Understanding Sponsorship for Employment
What is sponsorship for employment? This can be answered by understanding what sponsors do and the fundamentals of looking for work abroad to improve your chances of being sponsored.
For an employment sponsorship, an employer, family member, or spouse has to file an affidavit of support on your behalf. It is a legally binding document that promises you won’t be a burden on the taxpayers during your time in the country.
Employer sponsors help foreign nationals obtain temporary or permanent employment visas to live and work in the nation. They also offer them financial and legal support. The sponsor will also be responsible for repaying any debt you owe in the future if you cannot do so yourself.
With the aid of an employment visa, a foreign national can enter the country and stay for a predetermined period of time, working there as well. Although employment visas vary, they are normally in your passport and let immigration officials know that you are legally allowed to enter and work in the country.
1. Temporary Employment sponsorship
A temporary workers’ visa, also known as a non-immigrant work visa, is for people who desire to enter the United States for employment during a specific period of time. The majority of these visas involve employment sponsorship. Popular temporary work visas for employment sponsorships include:
- H-1B Visas are for people with bachelor’s degrees and unique skills.
- H-2A Visas are for agricultural workers.
- H-2B Visas are for general temporary workers.
- L-1 visas are only issued for intra-company transfers.
- TN Visas are for citizens of Canada and Mexico only.
A Form I-129 (a Petition for Non-Immigrant Worker, and a cost of $460 must normally be submitted to the USCIS for all visas other than the H-1B and H-2A. Before submitting the form, employers who sponsor work visas should additionally get a labor condition application from the US Department of Labor.
The U.S. Department of Labor will then decide that there was a need for the position with no American candidates. It will ensure that the foreign worker would receive pay at par with that of American candidates.
2. Permanent Employment Sponsorship
When a firm wants to hire a foreign worker permanently, it can do so by sponsoring the applicant for a company-sponsored green card. The recipient of a green card is given permanent resident status in the United States. The company must prove that the applicant is competent for the job position and state why they want to hire them.
As mentioned above, the employer will start by sending the US Department of Labor its application for labor conditions. When this application is approved, the employer will send Form I-140, or the Immigrant Petition for Alien Worker, to the USCIS along with a $700 fee.
Permanent work visas come in five different varieties:
1. Employment-Based First Preference (EB1) Visa
Only three groups are eligible for the Priority E1 category:
- Those who excel in business, education, athletics, the arts, or science
- Multinational managers or executives who have worked for the employer’s abroad subsidiary, parent, affiliate, or branch for at least one of the previous three year
- Outstanding academics and researchers having at least three years of experience in either research or education and recognition from abroad.
2. Employment-Based Second Preference (EB2) Visa
The two groups eligible for this visa type are:
- Advanced degree holders with at least a bachelor’s degree and five years of progressive experience in their field.
- Individuals with remarkable talent in the arts, sciences, or business; in this context, “remarkable talent” describes a level of skill significantly above average.
3. Employment-Based Third Preference (EB3) Visa
The three categories for the E3 classification consist of:
- Skilled workers—Individuals with at least two years of training or job experience are considered skilled employees (not including temporary work)
- Unskilled workers —those qualified to perform permanent jobs requiring less than two years of experience.
- Professionals—people whose line of work needs a bachelor’s degree or higher from an approved college, university, or foreign institution.
4. Employment-Based Fourth Preference (EB4) Visa
This category of visa is only available to special immigrants like:
- Iraqi and Afghan interpreters and translators who have spent at least a year working directly for the US armed forces or under the supervision of the Chief of Mission.
- Iraqi and Afghan citizens who have rendered valuable and loyal service while working for the US government or on its behalf in Iraq for at least one year between March 2003 and September 2013 or in Afghanistan for a minimum of one year following October 7, 2001. Candidates who meet the requirements must have encountered a persistent, substantial threat due to working for the United States.
- Religious workers.
- Religious leaders.
- Current and former US government personnel abroad.
- Broadcasters working for the International Broadcasting Bureau of the Broadcasting Board of Governors or a grantee of an equivalent organization in the United States.
- Graduates in medicine from abroad.
- Retirees from international organizations, sons and daughters who have never been married, and surviving spouses.
- Special juvenile immigrants (no derivatives from family members).
- People who have served in the US military or who have volunteered to do so but were recruited outside of the country.
- Current and former US government personnel abroad.
- Former workers for the Canal Zone Government.
- Former US government personnel in the Panama Canal Zone.
5. Employment-Based Fifth Preference (EB5) Visa
This category is only for foreign investors that are thinking about starting new businesses in the US that might employ Americans. The National Visa Center (NVC) will receive the petition once USCIS authorizes it based on the employment preference category.
When the applicant’s priority date coincides with the most recent qualifying date, the NVC will assign a case number and instruct the applicant to file Form DS-261 (Choice of Address and Agent) unless you have an immigration attorney. The NVC will request all required paperwork, including all application forms and civil documents after the proper costs have been paid.
Steps for Getting Employment Visa in the US
For Permanent Employment Visas
The employer must first obtain labor certification permission from the US Department of Labor to apply for an employment visa. The employer will also submit an Immigrant Petition for Alien Worker (Form I-140) to US Citizenship and Immigration Services (USCIS) based on the relevant employment-based preference category once the labor certification has been completed.
After that, you’ll have to pay processing costs and wait for the outcome.
For Temporary Employment Visas
First, you’ll need to get in touch with the DOL and submit a Labor Condition Application (LCA). Once your application has been granted, you must submit Form I-129 (Petition for a Nonimmigrant Worker) to request an H-1B visa. After that, you’ll need to pay the processing costs and wait for the outcome.
The last step in applying for an employment visa is to attend a visa interview at the closest embassy or consulate of the United States. The final decision about whether the applicant should be granted an employment visa rests with the interviewer.
How Can IAS Help You?
If you are a foreign national interested in getting your hands on a visa to the United States, you may want to consider the employment sponsorships option. The slightest error could cause your application to be denied, so it’s wise to speak with an immigration lawyer to make sure everything is right before submitting your application.
IAS’ immigration lawyers are ready to work with you to alleviate the pressure of any immigration process and improve your chances of success. To learn more about our immigration services and to start the process of submitting a successful application, reach out to us today at 0333 305 9375.
Last modified on December 30th, 2022 at 2:30 pm
Need help with an immigration issue? Book a one-to-one advice session with one of our legal caseworkers.
We can complete your visa application on your behalf, taking the stress and hassle out of the process.
Fast Track Package
Need to submit an application quickly? We can help you complete and send it off in as little as 24 hours.
Ensure you have the greatest chance of a successful appeal with our legal support and guidance.
The Advice Package
With our Advice Package, you can book a one-to-one session with one of our legal team and receive bespoke advice tailored for your situation. We will review your case and give you expert advice on how best to proceed with your immigration matter. Reach out to a member of our team and book your session today.
The Application Package
Our Application Package is designed to help relieve the stress of immigration applications. One of our legal caseworkers will help you throughout the entire process, including establishing your eligibility for your chosen route, completing your application form to the highest standards and organising your documents. We will then submit it and monitor its status on your behalf.
The Fast Track Package
Our premium Fast Track Package is ideal if you need to submit an application quickly, such as if you need to meet a tight deadline. Our lawyers will work closely with you to see that your application is completed to the highest standards and ensure you get your application in on time, helping to take the stress and pressure off you.
The Appeal Package
Visa appeals can be a stressful process, especially if you’re relying on a specific visa to be approved. Our legal team can help you navigate the whole process and maximise your chances of a successful appeal, working alongside you to reach a favourable result. We can also represent you in immigration-related hearings and tribunals.