How Do I Sponsor an Employee for a Work Visa?

Many foreign nationals wish to come to the United States in pursuit of employment, and sponsoring one of these workers can be beneficial to not only the employee but also to you, as the employer. While the process may seem complex, understanding the steps required of you will help you navigate the situation with ease. To learn more about how to sponsor an employee for a work visa, continue reading and consult with a knowledgeable employment visa attorney in New York City today.

What Types of Work Visas Exist?

There is a variety of U.S. work visa options available. Different types will suit different employment situations based on the role, duration, qualifications, and employee-employer relationship. While employers can sponsor both temporary (nonimmigrant) and permanent (immigrant) employees, this article will focus on permanent work visas.

The USCIS divides employment-based immigrant visas into five preferential categories, which are described below.

1. First preference EB-1: Workers with extraordinary ability in the sciences, arts, education, business, or athletics, outstanding professors or researchers, and certain multinational executives and managers
2. Second preference EB-2: Members of the professions holding advanced degrees or for persons with exceptional ability in the arts, sciences, or business.
3. Third preference EB-3: Professionals, skilled workers, and other workers
4. Fourth preference EB-4: Certain religious workers, employees of U.S. foreign service posts, retired employees of international organizations, alien minors who are wards of courts in the United States, and other classes of aliens
5. Fifth preference EB-5: Business investors who invest $1,050,000 or $800,000 in a new commercial enterprise that employs at least 10 full-time U.S. workers

How Do I Sponsor an Employee for a Work Visa?

Sponsoring an employee for a work visa may sound complex, but the steps are fairly straightforward. First, you must determine whether the employee is eligible for a visa based on their qualifications and the job requirements.

Next, obtain labor certification approval. Certain preferential categories require the employer to file the Labor Condition Application and get approval from the Department of Labor. This certification establishes that there are not enough qualified U.S. workers available and that hiring a foreign employee is necessary and will not be harmful to other employees.

Once you have been approved, file Form I-140, the Immigrant Petition for Alien Worker, with the USCIS. The form must be submitted with supporting documentation that proves that you have offered a job to the worker, they are qualified for the visa, and you have the ability to pay the worker’s salary.

As an employer, your job is more or less done after you submit the petition. The employee must then apply for a work visa at a U.S. embassy or consulate and attend an interview. While the steps are relatively simple, it is important to ensure that you complete each step properly to avoid delays or rejections.

To learn more and obtain skilled legal advice, reach out to an experienced immigration attorney today.