Your business needs reliable workers, and sometimes someone who ends up being a great fit for an open position just happens to be someone who doesn’t live in the United States. In cases like these, an employer can sponsor an employee for a visa. Our Fairfax County business immigration lawyers can tell you more about how this process works and help you ensure that everything goes smoothly.
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 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.
Which Agencies Do I Have to Go To When I’m Ready to Sponsor an Employee?
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
What Kinds of Work Visas Can I Sponsor?
There are many types of visas available to prospective workers. Which 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.
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.
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.
Contact Our Law Firm
If you have any questions about this process, we want to help you. Contact Goel & Anderson to schedule a consultation with our team. Our experienced immigration lawyers can answer your questions and help you figure out the best way to sponsor a prospective worker.
