What Employers Should Know About Sponsoring A Work Visa
If you are an employer in the US looking to hire foreign workers, it is important for you to understand how the sponsoring of a work visa works. There are different types of visas available, each with its own set of requirements. Employers are met with various legal, administrative, and compliance challenges during the application process.
On top of that, immigration laws undergo frequent policy changes. Therefore, the sponsorship process can seem impossible without proper expert guidance. Some challenges, such as proving why you could not find qualified workers in the US, handling paperwork, and following strict rules, can make the process more complicated.
Along with your confusion, there are chances of unexpected delays and issues that can prolong the process even more. This is where working with an experienced visa attorney from a reputed firm like J. Sparks Law can help. They can help you gather the necessary documents, solve legal issues, and advise you on the best visa options for different hiring needs.
Steps to sponsoring a work visa
In order to sponsor a work visa, an employer must follow a few essential steps.
Step 1: Determining eligibility.
The first step is determining whether the worker is eligible for the roles and responsibilities required for the job. Employers must ensure that the position meets the requirements set by U.S. Citizenship and Immigration Services (USCIS) for the specific visa.
For example, some visas, like the H-1B, require the role to be a “specialty occupation. This means that they should have specialized knowledge and typically must have a bachelor’s degree. The worker’s qualifications must also match the visa requirements. This involves educational backgrounds, work experience, or expertise in the field.
Step 2: Filing required documentation.
Once you ensure that all the eligibility requirements are met, the employer needs to file the necessary documents to begin the sponsorship process. For certain visas, such as the H-1B, employers need to submit an LCA with the Department of Labor. This document must show that hiring the foreign worker will not negatively affect opportunities for US employees.
The employer must then file Form I-129, Petition for a Nonimmigrant Worker (or the appropriate form for the visa type). This form should contain accurate details about the employee, the position, and the employer’s business. The employer should also remain compliant with various requirements, such as fair wages, ensuring safe working conditions, etc.
Step 3: Understand the costs and processing timeline.
There are various costs associated with work visa sponsorship. The first is the petition filing fee, which typically ranges between $460 and $780, depending on the company’s size. There is also a fraud prevention fee of $500, which is required for visas like the H-1B. And if you hire a visa attorney, that will cost you between $1,500 and $4,500.
The processing times vary greatly based on the visa type and the complexity of the case. The initial processing time can take anywhere between a few weeks to several months. Additional delays may occur due to backlogs or additional requests for documentation from USCIS.
Challenges employers face during the process
An employer sponsoring work visas for foreign workers may have to face several challenges. For instance, there is high demand for the H-1B visa, with an annual cap of 65,000 visas plus an additional 20,000 for advanced U.S. degree holders. The USCIS received over 780,000 registrations for FY 2024, which creates a lot of competition.
To combat these issues, employers should start planning their sponsorship process early. USCIS’s backlog in 2022 affected over 9.5 million cases. Further, frequent changes in immigration policy introduce added uncertainty. Having an attorney can help tackle these challenges.
Increase your chances of success!
If you find yourself feeling confused and lost during the sponsorship process, hire a visa attorney in Austin, Texas, today!
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