how to sponsor someone for a work visa usa

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

How can I sponsor someone to work in USA?

How to Sponsor an Immigrant For WorkEnsure 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.More items...•

How much does it cost to sponsor someone for 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.

Can an individual sponsor someone for 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.

Can a U.S. citizen sponsor an employee?

In order for employers to sponsor foreign workers, they must first show that no United States citizen, permanent resident, asylee, or refugee is available, qualified, or willing to accept the position.

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.

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.

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.

What is the minimum income to sponsor an immigrant?

The 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.

How can I invite a friend to USA?

If you are a U.S. citizen or lawful permanent resident, and you have a friend or relative who seeks to come to the U.S. as a tourist (on a B-2 visitor visa), you might be able to help the person by providing a letter of invitation.

Who can a U.S. citizen sponsor?

Who You Can Help ImmigrateWho Can Sponsor WhoWho You AreImmigrants You Can PetitionU.S. citizen age 21 or olderParentsU.S. citizen (at least age 18, for financial sponsorship purposes)SpouseU.S. citizen (at least age 18, for financial sponsorship purposes)Minor, unmarried children4 more rows

How much does it cost to sponsor h1b?

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 sponsor a foreign worker?

How do I sponsor a foreign national?Determine what position the hire will fill. ... Conduct recruiting process, background checks and verification of documentation. ... Apply for a work visa. ... Obtain Department of Labor certification. ... Comply with insurance requirements. ... Meet salary and benefit requirements. ... Cross your fingers.

How much does it cost to sponsor an employee?

How Much Will Sponsoring an H1-B Visa Cost an Employer? An H-1B Visa (or H-1B transfer) will cost you around $5000 (including government fees). Immigration lawyer fees should costs $2000 to $3000, while filing fees are around $3000.

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 much does it cost to get a work visa in the US?

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.

Can I sponsor a foreign worker?

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 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 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 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:

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 required if a visa has expired?

If visa has expired but has a renewed petition, photocopy of the renewed petition is required. If you are a Green card Holder, a copy of Green card is required. If you are a USA citizen, a copy of the certificate of citizenship is required.

What is a B-2 letter?

An application/letter from you to the particular US consulate in which the applicant is applying the B-2 visa. The letter should state a request for visitor visa for the applicant and also state that you will undertake the responsibility for the whole trip including tickets, boarding, and other expenses.

What is a certificate letter from your employer?

Certificate Letter from your employer (on company's business letter head), stating that you are a permanent employee of the company, and also stating your salary.

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.

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 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.

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.

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.

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.

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.

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.”

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.

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 ...