For many foreigners, finding a job in the United States is only part of the equation. You will also need an appropriate immigration status to work legally. One of the most frequent paths is employer sponsorship, which is based on your being hired by a U.S. citizen and the employer filing the petition needed for the immigration process. Using your employment or education, the type of job and of course your being available to do it, you may qualify for a temporary employment visa, like an H-1B, H-2B, or L-1 or an employment-based immigrant visa [EB-3, for example]. This is a separate process for each category from a regular application for a U.S. work visa, so it is not always possible to apply first to U.S. consulates and then find an employer; quite the reverse for many cases, the employer starts the process.
What Is Employer Sponsorship for a U.S. Work Visa?
Employer sponsorship indicates that a U.S. company is prepared to hire an alien and undertake the process of obtaining immigration approval so that the alien can work in the US. In some (not all) cases, the employer, not the applicant, has to submit a petition to U.S. Citizenship and Immigration Services (USCIS) before the worker applies for a visa at an embassy or consulate in the United States. USCIS approval of the petition is a prerequisite in most cases before the applicant can apply for a visa. For employment- based immigration on a permanent basis, the process entails Department of Labor certification, then another form of immigrant petition based on the category.
U.S. Work Visas That Can Involve Employer Sponsorship
The type of visa you can use depends on your job, qualifications, employer and circumstances.
- H-1B Visa
The H-1B is limited to fields that normally possess specialized knowledge and a bachelor’s (or higher) degree or its equivalent in the field. It is usually connected with employment in areas like technology, engineering, finance, health care or the like. Due to potential limits on the number of H-1B visas, an employment offer does not always translate into an immediate ability of the employer to secure the H-1 B.
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- H-2B Visa
The H-2B program empowers U.S. employers to employ foreign workers “during seasonal fluctuations in non-agricultural employment.” The industries could be hotel, landscaping, construction support, and seasonal services, as the nature of H-2B employment is short-term. H-2B is not the employment-based green card route.
- H-2A Visa
H-2A is designed for temporary agricultural workers. U.S. agricultural employers use the program to hire eligible foreign workers for temporary agricultural jobs. This can be relevant to applicants looking for farm and agricultural employment rather than professional office positions.
- L-1 Visa
L-1 category is the visa for intracompany transferees and other employees. L-1 is available in the case an eligible employee is transferred from a qualifying foreign company to a U.S. company’s affiliate. This isn’t a visa you can usually get just by getting an U. S. employer. It applies in particular to employees of multinational companies with qualifying relationships between their foreign establishments and their U.S. establishments.=
- O-1 Visa
The O-1 is available to individuals who meet the requirements for extraordinary ability or achievement in areas such as sciences, education, business, arts or athletics. The employer or other qualifying petitioner generally files the petition. This route is more specialized and requires strong evidence of the applicant’s achievements.
- EB-3 Visa
The EB-3 is an employment-based immigration category for skilled workers, professionals, and other workers. Unlike time-limited work visas, even an approved EB-3 case can allow for permanent residence. For most EB-3 situations, the employer already has had to acquire labor certification through the Department of Labor before submitting the immigrant petition to USCIS.
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How to Get a U.S. Work Visa Through Employer Sponsorship
The exact process depends on the visa category, but the following steps explain the general route.
- Determine Which Visa Category You Could Qualify For
Begin by determining the type of work you are interested in doing in the US and which class of visa relates to this particular type of work, For instance, a researcher/designer in the software industry might look into possibilities for H-1B; someone planning to settle permanently might explore the options for EB-3. A person currently working in a foreign multinational may explore the possibilities of an L-1 transfer. Become familiar with the categories and do not select a visa because you notice it being used in a job advertisement. Ensure that you adhere to the requirements of the relevant category before continuing.
- Make Sure You Meet the Job Requirements
Before looking for sponsorship, make sure your qualifications match the type of work you want. Depending on the position, an employer may require:
- A bachelor’s or master’s degree
- Relevant professional experience
- A specific professional license
- Technical skills
- Industry certifications
- Language skills
- A particular amount of work experience
For regulated occupations such as nursing, medicine and certain healthcare professions, additional U.S. licensing requirements may apply.
- Find U.S. Employers That Sponsor Foreign Workers
This is often the most difficult part of the process.Search for employers that have previously sponsored foreign workers and look specifically for vacancies mentioning sponsorship.
Useful search terms include:
- “visa sponsorship jobs USA”
- “H-1B sponsorship jobs”
- “H-1B visa sponsorship”
- “EB-3 sponsorship jobs”
- “green card sponsorship”
- “employer sponsorship available”
- “international candidates welcome”
You can also research an employer’s previous sponsorship activity rather than relying entirely on what appears in a job advertisement.
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- Apply for Suitable Jobs
Once you find a suitable vacancy, submit your application according to the employer’s instructions. Your resume should clearly show:
- Your education
- Relevant work experience
- Technical skills
- Professional certifications
- Major achievements
- Contact information
- LinkedIn profile, if relevant
If sponsorship is not mentioned, you can still apply, but you should be prepared to ask whether the employer considers international candidates who require sponsorship.
- Get a Job Offer From the Employer
Able and willing to employ you in a position that is eligible under the relevant category. Receiving a job offer by itself does not give you permission to work in the United States. Your new employer will be required to adhere to the immigration process. When it comes to many types of temporary workers, the future employer is responsible for submitting a petition to USCIS.
- Employer Completes Any Required Labor Certification
Some visa categories require labor certification. For employment-based permanent immigration, the process is even more significant. As the Department of Labor notes: ‘the employer, not the employee, must file the permanent labor certification application. For some categories of temporary worker classification, the employer is also required to obtain an approved labor certification before the submission of the immigration petition.
- Employer Files the Appropriate Petition
For many temporary work visas, the employer files Form I-129, Petition for a Nonimmigrant Worker, with USCIS. For employment-based permanent immigration, the employer may file Form I-140, Immigrant Petition for Alien Worker, after completing the required labor certification when one is required. The exact form depends on the immigration category.
- Wait for USCIS Decision
USCIS reviews the employer’s petition. If it is approved, the employer receives the relevant approval notice. For petition-based temporary worker visas, the Department of State explains that applicants can generally proceed with the visa application after USCIS approves the petition.
- Apply for the U.S. Visa
If you are outside the US and the petition has been approved for you, then you will need to file the appropriate visa. This is relevant for many temporary petition-based workers: completing Form DS-160, paying the required visa application fee and scheduling a visa interview as instructed by the U.S. embassy or consulate where you are applying.
- Attend Your Visa Interview
Prepare your documents before the interview.
Depending on your visa category and circumstances, you may need:
- Valid passport
- DS-160 confirmation page
- Visa fee receipt
- Petition receipt or approval information
- Job offer or employment documentation
- Educational certificates
- Professional licenses
- Resume
- Evidence of relevant experience
- Other documents requested by the embassy
The Department of State notes that additional documentation may be requested depending on the applicant and visa category.
How Long Does Employer Sponsorship Take?
There is no single processing time for all employer-sponsored U.S. work visas.
The timeline can depend on:
- Visa category
- Employer’s preparation time
- Labor certification requirements
- USCIS processing
- Annual visa limits
- Visa availability
- Consular appointment availability
- Applicant’s circumstances
For temporary petition-based workers, it is usually required to have USCIS petition approval before the visa application, whereas for permanent employment-based immigration, it may include an extra step of labor certification and an immigrant petition.
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Final Thoughts
Obtaining a U.S. work visa through employer sponsorship involves several steps. First of all, you need to secure employment from an employer, research and choose the best U.S. work visa category for your situation, Search for U.S. jobs in your field and apply to the right potential employers, make sure your U.S. employer will be willing to sponsor you, then undertake the U.S. employer petition process and what to bring in your U.S. visa application. Remember that prerequisites differ from category to category, so always identify the current regulations on official U.S. immigration websites before you apply.