Leading Immigration Lawyers With Over 9000 Applications Approved
Call +44 (0)333 414 9244 | Mon - Sun, 8.30am -6pm

How do I Sponsor a Foreign Worker in the US?

A prospective employer looking to sponsor a foreign worker to become a legal permanent resident in the US must go through various processes to get the foreign worker in the country.

Talk to our expert immigration lawyers and get assistance with your visa application, call +1 844 290 6312

reviews-io

Read our 899 reviews

Sponsoring a Foreign Worker in the US: An Overview

There are several government agencies you will need to work with if you are a US employer looking to hire prospective employees from overseas.

You must file a petition with the US Department of Labor (DOL) to show that there are no qualified US employees who can do the job and that the foreign employees will receive fair wages.

The prospective employee must then complete an application for a work visa, demonstrating the eligibility requirements. The visa will allow them to work in the United States for a specific employer and period.

Note that approval from the DOL does not guarantee the issuance of a visa, as an immigrant must also meet all the immigration law requirements for the specific visa category being applied. Note that the visa is not permanent and must be renewed periodically.

Guidelines to Sponsor a Foreign Employee for a Work Visa

Petitioning a foreign worker to immigrate for a lawful permanent residence in the US requires effort from both the employer and the employee.

Below are guidelines to help US companies in sponsoring immigrants for work visas:

Obtain an Approved Application for Permanent Labor Certification (PERM)

The main objective of requiring sponsors to secure PERM is to protect US workers’ wages and working conditions.

This requirement ensures that the admission of the foreign workforce into the United States will not adversely affect their wages and working conditions.

To obtain PERM certification, the employer must:

  • Recruit US residents for the position through reasonable efforts, which may include placing ads in newspapers or online, attending job fairs, or contacting employment agencies;
  • Offer the position to any qualified US worker who applies and is equally or better qualified than the foreign worker; and
  • Pay the prevailing wage for the occupation in the area of intended employment.

Submit an Immigrant Petition for Alien Worker Form I-140

After obtaining the PERM certification, the next step is to file Form I-140, Immigrant Petition for Alien Workers, and other sponsorship documents on behalf of the immigrant employee with the United States Citizenship and Immigration Services (USCIS).

The form I-140 requests the USCIS to classify a foreign national as a person eligible to immigrate to the US based on employment.

The employer must file the I-140 Petition with the USCIS with the following supporting documents:

  • A copy of the approved PERM application;
  • A copy of the foreign national’s passport; and
  • Evidence that the immigrant is qualified for the position.

If the USCIS approves, the foreign national employee will be granted what is known as the “priority date.”

This priority date allows the employee to apply for an immigrant visa or adjust status once a visa becomes available.

File an I-485 Application to Adjust Status or Consular Processing

The final step is for the immigrant employee to file an I-485 Application to Adjust Status if they are already in the US or Consular Processing outside of the US.

Adjustment Status. After filing form I-485, if the applicant is inside the United States, they will be called in for an interview with a USCIS officer.

The USCIS officer will ask questions to verify the information in the application, and they may also request additional documents.

Consular Processing. If the applicant is outside the United States, they will be scheduled for an interview at a US embassy or consulate abroad.

A consular officer will conduct the interview and decide whether to issue the immigrant visa.

After the I-485 is Approved – Getting a Green Card

Once form I-485 is approved, the immigrant employee will become a legal working resident of the United States and receive a green card.

The USCIS will issue a Permanent Resident Card, which the holder must renew every ten years.

The EB Visa Categories for Work-related Sponsorship

There are several employment-based (EB) immigrant visas. The first four of these apply to foreign nationals who are eligible for sponsorship by US employers:

EB-1 Visa for Priority Workers

The EB-1 visa is available to priority workers who qualify for this first-preference visa. Under the EB-1 category, employers do not have to secure a PERM from the Department of Labor. Priority employees are aliens of extraordinary ability in the sciences, arts, or business; outstanding professors and researchers; and certain managers and executives subject to international transfer to the United States.

EB-2 Visa for Professionals with Exceptional Abilities

The EB-2 visa is for foreign workers who are professionals with an advanced degree or its equivalent. The prospective immigrant must also demonstrate exceptional ability in the sciences, arts, or business.
To qualify in the EB-2 category, the prospective employee must demonstrate that they have an advanced degree or equivalent or a bachelor’s degree and at least five years of progressively responsible experience in their field.

EB-3 Visa for Professionals or Skilled Workers

The EB-3 visa is for foreign workers who are skilled, professionals, or unskilled workers.

  • the skilled worker must have at least two years of relevant job experience or training;
  • professionals must demonstrate completion of a US Bachelor’s degree or its foreign equivalent related to the job applied for;
  • the unskilled worker must demonstrate the ability to perform unskilled labor.

EB-4 Visa for Special Immigrants

The EB-4 visa is for special immigrants who qualify for lawful permanent resident status after meeting specific visa categories listed in the Immigration and Nationality Act. This immigrant work visa category is typically intended for immigrants who belong to non-profit religious organizations in the US.

However, the EB-4 visa category has expanded to cover other applicants, such as broadcasters, US armed forces members, and Panama Canal Zone employees.

How can IAS Immigration Attorney Help?

If you are interested in sponsoring a foreign worker in the United States, call us at +1 844 290 6312. One of our immigration attorneys can help you navigate the complex process and ensure that all necessary paperwork is filed correctly. AIS Immigration can help you navigate the complex and ever-changing landscape of US immigration law. We aim to make immigrating your employees as smooth and stress-free as possible. Contact us today for a free consultation!

We can help you if you need help with your Sponsoring an Immigrant application.

We offer immigration advice sessions as face-to-face appointments at all of our UK offices, or via the phone.

Table of Contents

Table of Contents will appear here.

Services we Provide

Frequently Asked Questions

Sponsoring a foreign worker to immigrate to the US can be a complex process. The FAQs section of this article provides more information on how to sponsor a foreigner to immigrate to the US

The cost of sponsoring a foreign employee varies depending on factors such as the type of immigrant visa. However, sponsoring employers can expect to pay the following fees:

  • Employers who are looking to hire 50 or more employees, with 50% of them being foreign nationals: $4,000 for certain H‑1B petitions and $4,500 for certain L-1A and L-1B petitions
  • The filing fee for form I-140 at $700
  • The filing fee for form I-129 at $460
  • American Competitiveness and Workforce Improvement Act of 1998(ACWIA) at $750 or $1,500
  • Fraud Prevention and Detection Fee at $500

There are several ways to sponsor a social care worker from overseas to come and work in the United States. The most common way is through an employer-sponsored visa, such as the EB-1, EB-2, EB-3, and EB-4 immigrant visas

H-1B non-immigrants refer to foreign nationals seeking entry to the United States in a temporary employment category. They are coming to the US under the premise that the foreign national:

will carry out services in a specialty occupation;

demonstrates exceptional merit and ability in relation to a Department of Defense (DOD) cooperative research and development project;

is a fashion model of renowned merit and ability in the industry

According to the USCIS, a specialty occupation requires “the theoretical and practical application of a body of highly specialized knowledge and attainment of a bachelor’s or higher degree in the specific speciality as a minimum for entry into the occupation in the United States.”

The USCIS considers several factors when determining whether a position qualifies as a specialty occupation. These factors include but are not limited to whether the job requires a bachelor’s or higher and the complexity of the duties involved

One way to prove that a position is a speciality occupation is to provide evidence that the worker has a specific skill set or degree that is not common in the United States. The application can provide letters from experts or educational institutions stating that the worker’s qualifications fall under a speciality occupation

The initial step is to identify the position you will be recruiting for and submit a visa sponsorship to the US Citizenship and Immigration Services. The organization must have a valid business reason for sponsoring the visa, and the position must be one that a US worker cannot fill

A visa sponsorship refers to a set of documents that the sponsoring employer submits to the US Government. The sponsorship letter signifies the employer’s intent and willingness to hire someone overseas. The sponsorship letter contains forms and other documents that include the recruitment details and the justification for the company’s need to employ a foreign national

The length of time it will take for them to be able to immigrate will depend on a variety of factors, including their country of origin and the type of visa they are applying for

Yes, a foreign national seeking employment in the US may immigrate with his family. Family members include the spouse and unmarried children under 21 years of age.

To accompany or follow to join the principal foreign national, the family members must:

  • Be the spouse or unmarried child under 21 years of age of the principal foreign national;
  • Be admissible to the United States as immigrants, except for those who seek to enter solely as refugees or asylees.

The family members may be granted derivative status, which allows them to receive the same immigration benefits as the principal foreign national. For example, if the principal foreign national is granted lawful permanent resident status, the family members will also be granted lawful permanent resident status

Related Posts

Person examining document
23 May 2024

Acceptable Bank Statement for UK Student Visa

If you are planning to come to the UK to study, you will need to prove you have enough money to support yourself while staying in the UK as part of your Student visa.

Read Article
Architectural building with Canadian flag on top
17 May 2024

Open Work Permit Canada for Nigerians

Canada has a growing economy that allows immigrants to explore different career Opportunities. Nigerian citizens who wish to work in Canada can be granted an open work permit provided the employee and employer meet the eligibility requirements.
For further information on how to apply for an open work permit, contact The Immigration Advice Service (IAS) at +23413438882 and +44 (0) 3316300929. Our immigration lawyers are ever ready to help you with the application process.

Read Article
Silver, antique Canadian coin
17 May 2024

Canada Visa Requirements for Nigeria

If you are a Nigerian looking to go to Canada, you must apply for a Canadian Visa to work, visit or study there.

Read Article
Two friends standing together on street in America
17 May 2024

Easiest Way to Get American Visa from Nigeria

If you’re a Nigerian waiting to visit the US, you’ve probably heard about an easy way to get an American visa. However, there’s no easy visa; you must meet the necessary requirements.
For more information about applying for an American Visa from Nigeria, including support and advice about the process, or any other queries you might have, then call our immigration experts today at +23413438882 and +44 (0) 3316300929 or contact us online.

Read Article
Nigeria welcome sign on white arch
17 May 2024

Entry to the UK from Nigeria

To live and work in the UK, you will need a visa. This guide will give you all the information you need about the type of visa you should apply for and other criteria you need to consider when making an application for entry to the UK from Nigeria.

Read Article

Get in touch with our team

Learn about our professional services and find out how we can help.

X
Contact Us