Understanding the US Visa Sponsorship Process for Employers

This article was last updated and fact checked on October 24, 2024 by Mani Karthik.

So, you’re looking to work in the U.S., but you need a company to sponsor your visa.

Or maybe you’re an employer curious about the steps to sponsor a foreign employee.

In either case, understanding the visa sponsorship process is key to making things go smoothly.

Let’s break it down step by step.

What is Visa Sponsorship?

Visa sponsorship is when a U.S.-based employer agrees to hire a foreign worker and take the necessary steps to get them authorized to work in the United States.

In simpler terms, the employer is vouching for the worker’s eligibility and filing the paperwork to make it happen.

There are different types of work visas, such as the H-1B, L-1, O-1, and PERM (Green Card), each with its own process and requirements.

Step 1: Proving the Need for a Foreign Worker

One of the first things an employer must do is demonstrate that they need to hire a foreign worker.

For certain visas, like the H-1B or PERM (for green cards), the employer might have to prove that they tried to fill the position with a U.S. worker but couldn’t find anyone qualified.

This step is called labor certification and it’s a big part of the process for some visas.

It shows that the foreign worker won’t take away job opportunities from U.S. citizens or residents.

Step 2: Filing the Visa Petition

Once an employer decides to sponsor a foreign worker, they need to file a visa petition with the U.S. Citizenship and Immigration Services (USCIS).

For example, if they’re sponsoring someone on an H-1B visa, they would file Form I-129.

The form must include details about the job offer, salary, and proof that the foreign worker is qualified for the position.

It’s essential that the salary meets or exceeds the prevailing wage for the role, which is determined based on location and job type.

Step 3: The Visa Cap and Lottery (for H-1B)

If the visa being applied for is the H-1B, employers also have to deal with the annual cap and lottery system.

The U.S. government limits the number of H-1B visas issued each year, with 65,000 visas available for regular applicants and an additional 20,000 for those with advanced degrees from U.S. institutions.

Because there are typically far more applicants than visas, a random lottery is conducted.

Employers need to submit their petitions early in the filing window, which opens in April each year.

Tip: If your employer is a non-profit or research institution, they may be exempt from the H-1B cap!

Step 4: Receiving Approval and Employee Action

If the USCIS approves the visa petition, the foreign worker can proceed to the visa application stage if they are outside the U.S.

This involves attending an interview at a U.S. consulate or embassy.

For workers already in the U.S. on a different visa, they may be eligible to adjust their status without leaving the country.

After receiving the visa, the foreign worker can start working in the U.S. under the conditions set by the visa.

Step 5: Maintaining Compliance

Even after the foreign worker starts working, the employer has ongoing responsibilities.

They need to make sure they’re complying with the conditions of the visa, such as paying the required wage and maintaining the terms of employment.

For example, an H-1B visa holder must be paid the prevailing wage or higher, and the job duties must stay the same as those described in the visa petition.

If there are any significant changes (like a job location or role change), the employer might need to file an amended petition.

Final Thoughts: Be Prepared for the Paperwork

Sponsoring a foreign worker is a commitment, but it’s also a fantastic way for U.S. companies to bring in international talent.

The process can be a bit lengthy and requires a lot of paperwork, but with the right planning, it can be done smoothly.

Employers should always stay updated on the latest immigration policies to avoid delays or issues with sponsorship.