Greetings! June is the month of new beginnings with that theme in mind this Weekly Pulse will be covering matters related to International Business Law. Today we are sharing information regarding Sponsorship for Employment Visa Status. Specifically, why it’s important? How can a person(s) or company obtain one? We will be providing some helpful resources to gain more information.
An employment visa allows a foreign national to travel to the United States in order to legally live and work here for a temporary period of time. Employment visas are sometimes called work visas, work permits, employment-based visas and EB visas. There are quotas or limits on the number of employment visas issued each year. Some types of sponsorship visas may also require work certification, which is a process verifying that the employer needs that specific worker for the job and can’t find similar employees from the pool of U.S. laborers. In some cases, an employment-based visa can lead to lawful permanent resident status for the worker.
In order to receive an employment visa to work in the United States, you’ll need an employer to petition the American government for a visa on your behalf and “sponsor” your travel to the United States. As part of the visa sponsorship process, the employer will need to provide the government with the following assurances:
- The company needs this particular worker to fill the job position
- The job position cannot be filled by local U.S. citizens
- Proof that the prospective employee is able to travel to the United States and fulfill the job’s responsibilities.
Once you are permitted into the United States, the employer must continue to sponsor your visa status by maintaining your employment with them. Unfortunately, that means an employment visa can (usually will) be immediately revoked if you resign, are terminated or if the company goes out of business. If you are currently in the United States under an employment visa and your sponsorship status is in jeopardy (i.e. the company is closing or has announced layoffs), you should speak with one of our immigration experts here at The Law Offices of Marjory Cajoux as soon as possible.
In order to receive an employment visa, the employer will need to start the process by first obtaining a Labor Certification Approval from the US Department of Labor. Upon completion of the labor certification, the employer will then file an Immigrant Petition for Alien Worker (Form I-140) with US Citizenship and Immigration Services (USCIS) based on the appropriate employment-based preference category. The best way to ensure that you get approved for the I-140 form is to work with an immigration attorney. An immigration attorney will not only provide you with all the necessary resources but will make sure that your forms are properly complete to increase likelihood of approval.
The nonimmigrant visas that need employment sponsorship are outlined below:
- H-1B visa – Person in Specialty Occupation;
- H-2A visa – Temporary Agricultural Workers;
- H-2B visa – Temporary Non-Agricultural Workers;
- L1 visas – Intercompany transfer going to the U.S. due to specialized knowledge or to take on managerial or executive positions;
- O-1 visa – People with extraordinary abilities in business, science, athletics, and education;
- O-1B visa – People with extraordinary abilities in the arts, television, and film industries;
- O-2 visa – Personnel assisting those with O-1A and O-1B visas.
The final step in the employment visa application process is to complete a visa interview in the nearest US embassy or consulate in your home country. The interviewer will make the final determination of approving an employment visa. The Law Offices of Marjory Cajoux is devoted to employment and family-based immigration law. Our mission is to provide efficient, high-quality legal service to our clients. Please contact our firm for a free initial case evaluation for businesses and individuals who are looking to retain quality legal immigration services. Our firm has over 25 years of experience in handling Estate, Immigration, Personal Injury and Real Estate matters and we look forward to serving you.