How to Sponsor an Employee for a Work Visa (2024)

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How to Sponsor an Employee for a Work Visa (2)

Our step-by-step guide to sponsoring employees for a work visa.

1.

Prepare to file a Labor Condition Application.

1.1

Ensure that your job description outlines a Specialty Occupation.

How to Sponsor an Employee for a Work Visa (3)

Ensure that the job description for your vacancy stipulates the need for the candidate to have (at minimum) a bachelor's degree in a specialized field such as engineering, medicine, or law. The position must be one that requires an individual with a specific degree, experience, or training.

The successful applicant must have a degree that is equivalent to or higher than the corresponding U.S. degree.

If applicable, the successful applicant must have relevant permits or licenses to practice in the U.S.

1.2

Notify the U.S. workforce of your LCA application.

How to Sponsor an Employee for a Work Visa (4)

Employers must notify U.S. workers 30 days before filing an LCA. Your notice must list:

  • The number of non-U.S. candidates you intend to hire.
  • The wages allocated for the role.
  • The length of the contract offered.
  • The location of employment.

The notice must also include this statement:

"Complaints alleging misrepresentation of material facts in the labor condition application and/or failure to comply with the terms of the labor condition application may be filed with any office of the Wage and Hour Division of the United States Department of Labor."

Notices must be sent to a union representative of the particular field your vacancy is in.

Physical notices must be posted in communal spaces at your employment location. The notice must remain posted for 10 days.

Employees must be notified electronically via email or an online notice board.

2.

File a Labor Condition Application.

2.1

Complete and submit Form I-129.

How to Sponsor an Employee for a Work Visa (5)

Employers must fill in and submit Form I-129 to apply for permission to hire a Nonimmigrant worker.

Forms must be submitted to the closest of the following four locations: the California Service Center (CSC), the Vermont Service Center (VSC), the Nebraska Service Center (NSC), or the Texas Service Center (TSC).

The filing fee for Form I-129 is $460.00.

The address of your primary work location must be used when considering which location to submit your form to. The location of your training centre should not be used.

3.

Obtain a visa.

3.1

Wait for a Form I-797 Notice of Action.

How to Sponsor an Employee for a Work Visa (6)

If your application is approved, you will receive a Form I-797 Notice of Action. The foreign employee must take Form I-797 to a U.S. embassy or consulate in their country. This will allow them to apply for permission to enter the U.S.

How to Sponsor an Employee for a Work Visa (7)

How to Hire a Foreign Employee

Steps to hiring a foreign employee, top job boards, and frequently asked questions.

How to Sponsor an Employee for a Work Visa (2024)

FAQs

How much does it cost to sponsor an employee for a work visa? ›

Petition Fee: The employer must pay a petition fee, which is standard for the visa being sought. For instance, an H-1B visa has a base petition fee of $460. Premium Processing (Optional): For expedited processing, employers can pay an additional fee of $2,500.

How do I sponsor my employee work visa? ›

5 Steps: How to sponsor a work visa for an Immigrant
  1. 1) Determine if your employee qualifies. ...
  2. 2) Get approval from the Department of Labor. ...
  3. 3) File the relevant petitions and forms. ...
  4. 4) The employee applies for their visa. ...
  5. 5) Wait for review and approval by the NVC.

How do I employ someone with a work visa? ›

If you are considering hiring a foreign worker, follow these four steps:
  1. Acquire certifications. Apply for certification from the U.S. Department of Labor (DOL). ...
  2. Recruit and interview candidates. ...
  3. Acquire work visas. ...
  4. Comply with tax laws.

How to sponsor a non-U.S. citizen? ›

on a relative petition must have a financial sponsor.

If you choose to sponsor your relative's immigration by filing a Form I-130, Petition for Alien Relative, you must agree to be the financial sponsor and file an affidavit of support when the time comes for actual immigration.

Can an LLC sponsor a work visa? ›

According to the U.S. Department of Labor, the H-1B employer is the entity that files the Labor Condition Application (LCA) and the H-1B petition on behalf of the worker. For an LLC owner seeking to sponsor themselves for an H-1B visa, they must prove that their LLC, not the owner personally, is the employer.

How much does an employer pay for a work visa? ›

Companies can expect to pay between $2,000 and $5,000 per petition, depending on the case's complexity. Filing Fees: U.S. Citizenship and Immigration Services (USCIS) charges filing fees for nonimmigrant visa petitions.

Can I get a US work visa without a job offer? ›

Most US Work Visas require the foreign worker to receive a job offer from a sponsoring employer in the United States; however, there are a small number of US Work Visas that do not have this requirement such as the: E-1 Treaty Trader Work Visa, E-2 Treaty Investor Work Visa, EB-1A Immigrant Visa/Green Card and the EB-2 ...

Is it hard to sponsor a work visa? ›

Complex legal processes: Sponsoring a foreigner for a work visa involves navigating complex legal procedures, paperwork, and regulations. Employers must stay up-to-date with immigration laws and regulations, which can be time-consuming and challenging.

Who pays for visa sponsorship? ›

The employer will have to pay a number of fees to sponsor a skilled worker visa, including the sponsor licence application fee and the fee to assign a Certificate of Sponsorship to the worker.

How to employ a non-US citizen? ›

You must first request certification from DOL before submitting your I-129 petition to USCIS. For H-1B nonimmigrants, a Labor Condition Application, and for H-2A and H-2B nonimmigrants, an Application for Temporary Employment Certification must be filed in accordance with DOL instructions.

Can an employer provide a work visa to USA? ›

If you are a foreign professional who wants to immigrate to the U.S. based on your education or employment skills, you could get a visa through your employer. All noncitizens must receive proper authorization before working in the United States. You can work in the country temporarily or permanently.

What are the requirements for sponsorship in the USA? ›

If you filed an immigrant visa petition for your relative, you must be the sponsor. You must also be at least 18 years old and a U.S. citizen or a permanent resident. You must have a domicile in the United States or a territory or possession of the United States.

How much does it cost to sponsor a work visa? ›

The filing fees for an H-1B are $460 or $500 and then either $750 or $1,500, depending on the size of the company.

How long after becoming a U.S. citizen can you sponsor someone? ›

There is no waiting period for immediate relatives of U.S. citizens, which include a U.S. citizen's spouse, parent, or unmarried child under 21 years of age.

How does an employer sponsor a work visa? ›

Before you can even apply for a US work visa, you must have a job offer from a specific US employer. The employer will then sponsor your visa by filing a petition with the US Citizenship and Immigration Services (USCIS). This type of work visa is part of a wider category of visas called petition-based visas.

How much is employee visa fee? ›

Estimated Employee Visa Cost in Dubai for Category 3

Labor Fee: AED 3,550. Labor Insurance: AED 180. Entry Permit Inside the Country: AED 1,165. Change Status: AED 675.

How much does a U.S. work visa cost? ›

2. Extension of the online filing option and fee reductions
US WORK VISAS
I-129 Petition for A Nonimmigrant WorkerFEES (from 04/01/2024)
I-129 for H-1B$780
I-129 for H-1B; small employers and nonprofits$460
I-129 for L$1,385
3 more rows

How much to sponsor someone to the USA? ›

2024 Income Requirements for Green Card Sponsors

The most common minimum annual income required to sponsor a spouse or family member for a green card is $25,550. This assumes that the sponsor — the U.S. citizen or current green card holder — is not on active military duty and is sponsoring only one relative.

How long does it take to sponsor a work visa? ›

The Foreign-Worker Sponsorship Timeline

This can take anywhere from six months to several years to complete. Obtaining approval from U.S. Citizenship and Immigration Services (USCIS) of an I-140 petition on behalf of the foreign worker.

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