How to Get a US Sponsorship License
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A US employer has to apply for a Sponsorship License if they want to bring employees to their company from overseas. However, it is not an easy process. Along with the employee, the employer also has to fulfill some responsibilities. You have to provide all the details and proof that the employee you are hiring is really required by your company, and you will not be able to find such skills anywhere else.
What is a Sponsorship License?
A sponsorship from the US for a job signifies that a US business is hiring you. To the US visa authorities, it will guarantee that you will be a legitimate working resident. Furthermore, it also guarantees that you will receive the same compensation as a US citizen working in the same position.
Different forms and certificates with employment data must be included in the documents. Additionally, they must mention that the employer is willingly recruiting the worker. There needs to be adequate justification as to why a local resident cannot fulfill the needs of the company and why a foreign employee is required.
The employer needs to post job advertisements and submit other paperwork to the Department of Labor to resolve this. The hiring manager must wait for a response to the job postings. They can claim that they were unable to locate somebody to undertake the job if no one steps forward. This shows that United States citizens were not qualified for that post or available to fill it. The US employer can then defend hiring a foreign worker.
The Different Types
The many sponsorship license visa categories that your employer or company can apply for to transfer you to the US are listed below:
Nonimmigrant Employment Sponsorship
This visa type is primarily suited for quick visits. They are neither Green Cards nor do they grant their holders the ability to apply for citizenship. The employment-related nonimmigrant visas are among the most common. Below is a list of non-immigrant visas that demand employer sponsorship:
- H-1b visa for people in specialty jobs;
- H-2a visa for temporary agricultural employees;
- H-2b visa for temporary non-agricultural employees;
- L1 visa for transfers between companies going to the US due to specialized skill or knowledge or to take on higher positions;
- O-1a visa for a person with extraordinary abilities in fields of education, athletics, science, and business;
- O-1b visa for People with extraordinary abilities in the television, film industries, and arts;
- O-2 visa for private assisting O-1a and O-1b visas holders.
Immigrant Visas Sponsorships
Employment sponsorship is also required for immigration visas or Green Cards. There is a group of immigration visas based on employment among the categories. The majority of the group’s visas require employer sponsorship.
- EB-1 Visa for extraordinary researchers, professors, and persons with exceptional skills in science, arts, athletics, business, or education. Also, executive supervisors who have spent the last three years working at a foreign subsidiary of a US business.
- EB-2 Visa type requires higher education with an exhibited talent for business, sciences, or arts.
- EB-3 Visa for experts with an advanced education degree and qualified personnel with more than two years of experience. Also, unskilled individuals with fewer than two years of experience are also eligible (EW-3 Visa).
- EB-4 Visa for professionals from various religious, governmental, and international organizations.
Self-petitioning is permitted for certain visas, including the EB-1 visa. If you have exceptional characteristics, you might be allowed to sponsor your own visa without a need for a sponsoring employer. All fees and delivery of documents are your responsibility. Other visas, such as the EB-5 visa, are only available through the submission of a petition by yourself.
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Getting a Sponsorship License Letter for a US Visa
You need a work offer, either temporary or permanent, from a US company to be eligible for a work visa by sponsorship. The documentation for sponsoring will come with an agreement that you’ll need to sign and send back to the US corporation. Some non-immigrant visas are primarily subject to a Labor Certification requirement from the Department of Labor. This is when the American company argues that they were compelled to employ a foreign worker since they weren’t able to locate a US worker who met their qualifications.
The employer submits the petition following the issuance of this certification. The petition includes all pertinent agreements, dates, qualifications, and documentation pertaining to the employment. After that, USCIS receives it. For sponsoring a non-immigrant employee, the enterprise must submit Form I-129, which is a Petition for Nonimmigrant Workers. The company must submit Form I-140, which is an Immigrant Petition for Alien Workers if they wish to acquire immigrant visas.
These applications and their guidelines are available on the USCIS site. If the employer wishes to finish them, they can do so by following the directions. Many employers, however, use a lawyer to complete them to avoid mistakes. After a decision is made, both the employer and the worker are notified. If they reject the application, the notice explains why. It may be because the worker was not competent or there was insufficient evidence.
If the application is approved by USCIS, the letter will be favorable. It will then specify the following procedures that both the worker and the employer must complete in order to obtain the actual visa. Then, based on the kind of visa desired, the application procedure begins. The application is then processed at the US Consulate in the employee’s native country. However, it is always best to hire a US Immigration Lawyer, so you don’t have any problems with submitting and getting your US Sponsorship License.
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Josh Stevens is an experienced immigration consultant that specializes in obtaining sponsorship licenses within the U.S. He is also a renowned visa expert, with various publications worldwide.