If you are an employer in the United States and want to sponsor a foreign employee for a work visa, continue reading and work with an experienced employment immigration lawyer in NYC for more information.
What is a Work Visa?
A visa is a document that allows a foreign citizen to legally enter the United States. American embassies and consulates issue millions of these documents each year. There are many types of visas depending on the foreign national’s goals and why they wish to come to the U.S.
A work visa can be an immigrant or nonimmigrant visa offered to citizens of foreign countries who want to work in the United States, meaning their employment in the country can be temporary or permanent. There is a variety of different types of work visas an individual can apply for depending on their field and the reason that they want to gain employment in the U.S. Before an individual can apply for a work visa they must have a job offer from a United States employer who is willing to act as their sponsor.
Who Can Sponsor an Immigrant for Employment?
An individual is eligible to sponsor an immigrant employee given that they meet the following criteria.
- 18 years of age or older
- United States citizen or green card holder
- Reside in the United States or a U.S. territory
- Meet the minimum financial requirements
- Provide evidence of intent to maintain employer/employee relationship
How Do I Sponsor an Employee for a U.S. Work Visa?
If you are an employer and want to sponsor a foreign national for a U.S. work visa, it is crucial that you understand the requirements and necessary steps. Consider the following.
- Determine eligibility: First, make sure that your employee is eligible for a U.S. work visa and that they meet and maintain the necessary qualifications. You must also be able to demonstrate that no U.S. worker is qualified or available to fill the role.
- Offer the job: The first step is offering the foreign individual the job position. A work visa cannot be applied for or obtained without a valid job offer.
- Obtain a labor certification: File an Application for Labor Certification and get approval from the Department of Labor.
- File a petition: Depending on certain requirements, you may need to file Form I-140, the Immigrant Petition for Alien Worker with the USCIS (United States Citizenship and Immigration Services).
Keep in mind that as the employer you are required to cover the fees associated with your responsibilities. The filing fee for Form I-140 is $715 and depending on the type of business you could face an additional $300 Asylum Program Fee.
After these steps, your job as the employer is essentially complete. Once the petition is approved, your employee will apply for the visa and the outcome of the situation is out of your hands. For more information and legal representation, reach out to an experienced immigration attorney today.
