how to sponsor a work visa usa

by Lafayette Schultz Published 2 years ago Updated 1 year ago

How to Get Visa Sponsorship to Work in the USA

L1 Intra-Company Transfer visa. If you are already working for an international employer who has an affiliated US office, the Intra-Company Transfer visa will allow you to temporarily transfer to ...
H1B Speciality Occupation visa. ...
O-1 Extraordinary Ability visa. ...
E Treaty Trader & Treaty Investor visas. ...

Full Answer

Does an employer have to sponsor a work 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 someone for a work visa 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 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.

Can I sponsor a work visa?

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.

Can a U.S. citizen sponsor a friend for a work visa?

Many clients have asked me about sponsoring their friends. 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.

Who can sponsor me in USA?

Who You Can Help ImmigrateWho Can Sponsor WhoWho You AreImmigrants You Can PetitionU.S. citizen (at least age 18, for financial sponsorship purposes)Minor, unmarried childrenU.S. citizenMarried children or adult childrenU.S. citizen age 21 or olderBrothers and sisters4 more rows

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.

How can I sponsor someone to USA?

As a U.S. citizen, you must file a separate petition for each one of your direct relatives, including your own children. For example: To sponsor your mother and father, file a separate petition for each. If they have other children—your brothers and sisters—file a separate petition for each of them.

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.

Can I sponsor a non family member?

Can a U.S. citizen sponsor a non-family member for immigration? Unfortunately, no, you can't petition for a foreign national's visa or green card if they aren't a family member.

How much income do you need to sponsor an immigrant US 2022?

$22,887The most common minimum annual income required to sponsor a spouse or family member for a green card is $22,887. This assumes that the sponsor — the U.S. citizen or current green card holder — is not in active military duty and is sponsoring only one relative.

What documents do I need to invite someone to the USA?

Below is a list of the recommended documents to include with an Invitation Letter:Scanned copy of host's ID or passport.Evidence of means of financial subsistence.Proof of homeownership or rental contract.An itinerary of the planned visit.Documentation of the host's time off from work for the visit.

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.

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 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 are the qualifications to be eligible for the SS?

You’re eligible if you have extraordinary abilities or achievements in the sciences, arts, education, business, athletics, or entertainment industry.

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.

How many years of training do you need to be a skilled worker?

You’re eligible if you’re a skilled worker with at least two years of training or a professional with a job that requires at least a bachelor’s degree.

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?

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 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 sponsor 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. When an organization sponsors an employment visa for a new employee, they help complete the application, prepare labor certification paperwork, and represent the petitioner for the visa.

What is an I-134?

The petitioner must submit Form I-134, Affidavit of Support, to help the visa applicant. The visa sponsorship helps ensure that the K-1 entrant will not become a public burden if he or she does have adequate money during the trip.

What is visa sponsorship?

Visa sponsorship is typically associated with a petition. The U.S.-based person or entity submits a petition on behalf of the foreign national. Once approved, the foreign national is generally able to apply for the desired visa.

What does it mean to sponsor a visitor?

If a family member or friend is willing to sponsor the visitor, that means that the sponsor has agreed to cover the costs should the visitor no longer have the means to pay. It mitigates the possibility the visitor will become a public burden. To sponsor a visitor, the supporter prepares Form I-134, Affidavit of Support.

What is an immigrant visa?

Immigrant visas are for permanent immigration (green cards). But sponsoring a visa may apply to businesses helping an individual obtain a temporary work visa (such H-1B) or an organization that administers a visitor visa (like J-1).

How to sponsor an alien relative?

Both U.S. citizens and lawful permanent residents may start the sponsorship process by filing Form I-130, Petition for Alien Relative. Although there are additional forms along the way, this is how the process begins.

How many people get a green card through a relative?

Family-based immigration is the most common way to obtain a green card. In fact, over 600,000 people get a green card through a relative each year. Visa sponsorship comes from the petitioning relative but can also come from other sponsors.

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 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 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 does 999 days mean?

A wait time listed as "999 calendar days" indicates that the Consular Section is only providing that service to emergency cases. Please check the Embassy or Consulate website for further information.

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 DOL certification?

employer who is “sponsoring” or petitioning for a permanent foreign worker may be required to obtain a labor certification from the Department of Labor (DOL) verifying that there are an insufficient number of available, qualified, and willing U.S. workers to fill the position, and that the employment will not have an adverse effect on the wages and working conditions of similarly situated U.S. workers. For more information, see the Permanent Labor Certification page.

What is temporary work?

Temporary Workers. There are several temporary (nonimmigrant) categories which allow aliens to work in the United States. For a list of these nonimmigrant categories of temporary workers, as well as information on the petitioning process, see the Temporary Workers page.

How many preference categories are there for permanent workers?

Permanent worker visas are broken into five preference categories. For a description of the preference categories, see the Permanent Workers page.

Can a foreigner get a green card?

Foreign workers may obtain permanent residence (a Green Card) if they are able to establish that they have unique skills, or are being offered a job in the United States that will not displace a U.S. worker or have an adverse effect on wages and working conditions of U.S. workers who are similarly employed. This latter determination is made by the Department of Labor and is demonstrated by obtaining a labor certification.

When did employers have to verify employment eligibility?

All U.S. employers must verify the employment eligibility and identity of all employees hired to work in the United States after Nov. 6, 1986, by completing an Employment Eligibility Verification form (Form I-9) for all employees, including U.S. citizens. Employers who hire or continue to employ individuals knowing that they are not authorized ...

Who must give notice to the bargaining representative?

The employer must give notice to the bargaining representative or post a notice at the place of business that a labor condition application has been filed with the DOL.

Can an employer hire foreign labor?

As an employer, you may need to hire foreign labor when a U.S. citizen is not available. First, you will need to consider whether you intend to employ the individual permanently or temporarily. Offering an alien a permanent position could provide the basis for that individual to become a permanent resident, a process which will require ...

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 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.”

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 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.

Where do I get an I-797?

Employers will receive a Form I-797 Notice of Action if the petition is approved. The nonimmigrant worker will take a copy of the completed petition with all its forms and apply for their visa with the Department of State. They can do this at a consulate within their home country or at a U.S. embassy.

How long does it take to file a LCA?

This must occur at least 30 days before the date that the Labor Condition Application (LCA) is filed with the Department of Labor. In the LCA, the employer must confirm the following: The nonimmigrant worker will receive the same, or an amount equal to the pay and benefits of U.S. workers in that type of position.

Can an employer hire highly educated non-immigrant workers?

Employers sometimes have the option of hiring highly educated nonimmigrant workers if they are unable to find workers domestically. Nonimmigrant workers can typically be sponsored for a limited time by an employer through the H-1B visa program, issued under the Immigration and Nationality Act. Though the program provides benefits for both parties, employers should review and consider the program’s terms and conditions before beginning the application process.