How do I Sponsor a Foreign Worker in the US?

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.

Page Contents

• Sponsoring a Foreign Worker in the US: An Overview
• Guidelines to Sponsor a Foreign Employee for a Work Visa
• The EB Visa Categories for Work-related Sponsorship
• How can IAS Immigration Attorney Help?
• How to Sponsor a Foreign Worker in the US FAQs

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.