The United States is a worldwide power with advanced economic development. The promise of the American dream and success attracts individuals from around the globe. They desire to find employment and establish new lives in the country. Despite the fact that many people want work in the United States, it is a lengthy procedure to obtain one. To lawfully work in the country, non-citizens must complete a number of procedures.
A US employment sponsorship is a crucial requirement. This page examines the particulars and information pertaining to US employment visa sponsorship.
What is a US Visa Sponsorship?
To work in the United States, you must first secure employment there. The employer must be willing to employ a foreign national. The employer must be aware that you are neither a U.S. citizen nor a legal permanent resident (LPR). If the employer is informed and still desires to employ you, they consent to sponsor you.
A US visa or job sponsorship indicates that an American employer has hired you. They are assuring the US visa officials that you will be a legal resident and worker. The employer will indicate that you will perform the duties of the position for which you were hired. In addition, the employer must ensure that you will receive the same wage as a U.S. citizen or LPR in the same position.
The employer visa sponsorship is not a letter, contrary to popular belief. It is a collection of documents sent to US Citizenship and Immigration Services (USCIS). It is not only one letter, as the majority of people believe. The paperwork must contain several employment-related forms and letters. Additionally, they must clarify that the employer is voluntarily recruiting the employee.
Justifying the hiring of a foreign employee is a difficult aspect of visa sponsorship. The United States has a vast population, so why not recruit a citizen or permanent resident? This is a question that the majority of firms must answer when attempting to sponsor a foreign worker.
To remedy this, the company must post job advertisements and submit additional paperwork to the US Department of Labor. The employer must await a response to the job postings. If no one does, they can claim that they were unable to find somebody to complete the task. This indicates that neither US citizens nor LPRs were qualified or available for the position. Then, the U.S. firm can justify employing a foreign worker.
To summarize, in order to work in the United States, you must locate an employer willing to sponsor you. Working without sponsorship constitutes illegal employment. That can have consequences, including deportation or arrest.
Non-immigrant Visas Sponsorship of Employment
Nonimmigrant visas are issued for temporary stays in the United States. They are not Green Cards and do not confer the right to become a citizen of the United States. There are numerous sorts of nonimmigrant visas for the United States, but employment-based visas are among the most prevalent. Listed below are the nonimmigrant visas that require an employer’s sponsorship.
- Visa for a Person in a Specialty Occupation (H-1B);
- H-2A visa is for temporary agricultural workers; H-2B visa is for temporary non-agricultural workers.
- L1 visas – Intracompany transfers to the United States for the purpose of acquiring specialized knowledge or assuming a managing or executive position;
- O-1A visa — Individuals with exceptional ability in business, science, athletics, or education;
- O-1B visa — Individuals with remarkable ability in the arts, television, and film industries;
- O-2 visa — Staff aiding O-1A and O-1B visa holders.
Immigrant Visas Employment Sponsorships
For immigrant visas or Green Cards, employment sponsorship is also required. There is also a set of Employment-Based Immigrant Visas among the categories. The majority of visas in this group require an employer sponsorship.
- EB-1 Visa — Professors, researchers, and those with remarkable abilities in the arts, sciences, business, athletics, or education. In addition, executive managers who have worked at a foreign subsidiary of a U.S. corporation during the prior three years.
- EB-2 Visa — Individuals with advanced degrees and exceptional ability in the arts, sciences, or business.
- EB-3 Visa — Skilled employees with at least two years of experience and professionals with a bachelor’s degree or above. Additionally, unskilled employees with less than two years of experience (EW-3 Visa).
- EB-4 Visa — Employees of diverse religious, government, and international organizations.
Certain visas, including the EB-1 visa, permit self-petitioning. This means that in some instances, if you possess such outstanding qualities, you may be able to sponsor your own visa. You are responsible for submitting all paperwork and paying all fees. Other visas, including the EB-5 visa, require self-petitioning.
How Do I Obtain a Letter of Support for a US Visa?
As previously stated, obtaining a sponsorship employment visa involves a job offer from a U.S. business. The US company must send you a contract to sign, which will become part of the sponsorship paperwork.
In certain nonimmigrant visas, the Department of Labor mandates a Labor Certification as a prerequisite. This is where the U.S. business demonstrates that they were unable to obtain a suitable U.S. worker and hence must recruit a foreign worker.
After obtaining this certification, the petition is submitted by the employer. The petition contains all supporting paperwork, contracts, itineraries, and the employee’s qualifications. The form is subsequently sent to USCIS. For sponsorship of nonimmigrant employment visas, the employer must submit Form I-129, Petition for Nonimmigrant Worker. Employers file Form I-140, Immigrant Petition for Alien Worker, for immigrant visas.
These petitions and their instructions can be found on the website of the USCIS. If the employer desires to fulfill them, they can do so in accordance with these instructions. Because it is so simple to make mistakes, however, many companies engage a lawyer to finish them. Visa processing may be delayed due to errors in the application or submission.
After USCIS receives the petition and supporting documentation, the case is processed. Because there are numerous requests, the wait period may be lengthy. Some employees wait months or even a whole year for a response from USCIS.
When USCIS makes a determination, both the employer and the employee are notified. If the petition is denied, the notice explains the reasons. It could be due to the employee’s lack of qualifications or insufficient documents.
If USCIS decides to grant the petition, a favorable notice will be issued. It will then detail the actions the employer and employee must take to obtain the visa. Depending on the type of visa desired, they then initiate the application process. The application process is then completed at the employee’s home country’s US Embassy.
How Long is the US Visa for Sponsors valid?
Obtaining sponsorship and a visa are the most hardest steps. After obtaining the visa, you can then make travel plans. Once you get in the United States, you can begin working. The validity of a nonimmigrant work visa, however, is temporary. This indicates that it will expire after a period of time.
The validity of a nonimmigrant work visa varies on the type of visa held. Some, such as the H-1B visa, are valid for three years, while others may be eligible for only one. Therefore, you must verify your visa’s specifics to avoid overstaying.
When the time comes for a visa to expire, some individuals can receive extensions. The employer may reapply for sponsorship with USCIS, and you may obtain a visa again. However, nonimmigrant visa extensions are restricted. In most circumstances, you will be limited to two or three extensions.
Permanent are the immigrant visas for employment. After obtaining these visas, you are issued a Green Card. The Green Card is good for ten years and may be extended indefinitely. After five years of living and working in the United States, you are eligible to petition for citizenship.
How much does the sponsor visa cost?
Obtaining a sponsored job visa is not cheap. Particularly to the US employer, who must pay the majority of the fees. Sponsoring a foreign employee may cost up to several thousand dollars, depending on the visa. Because it is so costly, employers are hesitant to implement it.
The precise fees depend on the type of visa, however the following is an outline of the most typical fees and their costs:
- Form I-129 – $460
- Form I-140 – $700
- The American Competitiveness and Workforce Improvement Act (ACWIA) of 1998 – $750 or $1,500
- $500 Fee for Fraud Prevention and Detection
- Employers with 50 or more workers, of which 50 percent are foreign, will pay $4,000 or $4,500.