Sponsoring an employee for a U.S. work visa can be a complex process, involving offering a job, choosing the correct visa category, and filing a petition with multiple government agencies like the Department of Labor and the United States Citizenship and Immigration Services. It’s important to understand that this process can take several months to a year, depending on the type of visa, government processing times, and whether or not labor certification is required. Additionally, you must be able to prove that there are no eligible United States workers, while also complying with strict wage and labor rules. Our Fairfax County business immigration lawyers can tell you more about how this process works and help you ensure that everything goes smoothly to avoid delays and denials.
How Do I Know If I Can Sponsor an Employee?
If you want to sponsor an employee, both you and that employee need to meet certain criteria. You must be:
- At least 18 years of age
- Living in the United States or one of its territories
- A United States citizen or a green card holder
You also have to show that you are ready to maintain this employer-employee relationship once this person arrives in the United States. Your employee needs to meet educational requirements and show that they have the skills to do a particular job. There are specific prerequisites for each type of work visa, but we’ll get to more specifics about your options in a second.
For employers in Virginia, including Fairfax County and Northern Virginia, sponsoring international workers is especially common in the technology, healthcare, and government contracting industries.
Key Employer Eligibility Requirements
- Must offer a bona fide full-time or otherwise qualifying job opportunity
- Must demonstrate the ability to meet the prevailing wage requirements
- Must comply with federal labor and immigration requirements
- Must show a legitimate employee-employer relationship
- Must maintain proper documentation for audits
Key Employee Eligibility Factors
- Must meet education and experience requirements for the position
- Must back a background and admissibility checks
- Must provide supporting documentation
- Must qualify under a specific visa category
Which Agencies Do I Have to Go To When I’m Ready to Sponsor an Employee?
Though immigration sponsorship is governed by federal agencies, Virginia employers frequently navigate these processes due to the region’s strong reliance on international talent, particularly in Fairfax County and the Washington D.C. area.
It shouldn’t be a surprise that this process involves the Department of Labor and immigration authorities. The DOL must approve the employee for a visa and issue a permanent labor certification. USCIS is contacted after the DOL evaluates the situation and determines that:
- No U.S. worker is able, willing, qualified, or available to accept this job opportunity
- The employment of this foreign worker will not negatively affect similarly employed American workers
Step-by-Step Government Process
In most instances, employers must complete a number of steps before the employee may begin working.
- File a Labor Condition Application (LCA) or PERM certification with the Department of Labor
- Receive certification confirming wage and labor compliance
- File a petition with USICS:
- Form I-129 (temporary workers)
- Form I-140 (permanent workers)
- Await a USICS adjudication and approval
- Employee must then apply for a visa at a U.S. consulate if abroad
What Kinds of Work Visas Can I Sponsor?
There are many types of visas available to prospective workers, including temporary (non-immigrant) visas and permanent (employment-based green card) immigration. The kind of work visa you would sponsor someone for would depend largely on their skill set and the kind of job they would be performing. For example, an EB-1 visa is reserved for priority workers with exceptional abilities in the fields of education, business, and athletics. Then you have an EB-3 visa for foreign nationals who could be considered skilled workers or professionals. If you’re not sure which visa applies, talking to an immigration lawyer can help.
Common Temporary Work Visas
- H-1B: Specialty occupations
- H-2A: Agricultural workers
- H-2B: Seasonal non-agricultural workers
- L-1: Intracompany transfers
- O-1: Individuals with extraordinary abilities
- R: Religious workers
- P: Athletes and entertainers
- I: Foreign media representative
Common Employment-Based Green Cards
- EB-1: Priority workers
- EB-2: Advanced degree professionals
- EB-3: Skilled workers
- EB-4: Special immigrants
- EB-5: Investors creating U.S. jobs
What About My Employee’s Family?
An employer would not file any immigration paperwork on behalf of an employee’s family. Instead, the employee you sponsor would eventually be eligible to go through the necessary processes to bring over any family members to the United States. It is usually possible to bring over a spouse and any unmarried children who are under the age of 21.
Family Visa Options
- Spouses may qualify for dependent visas, like an L-2 or H-4
- Children under 21 may qualify as derivative beneficiaries
- Some spouses may be eligible for work authorization
- Family members must meet all admissibility requirements
Do I Need a Lawyer?
It’s often a good idea to have a lawyer help you with this process. Any mistakes can cause delays and other problems, but an immigration lawyer can help you ensure that everything is done properly. This can make it easier for you and the worker you sponsor.
Why Legal Guidance Matters
- Helps avoid costly filing errors and denials
- Ensured compliance with all government agencies
- Handles Requests for Evidence (REFs) on your behalf
- Reduces processing risks and delays
- Can help develop a long-term strategy
Contact Our Fairfax County Law Firm
If you have any questions about this process, we want to help you. At Goel & Anderson, we understand that the immigration process can be incredibly complicated, which is why we are ready to assist you through these difficult times. If you’re ready to begin the process of sponsoring an international employee, contact our firm today to learn how we can assist you.
