This is a comprehensive guide on how to work in the USA with a $15,000 visa sponsorship, inclusive of the requirements and procedure.
The USA is a dream destination to work in, with various vast opportunities. But then, securing a visa and finding a company that sponsors you may be quite tough. This guide will walk you through the requirements and procedures that are involved in working in the USA, with visa sponsorship of $15,000 covering different aspects: visa type, eligibility, application process, and important steps involved.
What is a Visa Sponsorship?
Visa sponsorship means an employer is willing to hire a foreign worker and will sponsor his or her visa.
For most jobs, it is necessary for employers in the USA to demonstrate to the government that no qualified U.S. workers are available for the position and hence there is a need to hire an international candidate for that job.
For most visa categories, sponsoring fees are expected to be borne by the employer himself, which may range from a few thousand dollars up to over $15,000.
Types of Visas that involve Employer Sponsorship
There are some visa categories where foreign nationals can be employed in the USA, and employer sponsorship plays an important role. Some of the most common include:
- H-1B Visa (Specialty Occupations). For qualified professionals who hold at least a bachelor’s degree in specialized fields, including IT, engineering, health sectors, among others. The employer is required to sponsor the applicant and bear all associated fees.
- L-1 Visa (Intra-Company Transfers). For international companies that wish to transfer an employee from a foreign office to their U.S. office. The employer for this visa must show that the employee has been employed abroad with the company for at least one continuous year.
- EB-2/EB-3 Visa (Employment-Based Permanent Residency). These are categories of green cards for skilled workers and professionals. The employer has to show there are no qualified U.S. workers available, and also sponsor the immigrant for a permanent job position in the United States.
- O-1 Visa (Individuals with Extraordinary Ability or Achievement). For applicants who possess extraordinary ability in the arts, sciences, education, business, or athletics. Sponsorship by an employer and heavy documentation showing proof of extraordinary ability is required.
General Requirements for Visa Sponsorship
In this regard, an employer and an employee must meet specific requirements to work in the U.S. under sponsorship on a visa. Major eligibility requirements that are to be met include:
Employer Requirements
- Proof of Financial Capability: It needs the employer, who sponsored the foreign worker, to prove their capability and adequacy to pay for the prevailing wage for the position that is going to be taken. For H-1B and other employment visas, employers may also need to provide proof of the ability to pay wages, particularly financial stability to compensate for visa costs reaching as high as $15,000.
- Labor Condition Application: This is sent to the U.S. Department of Labor for those applying under the H-1B category. It is a form that guarantees that hiring a foreign worker will not affect the wages and working conditions of American employees in similar fields. Demonstrating the Unavailability of U.S. Workers: In the case of EB-2 or EB-3 visa categories, the employer should demonstrate labor certification that no U.S. workers are available for the job posting.
- Educational Requirements: There are various educational requirements concerning different types of visas. For instance, H-1B visas require a minimum qualification of a bachelor’s degree in the relevant field. Other visa categories may require higher qualifications or some special training.
- Work Visa Sponsorship: The employee will require a formal job offer from the employer in the U.S., for which they would be willing to sponsor their visa.
- Background Check: The employee has to pass a background check regarding criminal history or being a national security risk.
Step-by-Step Visa Sponsorship Procedure
Visa sponsorship for a work visa is pretty elaborate, both for the employer and the prospective employee. The following is the step-by-step procedure:
Employer Initiates
The employer chooses to hire a foreign worker for a specific job and offers visa sponsorship.
They will file the forms that demonstrate to the U.S. Department of Labor-basically proof that a hiring event did not violate U.S. laws an LCA for an H-1B or a PERM Labor Certification for EB2 or EB3 visas.
Filing of the Petition (Form I-129)
Following DOL approval, the employer will petition, Form I-129, to U.S. Citizenship and Immigration Services (USCIS). Form I-129 is the principal petition for H-1B and other work-related non-immigrant visas.
Employers shall file Form I 140, Immigrant Petition for Alien Workers for EB visas.
Payment of Fees
The amount of fees depends on the type of visa. In fact, employers are expected to pay a base fee of about $1,710 for H-1B visas in addition to legal and filing costs. Moreover, attorney fees along with other associated costs can bring the total at approximately $15,000.
The sponsorship to green card visas, such as EB-2 and EB-3, also involves additional costs in application fees, advertising cost where required, as well as lawyers’ fees.
Approval and Application of Visa
If the petition that the employer has filed gets approved by the USCIS, the employee will apply for the right visa at a U.S. consulate in the country of their residence.
The employee will be filling out DS form 160 for a non-immigrant visa and attending the interview at the U.S. Embassy or Consulate.
Visa Issuance and Travel to the U.S.
Once the visa gets approved, a foreign worker can work for that sponsoring employer by coming to the U.S.
The applicants of the green card will be allowed to be permanent residents once it gets approved to the employee.
Important Visa Sponsorship Considerations
- Cap Limits: Some visa categories, like the H-1B, are capped on a yearly basis. What this essentially means is that only a fixed number of visas will be issued each year. For example, the annual cap for the H-1B is 65,000 with an additional 20,000 for those individuals with a master’s degree or higher from U.S. institutions. Employers must be cognizant of such limits and move accordingly.
- Timeline: Sponsorship normally takes several months via visa. For instance, H-1B visas are usually subject to a lottery selection process; the general opening of the window is in April of each year. EB green card sponsorship may take several years since there is a backlog in processing visas.
- Visa Fees: Attorney fees, plus application costs, including other associated visa fees for $15,000 in visa sponsorship. Whereas employers are required by law to cover the expenses of some visa processes, others might need to be paid for by the employee himself, which could include dependent-related fees or additional fees paid for expedited processing.
- Maintenance of Legal Status: After arriving in the United States, foreign workers should make all efforts to maintain their legal status by adhering to the conditions of their visa, which may include working for the sponsoring employer and renewing that visa or applying for a green card well in advance of the expiration date of the current visa.
Conclusion
Visa sponsorship to work in the USA is a very long process and requires patience on both the employer’s and employee’s part. It includes an employer’s detailed planning, keeping in view the relevant U.S. immigration laws, and most importantly, it requires an appropriate budget to cover all the costs involved in the process.
If the employer and the foreign employee are equally aware of the various types of visas, their eligibility criteria, and the steps involved in the process, then the ultimate aim of working in the U.S. would be more suitably achieved.
References:
1. Linkedin
2. Quora