David ran a growing technology company on the north side of Chicago. For months, he had been searching for a software engineer with a very specific set of skills. He finally found exactly the right person, but there was a complication. That person was from Nigeria and was only on a temporary visitor visa at the time. David had no idea where to start, whether it was even legal to hire him, or what it would cost to make it happen.
Stories like David’s are common. Employers across industries, technology, healthcare, hospitality, agriculture, research, regularly identify talented foreign nationals who could fill critical roles. The process of sponsoring an employee for a work visa is not simple, but it is navigable. This guide explains how it works, what employers are responsible for, and what to expect.
What Does It Mean to Sponsor an Employee for a Work Visa?
When an employer sponsors a foreign national for a work visa, the employer is taking on legal and financial responsibility for that employee’s ability to work in the United States. Depending on the visa category, this can involve filing petitions with U.S. Citizenship and Immigration Services (USCIS), obtaining certification from the Department of Labor, and in some cases committing to pay the employee a certain wage for the duration of their status.
Sponsorship is not a single process, it varies significantly depending on which visa category the employee qualifies for and whether the goal is temporary work authorization or permanent residency.
Common Work Visa Categories for Employer Sponsorship
H-1B Visa, Specialty Occupations
The H-1B is the most widely known employment-based visa. It is designed for workers in specialty occupations, typically roles that require at least a bachelor’s degree or equivalent in a specific field. Common industries include technology, finance, engineering, healthcare, and education.
H-1B visas are subject to an annual cap of 65,000, with an additional 20,000 reserved for applicants who hold a U.S. master’s degree or higher. Because demand vastly exceeds supply, USCIS runs a lottery each year to determine which petitions will be processed. Employers must register employees in the lottery in March for work to begin in October of the same year.
Key employer responsibilities for H-1B sponsorship include filing Form I-129 with USCIS, paying USCIS filing fees, and in most cases paying the employee the prevailing wage for their occupation and location.
L-1 Visa, Intracompany Transferees
The L-1 visa allows multinational companies to transfer employees from a foreign office to a U.S. office. There are two subcategories: L-1A for managers and executives, and L-1B for employees with specialized knowledge. This visa is not subject to an annual cap, making it significantly more accessible than the H-1B.
O-1 Visa, Extraordinary Ability
The O-1 visa is available for individuals with extraordinary ability or achievement in their field, whether in science, arts, education, business, athletics, or the film and television industry. Like the L-1, the O-1 is not subject to an annual cap and can be an excellent option for high-achieving candidates who do not fit the H-1B mold.
TN Visa, Canadian and Mexican Professionals
Under the United States-Mexico-Canada Agreement (USMCA), citizens of Canada and Mexico can apply for TN status to work in the United States in certain professional categories. This is a relatively fast and straightforward process for qualifying professions, including accountants, engineers, scientists, and computer systems analysts.
How Does Employer Sponsorship for a Green Card Work?
If the goal is for your employee to obtain permanent residency, a green card, the process is more involved than a temporary visa. Most employment-based green card cases go through a three-step process:
Step 1: PERM Labor Certification
Before sponsoring an employee for a green card in most employment-based categories, the employer must complete the Program Electronic Review Management (PERM) labor certification process administered by the Department of Labor. This process requires the employer to demonstrate that there are no qualified U.S. workers available to fill the position by conducting a federally mandated recruitment process.
PERM is time-consuming and highly procedural. It typically takes 6 to 18 months, and any errors in the recruitment process or application can result in denial and require starting over.
Step 2: Form I-140 Immigrant Petition
Once PERM is approved (or waived, in certain EB-1 and EB-2 NIW cases), the employer files Form I-140, the Immigrant Petition for Alien Workers, with USCIS. This step establishes the employee’s eligibility for an employment-based green card and sets their priority date.
Step 3: Adjustment of Status or Consular Processing
Once the employee’s priority date is current on the Visa Bulletin, they can apply for their green card either through adjustment of status (if they are in the U.S.) or consular processing (if they are abroad).
What Are an Employer’s Obligations During Sponsorship?
Sponsoring a foreign worker comes with real legal obligations. Depending on the visa type, employers may be responsible for:
- Paying certain USCIS filing fees (for H-1B, the employer is generally required to pay)
- Paying the employee the prevailing or actual wage, whichever is higher
- Maintaining the employee’s status and notifying USCIS of any material changes in employment
- In some visa categories, covering the cost of return transportation if the employee is terminated before their authorized period ends
Employers who fail to meet these obligations can face penalties, audits, and exclusion from future sponsorship programs. Working with an immigration attorney from the start helps ensure full compliance and protects both the employer and the employee.
Speak With a Chicago Employment Immigration Attorney
At JLB Law Group, we work with employers and employees to work through every step of the work visa and employment-based green card process. Whether you are a business owner looking to bring a key employee to the United States or a foreign national trying to understand your options, we are here to provide honest, experienced guidance.
Contact our office today or reach out through our website to schedule a consultation. The sooner you start the conversation, the more options you have.
If you’re located in the Chicago area, our Evanston immigration lawyer team at JLB Law Group can guide you through employment-based immigration. You may also find our related article, How Long Does It Take to Get a Green Card?, helpful.
Frequently Asked Questions
Can a small business sponsor an employee for a work visa?
Yes. Small businesses can sponsor employees for work visas including H-1B and employment-based green cards, though the employer must be able to demonstrate financial ability to pay the required wage among many other strict requirements. An immigration attorney can help small employers understand their eligibility and obligations.
How much does it cost to sponsor an employee for a visa?
Costs vary significantly by visa type. H-1B sponsorship can cost several thousand dollars in filing fees alone, some of which are mandatory for the employer to pay. PERM and green card sponsorship involve additional costs including attorney fees and advertising expenses. Your attorney can provide a cost estimate based on your specific situation.
Can I sponsor an employee who is already in the U.S. on another visa?
Often yes. Many employees who are in the U.S. on student visas or other nonimmigrant status can be sponsored for a work visa or green card without leaving the country. An immigration attorney can review the employee’s current status and advise on the best path forward.
What happens to a sponsored employee’s visa if they are laid off?
If an H-1B employee is laid off, they typically have a grace period of 60 days to find a new employer willing to transfer their H-1B, change to another status, or depart the United States. The specifics depend on the visa category. Both employers and employees should consult with an attorney before any termination to understand their respective obligations and options.