Introduction To Writing a US Visa Sponsorship Letter
Writing a US Visa Sponsorship letter remains pivotal to job seekers, the United States, with its significant economic growth and influence entices people worldwide with the allure of achieving the American Dream.
While many individuals are eager to find work and establish new lives in the US, the process of obtaining employment is typically time-consuming.
Foreign individuals are required to fulfill several steps to obtain the right to work legally in the country, One essential component is acquiring US employment sponsorship.
This article will discuss the details and provide comprehensive information about US employment visa sponsorship.
What is the concept of US Visa Sponsorship?
Securing a job is the initial step to working in the US, you must first land a job with an employer who is open to hiring international candidates.
The company where you intend to work needs to be informed that you are neither a US citizen nor a Legal Permanent Resident (LPR).
If they still decide to hire you, they are committing to sponsor you with a US visa or employment sponsorship, this indicates that a US employer is hiring you and vouching to the visa authorities that you will be legally employed in the country.
The company will specify that you will occupy the job position they offered and must ensure that your salary is equivalent to that of a US citizen or LPR in the same role.
What many consider an employer visa sponsorship letter is actually a set of documents that are submitted to the US Citizenship and Immigration Services (USCIS).
Contrary to popular belief, it isn’t just one sponsorship letter, the sponsorship entails a series of forms and letters that include comprehensive employment details. It is required to affirm that the employer has agreed to hire the employee.
A key challenge in employment visa sponsorship is demonstrating the need to hire a foreign employee, given the large number of US citizens and LPRs available when sponsoring a foreign worker, this is a key question that employers often have to answer.
To address this issue, the employer must publicly advertise the position and submit accompanying paperwork to the US Department of Labor.
The employer has to wait for potential candidates to apply, if none comes in, they can contend that they could not find a qualified person to fill the position. This indicates that US citizens or LPRs were either unavailable or were not suitably skilled for the job, justifying the employer’s decision to hire a foreign national.
To reiterate, finding an employer who is willing to sponsor you is essential for working in the US legally, working without this sponsorship is considered illegal. The lack of proper authorization can lead to severe outcomes, such as being arrested or deported.
Is It Essential To Obtain a Letter For US Visa Sponsorship?
Identifying the correct US visa for employment can be overwhelming due to the many available options. Furthermore, you might not need sponsorship for extremely short-term seasonal work.
Bear in mind that most job offers in the US will require visa sponsorship, the US visa system includes both nonimmigrant and immigrant categories.
Below is a list of visa types that requires employment sponsorship.
Nonimmigrant Visas Employment Sponsorship
Nonimmigrant visas for the US are designed for temporary stays but do not grant Green Card privileges or the opportunity to become a US citizen. Although there are many US nonimmigrant visa categories, the employment-related ones are among the most commonly sought. Below are the nonimmigrant visas that require sponsorship from an employer.
- H-1B visa – Person in Specialty Occupation;
- H-2A visa – Temporary Agricultural Workers;
- H-2B visa – Temporary Non-Agricultural Workers;
- L1 visas – Intercompany transfers going to the US due to specialized knowledge or to to take on managerial or executive positions;
- O-1A 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.
Immigrant Visas Employment Sponsorship
Immigrant visas and Green Cards also require employment sponsorship. One of the visa categories within this group is the Employment-Based Immigrant Visa. A significant number of visas in this group necessitate employment sponsorship.
- EB-1 Visa – Distinguished professors, researchers, and those with exceptional skills in the arts, science, business, athletics, or education are eligible, Additionally, executive managers who have been employed at a foreign branch of a US company for the last three years are also considered.
- EB-2 Visa – Those with higher education degrees and individuals demonstrating extraordinary abilities in the arts, sciences, or business.
- EB-3 Visa – Professionals who have at least 2 years of experience and possess higher education qualifications, as well as entry-level workers with less than 2 years of experience (EW-3 Visa).
- EB-4 Visa – Employees from diverse religious, governmental, or international institutions.
Certain visas, like the EB-1 visa, provides the option for self-petitioning, meaning that if you possess extraordinary skills, you can apply for the visa on your own behalf. You need to manage the submission of all necessary documents and pay the fees yourself. On the other hand, the EB-5 visa can only be obtained through self-petitioning.
How can I secure a sponsorship letter for a US visa?
As previously mentioned, obtaining a sponsorship employment visa necessitates having a job offer from a US employer. This offer will be documented through a contract that you must sign, which will then be part of the sponsorship materials.
For certain nonimmigrant visas, securing a Labor Certification from the Department of Labor is necessary. This certification involves the US employer showing that they could not locate a suitable US candidate and therefore must employ a foreign national.
Once the certification is obtained, the employer proceeds to file the petition, which should include all supporting materials, including contracts, itineraries, and the employee’s qualifications.
The documentation is then submitted to USCIS, In the case of nonimmigrant employment visa sponsorships, the employer must complete and submit Form I-129, Petition for Non-immigrant Worker to proceed with immigrant visa sponsorship, the employer must file Form I-140, Immigrant Petition for Alien Worker.
The USCIS website hosts these petitions along with their instructions, employers can follow these guidelines to complete the forms.
Given the ease with which mistakes can occur, many employers prefer to have a lawyer manage the completion of these forms, errors in the filing or submission process can lead to significant delays.
After receiving the petition and supporting documents, USCIS processes the case. Given the large number of petitions, the processing time may be longer than expected.
Employees might have to wait for several months or sometimes a year for employees to hear back from USCIS.
When a decision is made by USCIS, both the employer and the employee through a formal notice, If USCIS rejects the petition, the notice will outline the reasons, which may be due to the employee’s insufficient qualifications or the presence of inadequate documentation.
Upon approval of the petition, the notice will be positive and provide instructions for the employer and employee on how to proceed with obtaining the actual visa. Afterwards, they proceed with the application process tailored to their desired visa, with all proceedings handled at a US Embassy in the employee’s home country.
How Long Is a US Visa Sponsorship Effective?
The challenging phase involves securing both the sponsorship and visa. Once you have the visa, you can focus on planning your travel. You can commence your work once you arrive in the US, However, if you hold a nonimmigrant work visa, it will have a temporary validity, meaning it will eventually expire.
How long a nonimmigrant work visa remains valid depends on the visa category. Some visas, like the H-1B, are valid for 3 years, whereas others may be valid for only 1 year. To prevent overstaying, you should verify the details of your visa.
When your visa is set to expire, it’s possible to obtain an extension. The employer may apply for renewed sponsorship with USCIS, which could allow for a visa extension. However, nonimmigrant visas have limited extension opportunities. In most instances, you can only obtain extensions up to two or three times.
Immigrant work visas, on the other hand, are permanent. Once granted, they lead to receiving a Green Card. With a Green Card, you enjoy a 10-year validity period and unlimited renewals. Additionally, you can apply for US citizenship after 5 years of living and working in the country.
What Is The Cost Of a Sponsor Visa?
The process of acquiring an employment visa sponsorship is not inexpensive, particularly for the US employer who is responsible for covering most of the expenses. Depending on the visa category, the cost of sponsoring a foreign worker can be several thousand dollars, which often makes employers hesitant due to the high expense.
While the exact fees depend on the visa category, a broad overview of the standard fees and their costs is detailed below:
- Form I-129 – $460
- Form I-140 – $700
- American Competitiveness and Workforce Improvement Act of 1998(ACWIA) – $750 or $1,500
- Fraud Prevention and Detection Fee – $500
- For employers with 50 or more employees and 50% of them are foreign – $4,000 or $4,500
Conclusion
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