If you want to obtain a work visa for USA sponsorship, you will need to follow specific steps outlined by the USCIS. To obtain a company-sponsored work visa for the USA, you, as the employee, need to obtain an employer who will be your sponsor. Because this can be quite a complex immigration process, it is strongly recommended that you seek the help of an immigration attorney. Here is everything you need to know about how an immigration attorney can help with the work visa USA sponsorship process, ensuring your application is successful.
U.S. Employers Sponsoring Work Visa: Everything You Need to Know
Before diving into the complexities around companies offering visa sponsorship to the USA, you need to understand what this visa actually is. There are many types of visas available for immigrants, depending on your situation and who is sponsoring you. When a U.S. employer is sponsoring work visas, this is considered to be an employment-based sponsorship.
The process starts with a U.S. employer sponsoring a foreign worker so that they can come to the U.S. legally with a visa or a green card. By acting as the foreign worker’s sponsor, the employer is taking on responsibility for them as well as guaranteeing that there is no qualified U.S. worker available to fill that position.
The process of a U.S. employer sponsoring a work visa can be quite complicated because it involves two people. There are certain responsibilities you have as a foreign employee, and the U.S. employer also has certain responsibilities during the immigration process.
Application Process
Work visa sponsorship, like any other type of immigration process, includes a variety of important steps. For your application to be successful, both you and your employer will need to complete these steps correctly so that your application is accepted.
Here is the step-by-step process for obtaining a company-sponsored work visa to the USA:
- PERM labor certification: The majority of work-based visas require the U.S. employer to first complete PERM labor certification. The purpose of this certification is to show that there are no qualified U.S. workers available to fill that specific position.
- I-140 immigration petition: The next step of the immigration process requires the U.S. employer to file an I-140 petition to confirm that there is a valid job offer and the worker meets the job offer qualifications as well as the criteria for the visa.
- Adjustment of status: When you are notified that your I-140 petition has been approved, you can move forward with filing form I-485, which is an adjustment of status. This allows you as an immigrant worker to apply for a green card through adjustment of status if you are in the U.S. or through consular processing if you are outside of the U.S.
Before you and your employer move forward with applying for an employment-based visa, you need to hire an immigration attorney. An attorney will understand how this process works and can help you move forward with your petition. They can also help you address any issues that may come up along the way, such as requests for evidence or a petition denial.
Work Visa Sponsorship USA Requirements
There are a variety of work visas available for different types of workers, different situations, and with different requirements. However, there are some U.S. work visa sponsorship requirements that apply to the majority, if not all, of work visas. Before you or your U.S. employer move forward with applying for a work visa, you need to ensure you meet these requirements:
- You have a job offer from a U.S. employer.
- You have the required education or work experience for the job.
- You are in a field that is included in the list of eligible occupations for work visas.
Keep in mind that there are also general requirements for anyone who wishes to immigrate to the United States, temporarily or permanently. Examples of things that could make you inadmissible include past criminal activity, being a national security risk, being a health concern, or committing immigration fraud.
Being deemed inadmissible or not meeting the work visa requirements would most likely result in your petition being denied.
How an Immigration Attorney Can Help With a Work Visa USA Sponsorship
Although it is possible to obtain a work visa for USA sponsorship without the help of an immigration attorney, it is always best to seek legal assistance. The immigration process is quite complex and can be difficult to understand if you don’t have a background in immigration.
Here are some of the ways an immigration attorney can help you obtain a work visa quickly and without any complications:
- Preparation: An attorney will help you before you even submit your petition since preparation is very important for proving eligibility. An attorney will help you understand the documents you need to provide with your petition as well as locate them so that you do not run into any delays.
- Filing: When you move on to the next step of the process, which is filing the petition, your attorney will also help with the step. They will help you fill out the petition, ensuring it is thorough and free of any errors.
- Adjusting status: If your petition is approved and you wish to obtain a green card, your immigration attorney will also help you with this process, whether you have to go through adjustment of status or consular processing.
Another added benefit of hiring an immigration attorney is that they can help you address any complications throughout the immigration process. Any type of issue with your petition or eligibility can result in lengthy delays and the potential for having your petition denied. An attorney will help you address any issues as quickly as possible to ensure the best chances of approval and speedy immigration.
Hire an Immigration Attorney Today
Do you want to come to the United States with a work visa through USA sponsorship? Contact us today at U.S. Immigration Law Counsel at 800-666-4996 to speak with an immigration attorney about your situation. We will deal with the government, so you don’t have to!
