The United States of America is a powerful global force with a strong and diverse economy with competitive wages, high-standard workplace safety, and many opportunities for professional growth and development. It is a prime destination for many foreigners looking for employment opportunities abroad. But for a citizen of another country to work in the United States.
There are specific permissions and requirements to be met. US Employment Visa Sponsorship is a significant step in the process.
However, to work in the United States, it is necessary to ensure that the foreign citizen has the proper authorization to make the employment legal. Therefore, in this article, we will provide information in detail about US Employment Visa Sponsorship, what it means, how it works, how much it costs, and any other necessary details about US Employment Visa Sponsorship.
What is US Employment Visa Sponsorship?
If you are seeking to relocate to the United States of America for employment-related purposes. Firstly, you will need to find and secure a job offer. But since you are not a Legal Permanent Resident in the country, the US Visa department will not permit you to enter the country. However, the company or employer that wants to hire you must know that you are not a United States citizen or a Legal Permanent Resident.
The employer will need to guarantee the US Visa department or authorities that you will be a legal working resident in the United States. This process is visa sponsorship. Therefore, US Employment Visa Sponsorship is a set of documents that guarantee and state your working or employment status in the United States.
Moreover, the employer will have to send the documents to the United States Citizenship and Immigration Services (USCIS). The documents must include different forms and letters that state the employment information and guarantee that the employer is willing to hire the foreign employee.
US Employment Visa Sponsorship
Furthermore, you should know by now that to get a Visa sponsor, you must first secure an employment offer in the United States with your name from the company or employer hiring you. However, as we said earlier, the em, the player submits a set of documents to the US Visa authorities. This guarantees you will be a legal working resident in the country. But they are certain conditions in which the employer can only make the sponsorship.
However, the employer or company will have to prove proper or reasonable to hire a foreign employee. This is by stating the reason for not hiring a US citizen or Legal Permanent Resident (LPR) since the United States has a larger population. Generally, when trying to sponsor a foreign employee for a job offer. The employer or company will have to post job ads for employment positions and submit other relevant documents to the US Department of Labor.
After that, the employer must wait for some time for someone to respond to the employment ads post. Then, if no satisfactory response comes for the job. The employer or company can say they could not find a suitable US citizen or LPR skilled for the job. This certainly justifies why the employer or company hired a foreign employee.
Do I Need a US Employment Visa Sponsorship Letter?
However, most people think that employment visa sponsorship is a letter. But in fact, just as we said earlier, it is a set of documents that the employer sends to the US Citizenship and Immigration Services (USCIS). It includes letters and forms that state the employment information and that the employer is also hiring the foreign employee willingly.
Generally, a citizen of a foreign country who wishes to enter the United States must first obtain a visa. However, there are so many visas in the United States, and it can be confusing to know the ones for employment. The most common US work visas are Temporary Non-Immigrant and Permanent (Immigrant) visas. Below are the types that need employment sponsorships.
Temporary (Non-Immigrant) Visa
US temporary worker or non-immigrant visas are for persons who want to enter the United States for employment lasting a fixed period and are not considered permanent or indefinite. The visas are not green cards. Therefore they don’t give the holders the right to become US citizens. Each visa requires the prospective employer to file a petition with U.S. Citizenship and Immigration Services (USCIS). An approved petition is required to apply for a work visa. Meanwhile, the non-immigrant visas that need employment sponsorship are as follows:
- H-1B: Person in Specialty Occupation
- H-2A: Temporary Agricultural Worker
- L: Intracompany Transferee to work at a branch, parent, affiliate, or subsidiary of the current employer in a managerial or executive capacity or in a position requiring specialized knowledge.
- H-2B: Temporary Non-agricultural Worker
- O: Individual with Extraordinary Ability or Achievement in the sciences, arts, education, business, athletics, or extraordinary achievements in television fields, demonstrated by sustained national or international acclaim, to work in their area of expertise. Includes persons providing essential services in support of the above individual.
Permanent (Immigrant) Visa
People with the right job skills can apply for approximately 140,000 employment-based immigrant visas. Which are made available every fiscal year to applicants that qualify under the provisions of U.S. immigration law. However, to be considered for an immigrant visa under some of the employment-based categories below. The applicant’s prospective employer or agent must obtain labor certification approval from the Department of Labor. In other words, there is also a need for employer sponsorship.
- EB-1: Outstanding professors, researchers, or persons with extraordinary ability in the sciences, arts, education, business, or athletics. Including managers or executives who have worked at an overseas branch of the U.S. employer for the previous three years.
- EB-2: Professionals with advanced degrees and exceptional ability in the sciences, arts, or business.
- EB-3: Skilled workers with a minimum of 2 years of work experience, unskilled workers capable of filling positions that require less than two years of training or experience.
- EB-4: Certain special immigrants such as religious, government, or international organizations workers.
However, with this visa, holders can live in the United States and become Legal Permanent Residents. Moreover, there are certain situations in which some of these visas can permit self-petitioning. That is to say that you can sponsor your own visa by submitting all the necessary documents and paying the visa fees. In addition, there’s also an EB-5 visa which is for investors and only works through self-petitioning.
How to Get a US Employment Visa Sponsorship Letter
However, the employment visa sponsorship process can be very overwhelming because it can be a long process. Most employers hire a lawyer to complete them because it is straightforward to make mistakes, and all the documentation and justification must be accurate. Moreover, filing or submission errors can lead to visa processing delays. Below is the step-by-step guideline for the US Employment Visa Sponsorship process.
Firstly, you should know by now that getting a US Employment Visa Sponsorship requires a job offer from an employer in the United States. Therefore, the first step requires the employer to send you a contract, which will be included in the visa sponsorship documents.
Then, for some non-immigrant visas, a Labor Certification will be requested by the Department of Labor. Which will state that the US employer could not find a suitable employee within the United States and, therefore, have to hire a foreign employee.
How to Get a Sponsorship Visa
After that, the US employee submits the petition, which includes all the other supporting documents necessary for the sponsorship to the USCIS. Such documents have contracts, itineraries, qualifications of the foreign employee, etc. However, for nonimmigrant employment visa sponsorships, the employer submits Form I-129, Petition for Nonimmigrant Worker. The employer offers forms I-140, Immigrant Petition for Alien Worker, for immigrant visas from Form I-140, Immigrant Petition for Alien Worker.
Moreover, they will start processing the visa sponsorship after submitting the petition and necessary supporting documents to the USCIS. This usually takes some time, as they can be so many petitions. Sometimes, it takes months or even a year until the USCIS decides on the application.
Indeed, when USCIS decides on the application, the US employer and the foreign employee will receive a notification. If the USCIS approves the petition, then the notice will be positive. Then, the employee can start the visa process in his/her home country. The information will outline the next steps the employer and employee must follow depending on the type of visa they need. The visa application process will be done at the US embassy or consulate in the foreign employee’s home country.
However, if the USCIS denies the petition, the notice will be adverse. It will outline the reasons for the denial. Which could be that the employee lacks adequate qualifications for the position or that the documentation is not enough.
How Long is Visa Sponsorship Valid
However, the validity of the Visa Sponsorship depends on the type of visa you have. That is to say that if you have a non-immigrant visa, its truth is temporary, meaning it will expire after some time. Some are valid for 3 years, while others can only be valid for 1 year. You can extend your stay when the time comes for your visa to expire.
The employer can file a request with U.S. Citizenship and Immigration Services (USCIS) on Form I-539, Application to Extend/Change Nonimmigrant Status, before your authorized stay expires. However, there is a limited number of extensions for non-immigrant visas; you may not be able to extend for more than 2 or 3 times.
Moreover, immigrant work visas are permanent. Getting an immigrant work visa typically turns you into a green cardholder. Which is valid for 10 years with unlimited extensions. You can even apply for United States citizenship after 5 years of living and working in the US.
US Employment Visa Sponsorship Cost
Furthermore, getting an employment visa sponsorship can be a bit expensive. Also, the US employee will be the one to cover most of the fees for the visa. However, the cost might be up to a few thousand dollars depending on the type of visa. But below is a general overview of the visa fees and their charges:
- Form I-129 filing fee – $460
- Form I-140 filing fee – $700
- American Competitiveness and Workforce Improvement Act of 1998(ACWIA) – $750 or $1,500
- Fraud Prevention and Detection Fee – $500
- For employers with 50 or more employees and 50% of them are foreign – $4,000 or $4,500
People also ask:
Get it clear on the follow questions today;
How can I get sponsored for work visa in USA?
6 Ways to Find an H1B Visa Sponsor for 2022:
- Look for a Job in the H1B Visa Sponsors Database.
- Apply for the Job and Get an Offer.
- Find an Internship.
- Look for Boutique Consulting Companies.
- Look for Global Consulting Companies.
- Find a Job at a US University.
Can US employer sponsor visa?
Who can sponsor H-1B visas? It’s important to note that US employer – regardless of whether they are a listed company or not – can sponsor an H-1B petition, so long as it has an IRS Tax Number, also known as an IRS Number or Tax ID Number.
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 it cost to sponsor a work visa USA?
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.
Moreover, note that the approval of a petition does not guarantee that you will get a visa. Do not make final travel plans or buy tickets until you have access. Also, a permit allows a foreign citizen to travel to the U.S. port of entry and request permission to enter the United States. However, note that a visa does not guarantee entry into the United States. The DHS and U.S. Customs and Border Protection (CBP) officials have the authority to permit or deny admission to the United States.
However, for more visa tips and opportunities Do make your Choice for more understanding.