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What is Sponsorship for Employment?

Getting your dream job in the United States can be a challenge, especially if you don’t meet the usual visa eligibility requirements or if you don’t have any connections to get the job. Even though there are other ways of getting into the US as an employee instead of as a visitor, many of them come with their own set of restrictions and limitations that make it hard to get a work visa.

Fortunately, other options are available for those who want to live and work in the US but don’t meet the general requirements. One of these options is sponsorship for employment.

The immigration attorneys at IAS are prepared to collaborate with you to lessen the stress associated with any immigration process and increase your chances of success. Contact us today at 0333 305 9375 to learn more about our immigration services and to begin submitting a successful application.

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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.

Employment Visas

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.

Employment Visas for Employment Sponsorships

There are two ways to go about employment sponsorship. Sponsorship for temporary employment and sponsorship for permanent employment.

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.

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 employment sponsorship

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.

Do you need help with your sponsorship for employment? Our lawyers can assist you.

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.

steps for getting employment visa

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.

Start your personalised immigration advice session to receive the answers and information you need.

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

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