When you are looking for the best people to do a job, the last thing you may consider is what country they are from. However, it’s important to understand that you must take this into consideration, as you’ll need to ensure you take the necessary steps to sponsor an employee for a work visa. This can be an incredibly complicated process, so it’s critical to understand the different types of visas available and the steps involved in this process. The following blog explores what you should know about this process, including the importance of working with Fairfax County business immigration lawyers to discuss your legal options.
What Are the Different Types of Work Visas Available?
First and foremost, it’s imperative to understand that there are a considerable number of work visas that may be applicable to your employee’s circumstances. In general, there are a considerable number of temporary visas that may be applicable, and five permanent worker visas.
The temporary visas include the following:
- H visas, which include H-1B, H-1B1, H-2A, H-2B, and H-3 visas
- I visas, for members of the foreign media
- L visas, which cover intracompany transfers
- O visas, for employees with extraordinary abilities
- P visas, for athletes, media group members, and entertainers
- R visas, for religious workers
Permanent visas, on the other hand, are organized into different “preference” categories. These range from EB-1 to EB-5, based on the work being completed.
If you wish to sponsor a foreign employee, it is critical to ensure you carefully explore what visa category is applicable to the job by connecting with an experienced attorney who can assist you in this matter.
What Can I Do to Sponsor an Employee?
Once you have determined the worker’s eligibility and correct visa category, you must extend them a formal job offer. It is critical to understand that this process cannot be initiated without a job offer in place. After a job offer has been extended, the first thing you must do is file a Labor Condition Application with the Department of Labor. Essentially, this is necessary to show that hiring a foreign worker will not negatively impact citizen workers while ensuring that you will provide fair compensation for the foreign worker.
Once these steps are complete, you can file a formal petition with the United States Citizenship and Immigration Services (USCIS). If you are sponsoring a temporary employee, you’ll file Form I-129, Petition for Nonimmigrant Worker. If seeking permanent residency for a non-temporary employment opportunity, you must file Form I-140, Immigrant Petition for Alien Workers.
As you can see, the process of sponsoring an employee can be incredibly difficult to navigate, which is why it is imperative to connect with an experienced employment attorney to assist you through this matter. At Goel & Anderson, our dedicated legal team understands how complicated this process can be, which is why we are dedicated to guiding you through this process. Connect with us today to learn how we can assist you.
