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.
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 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 can an employer sponsor a foreign worker in us?
Under certain conditions, U.S. immigration law may allow a U.S. employer to file a Form I-129, Petition for a Nonimmigrant Worker, with U.S. Citizenship and Immigration Services (USCIS) on behalf of a prospective foreign national employee.
How does an employer sponsor a work visa?
For nonimmigrant employment visa sponsorships, the employer submits Form I-129, Petition for Nonimmigrant Worker. For immigrant visas, the employer submits Form I-140, Immigrant Petition for Alien Worker. These petitions and their instructions are in the USCIS website.
How much does it cost an employer to sponsor a work visa?
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 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 long does sponsorship take in USA?
Average time - Between five and 14.5 months to get a Form I-130 petition (Petition for Alien Relative) approved by USCIS as of early 2022; another six to 11 months or longer to get an immigrant visa to come to the United States.
How can my employer sponsor me in USA?
First, your employer is required to get an approved Labor Certification from the United States Department of Labor (DOL). Second, your employer must file an immigrant petition on your behalf (Form I-140). Third, you are required to either adjust status (Form I-485) or apply for your immigrant visa (Form DS-260).
How much does a US work visa cost?
Visa Types and Application Fee Amounts The application fee for the most common nonimmigrant visa types is US$160. This includes tourist, business, student, and exchange visas. Most petition-based visas, such as work and religious visas, are US$190.
How much does it cost to sponsor H-1B?
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 hire a foreign worker in the US?
How to Hire Foreign Employees: 5 Steps1) Understand your hiring options. ... 2) Start early. ... 3) Make the necessary preparations within your company. ... 4) Obtain a certification from the Department of Labor. ... 5) Petition USCIS for visas.
Can a U.S. citizen 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.
Why do companies not 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 can I sponsor a foreigner in USA?
To become a financial sponsor, you must file an I-864, or an Affidavit of Support. In this affidavit, you promise to support the non-citizen once the non-citizen enters the U.S. To be a financial sponsor, you must: Be a U.S. citizen or lawful permanent resident.
Can an employer sponsor an immigrant?
American companies may petition to sponsor foreign workers and provide them with lawful permanent resident status, commonly known as a green card. Employers can also sponsor qualified workers already living in the United States as well.
How much does it cost an employer to sponsor a green card?
Paying Application Fees Currently (2022), there is no fee for filing the PERM application with the DOL. However, there is a substantial fee that employers are expected to pay when filing the I-140 petition with U.S. Citizenship and Immigration Services (USCIS). It's presently set at $700 (2022 figure).
How do I sponsor an overseas employee?
You will need to become an approved sponsor or nominator to sponsor a skilled worker. You may also apply to be an accredited sponsor depending on the visa you choose. If you are accredited you will receive priority processing. Nominate an employee for a position in your organisation.
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 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:
Can a non-citizen work in the US?
No noncitizen may accept employment in the United States unless they have been authorized to do so. Some noncitizen, such as those who have been admitted as permanent residents, granted asylum or refugee status, or admitted in work-related nonimmigrant classifications, may have employment authorization as a direct result of their immigration status. Other noncitizens may need to apply individually for employment authorization.
Do employers have to verify an I-9?
Employers must verify that an individual whom they plan to employ or continue to employ in the United States is authorized to accept employment in the United States. For more information about the employment authorization verification process, see our I-9 Central page.
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 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.
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 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 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.
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.
What is Martindale Nolo?
Nolo is a part of the Martindale Nolo network, which has been matching clients with attorneys for 100+ years.
How to prepare a resume for a job?
In preparing your resume, be sure to read U.S.-authored books on what's expected in terms of style and tone. You might even want to ask someone from the United States to review and edit your resume. Remember, it will be your responsibility to prove to the employer that your skills and talents are worth the time and money that it will have to spend in order to bring you to the United States to work.
What does O-1 mean?
O-1. People of extraordinary ability in the sciences, arts, education, business, or athletics.
What is an H-2A?
H-2A. Temporary agricultural workers who will fill positions that the U.S. Department of Agriculture has recognized as facing a labor supply shortage.
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.
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.
Is the internet secure?
The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties. You cannot apply for a nonimmigrant (temporary) visa to work in the U.S. until you have an employer willing to offer you a job and act as your petitioner in the application process.
