Visa-Faq.com

how to sponsor work visa in usa

by Retta McGlynn Published 2 years ago Updated 1 year ago
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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. ...

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

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How can I get sponsored to work in USA?

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 US work 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 I sponsor my friend to work in US?

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.

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 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.

Can I sponsor someone for 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 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 can I immigrate to USA without a job offer?

Some permanent work visas that do not require a job offer and a sponsor in the United States are the EB-1, O-1 and EB-5 visas.

What kind of companies can sponsor green card?

Top 10 Green Card Sponsors in 2021Sponsor NameNumber of PetitionsAverage Salary1. Microsoft Corporation4,695$133,957.682. Amazon.com Services LLC4,675$107,399.653. Google LLC2,970$126,481.484. Tata Consultancy Services Limited1,792$129,702.536 more rows•Jan 19, 2022

Who is eligible for H-2B visa?

To qualify for H-2B nonimmigrant classification, the petitioner must establish that: There are not enough U.S. workers who are able, willing, qualified, and available to do the temporary work. Employing H-2B workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.

What US companies hire foreign workers?

US Companies Hiring Overseas Home Based WorkforceAmazon. The worldwide presence and recognition of Amazon immediately means it needs a global virtual workforce to carry out its operations with full time, part time or seasonal jobs. ... Rev. ... Conduent. ... Convergys. ... United Health. ... Sykes. ... Aetna. ... Xerox.More items...

How much does H-1B sponsorship cost?

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 H-1B sponsorship cost?

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 a company pay to sponsor a visa?

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 does H1B visa cost?

Standard H1B Filing Fee is currently – $460. The standard H1B filing fee is for the 1-129 petition. H1B visa base filing fee is set to increase by 21% from $460 USD to $555. The proposed fee increase will be effective from October 2nd, 2020.

How much does an employer pay to sponsor H-1B?

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 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 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 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 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.

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.

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.

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.

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.

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.

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.

What form do I need to file for an alien worker?

The prospective employer must provide a job offer and file an Immigrant Petition for Alien Worker, Form I-140, with the USCIS.

Is the USCIS fee refundable?

Note: Fees must be paid for each intending immigrant, regardless of age, and are not refundable. Fees should not be paid to the NVC or paid at the U.S. Embassy or Consulate where you have your visa interview unless specifically requested.

Can you get a visa if you are misrepresenting a fact?

Attempting to obtain a visa by the willful misrepresentation of a material fact or fraud may result in you becoming permanently ineligible to receive a U.S. visa or enter the United States.

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 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.

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 ...

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 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 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 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 CitizenPath service?

Ready to start? CitizenPath’s service was designed by immigration attorneys to give you an affordable, reliable way to prepare the petition. You’ll have the ability to prepare Form I-130 from the comfort of your own home knowing that you did everything right. To learn more about pricing and the 100% money-back guarantee, view our I-130 Visa Petition Package.

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