in the H1B Visa Sponsors Database.Apply for the Job and Get an Offer.Find an Internship.Look for Boutique Consulting Companies.Look for Global Consulting Companies.Find a Job at a US University.

Can a U.S. citizen sponsor a friend?

Unfortunately, the only way that you can sponsor a person's visa or green card application is if you are the non-citizen's employer, relative, or fiancé(e). The U.S. immigration laws do not allow you to sponsor someone just because they are your friend.

How long does it take to get a work visa for USA?

about two to seven monthsHow Long Does It Take to Get a Work Visa? In general, it takes about two to seven months for the USCIS to process a work permit application. The time your work visa processes will highly depend on the type of visa you applied for. However, with extensive backlogs, there are longer wait times for obtaining work visas.

How can I bring a worker to USA?

The process of bringing a domestic worker on a temporary basis involves an employment contract, a visa, and a work permit. Some U.S. citizens and some nonimmigrants (that is, some people with temporary visas) can bring domestic workers to the United States on a limited-time basis.

Who can sponsor a work 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. In some nonimmigrant visas the Department of Labor first requires a Labor Certification.

How much does H-1B visa sponsorship cost?

How Much Does it Cost to Apply for H-1B Visa? The H-1B visa cost can range from $1,720 to $6,470 or more depending on attorney fees, optional fees, and employer criteria. However, only lottery-selected petitions will pay more than the $10 registration fee.

How do I get a work permit in USA without a job offer?

Unfortunately, you can't apply for a work visa without a job offer. Your prospective employer must be willing to sponsor you for the visa and petition on your behalf.

How do I ask a company to sponsor me?

To obtain a corporate sponsorship, make sure you do the following:Choose companies with values more aligned to yours.Give something back to them.Have a strong, clear, engaging proposal.Don't wait until right before your event to ask for a sponsorship.If you know how much money you need, ask for it outright.More items...

Why do companies not want to sponsor visa?

The short explanation for why companies don't sponsor H1b – or employment – visas is that they don't feel like they need to. Sponsoring an H1B visa requires extra effort on the company's part to collect data, work with lawyers and the government, and manage timing.

How much does a H-1B visa cost to sponsor?

The H-1B visa cost can range from $1,720 to $6,470 or more depending on attorney fees, optional fees, and employer criteria. However, only lottery-selected petitions will pay more than the $10 registration fee. With that said, it's still necessary for all parties to be completely aware of the H-1B filing fees charged.

How much does an H-1B visa cost an employer?

To file an H1B petition using the I-129 form, the cost to the employer is $460. It is the employer's responsibility to pay the filing fee.

How much does it cost for H-1B visa?

Currently, companies pay $460 for the basic application, with additional lawyer, anti-fraud, and scholarship fees. For employers that have a large proportion of H-1B and L-1 visa holders, there is an additional $4,000 fee, as well as $2,500 for premium processing of the petition, which most companies opt for.

How much do sponsorships pay?

How Much Do Sponsors Pay YouTubers, After All? Long story short – sponsors paid YouTubers about $0.089 per view on average in 2020 according to a 2020 survey. Two years later in 2022, you can expect to pay up to 10-25% more than that. Plus, the survey received mixed responses ranging from $0.035 to $0.15 per view.

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.

Prepare to file a Labor Condition Application

Ensure that the job description for your vacancy stipulates the need for the candidate to have (at minimum) a bachelor's degree in a specialized field such as engineering, medicine, or law. The position must be one that requires an individual with a specific degree, experience, or training.

File a Labor Condition Application

Employers must fill in and submit Form I-129 to apply for permission to hire a Nonimmigrant worker.

Obtain a visa

If your application is approved, you will receive a Form I-797 Notice of Action. The foreign employee must take Form I-797 to a U.S. embassy or consulate in their country. This will allow them to apply for permission to enter the U.S.

What is a H1B visa?

The Speciality Occupation visa, or H1B vis a as it is otherwise known, is a non-immigrant work visa for graduate level workers to undertake a role with a US employer in a speciality occupation requiring theoretical or technical expertise.

What is an intra company transfer visa?

The Intra-Company Transfer visa, or L1 visa as it is officially known, can also be used for employees who are being sent to the United States to open a new office.

What is extraordinary achievement?

To demonstrate extraordinary achievement, you have to possess a degree of skill and recognition substantially above that ordinarily encountered to the extent you are recognised as outstanding, notable or leading in the motion picture and/or television field.

How to show a degree if you don't have a bachelor's degree?

Where you do not have a bachelor’s or higher degree you may be able to show degree equivalence through work experience and/or other qualifications. You must also be able to demonstrate that you are uniquely qualified for the position in question because of your field of study or work experience.

What is an E1 trader visa?

Under the E1 Treaty Trader visa, you must be coming to the US to engage in substantial trade in either goods, money or services, principally between the USA and your treaty country, building on an existing trading relationship.

Does a visa guarantee entry?

That said, the grant of a visa does not necessarily guarantee entry. Having a visa only indicates a consular officer has determined you are eligible to seek entry to the USA for that specific purpose. It remains at the discretion of immigration officials at the port of entry to determine your eligibility for admission into the country.

Can a foreigner work in the USA?

Under US immigration law there are various different classifications of work visa that will allow foreign citizens to undertake work on a time-limited basis in the United States. Below we look at the nature of the “temporary work visa USA” and some of the different options that are currently available.

What is a Work Visa?

To understand how sponsoring is done we need to understand what is a work visa. A work visa gives a foreign national the ability to take a job other than the one in which one is a citizen. One is to require the holder of a visa to have a local employer sponsoring him/her and immediate return to their home country when he/she losses the job.

What is a Sponsor?

It is not an easy task to find a job in the US. To get the job, the employer must be willing to hire you. The company that wants to hire you must know that you are not a US citizen or Legal Permanent Resident.

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 a temporary worker visa?

Temporary worker visas are for persons who want to enter the United States for employment lasting a fixed period of time, and are not considered permanent or indefinite. Each of these visas requires the prospective employer to first file a petition with U.S. Citizenship and Immigration Services (USCIS).

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 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 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.

Can My Family Members also Receive Immigrant Visas?

Based on your approved petition, your spouse and minor unmarried children, younger than 21, may apply for immigrant visas with you. Like you, they must also fill out required application forms, obtain required civil documents, pay the required fees, and undergo medical examinations. Same-sex spouses of U.S. citizens and Lawful Permanent Residents (LPRs), along with their minor children, are now eligible for the same immigration benefits as opposite-sex spouses. Consular officers at U.S. Embassies and Consulates will adjudicate their immigrant visa applications upon receipt of an approved I-130 or I-140 petition from USCIS. For further information, please see our FAQ’s.

What is the third preference for immigrants?

A Third Preference applicant must have an approved Immigrant Petition for Alien Worker, Form I-140, filed by the prospective employer. All such workers generally require labor certification approved by the Department of Labor. Skilled Workers, Professionals, and Unskilled Workers (Other Workers) receive 28.6 percent of the yearly worldwide limit of employment-based immigrant visas, plus any unused visas from the Employment First Preference and Second Preference categories.

How to apply for an immigrant visa?

To be considered for an immigrant visa under some of the employment-based categories below, the applicant's prospective employer or agent must first obtain a labor certification approval from the Department of Labor. Once received (if required), the employer then files an Immigrant Petition for Alien Worker, Form I-140, with the U.S. Citizenship and Immigration Services (USCIS) for the appropriate employment-based preference category. (NOTE: Persons with extraordinary abilities in the Employment First preference category are able to file their own petitions.) When filing the Immigrant Petition for Alien Worker, Form I-140, see the detailed form instructions, as well as more detailed requirements information on the USCIS Permanent Workers webpage.

Why do immigration cases take so long?

Employment based immigrant visa cases take additional time because they are in numerically limited visa categories. The length of time varies from case to case and cannot be predicted for individual cases with any accuracy. Some cases are delayed because applicants do not follow instructions carefully. Some visa applications require further administrative processing, which takes additional time after the consular officer interviews the applicant.

How long do you have to wait to get an immigration visa?

Immigrant visas cannot be issued until an applicant's priority date is reached. In certain heavily oversubscribed categories, there may be a waiting period of several years before a priority date is reached. Check the Visa Bulletin for the latest priority dates.

Where does the NVC send the visa application?

NVC then sends the file, containing the applicant’s petition and the documents listed above, to the U.S. Embassy or Consulate where the applicant will be interviewed for a visa. The applicant, attorney, and third-party agent, if applicable, will receive appointment emails, or letters (if no email address is available), containing the date and time of the applicant's visa interview along with instructions, including guidance for obtaining a medical examination.

What is the second preference for a job?

A Second Preference applicant must generally have a labor certification approved by the Department of Labor. A job offer is required and the U.S. employer must file an Immigrant Petition for Alien Worker, Form I-140, on behalf of the applicant.

What is a visa for employment?

The visa provides entry to the U.S. and , depending on the type of visa obtained, may provide authorization for employment in the U.S.

What is a work visa?

What's a U.S. work visa and why do you need one? A visa is a document that provides authorization for travel to and admittance to the United States. Before visiting, working, or immigrating to the U.S., generally a citizen of a foreign country must first obtain a U.S. visa. 1 .

What is the annual green card lottery?

The annual green card lottery program ( Diversity Immigrant Visa Program) is an opportunity for potential immigrants to obtain the status as a permanent legal resident of the U.S. 5 

What is an EAD?

When you have secured the appropriate visa, you will need to get a permit to work, which is officially known as an Employment Authorization Document (EAD), in order to prove you are eligible to work in the United States. The document provides proof to employers that you are legally permitted to work in the U.S.

Can you review employment authorization documents?

You can review information on Employment Authorization Documents and how to acquire, renew, or replace them.

Who is Alison Doyle?

Alison Doyle is the job search expert for The Balance Careers , and one of the industry's most highly-regarded job search and career experts. Read The Balance's editorial policies. Alison Doyle. Updated February 22, 2021.