Sponsor an Employee

If you want to hire a worker who is not a United States citizen, then you will need to sponsor that person. You can sponsor workers for permanent residence (a “green card”) or for a temporary period of time. The most popular temporary visa is an H-1B visa, which allows qualified employees to stay in the United States for up to six years. To begin the sponsorship process, you should get relevant forms from the Department of Labor. As sponsorship is a complicated process, the assistance of an attorney is advised.

Steps

Understanding Permanent Residence

1. Learn about “green cards.” A green card authorizes a non-citizen to live and work in the United States provided they have a permanent job offer. Also, foreign nationals already in the country can be sponsored so that they will be allowed to remain in the U.S.
   • A green card can take a considerable amount of time to get. If you are an employer and you want to get an employee to the States quickly, then you might want to skip trying to help the employee get permanent legal residence. Instead, you might think about applying to sponsor an H-1B visa instead.
2. Identify the preference categories. There are four employment based (“EB”) visa categories. Each has different requirements, but the worker you want to sponsor for permanent residence must fit into one of the four preference categories:
   • EB-1. Priority Workers. These aliens have extraordinary skill in the arts, sciences, education, business, or sports. Often, these workers are multinational executives or outstanding professors and researchers.
   • EB-2. Professionals with Advanced Degrees/Exceptional Ability. These workers would substantially benefit the U.S. economy because of their exceptional ability in the arts, sciences, or business. This category also includes aliens with advanced degrees.
   • EB-3. Professional or Skilled workers. Aliens who have a bachelor’s degree or who can perform labor (skilled or unskilled) for which there are not enough qualified workers available in the U.S.
   • EB-4. Special Immigrants. This category encompasses religious workers and people who work in the Panama Canal Zone.
3. Meet with an immigration attorney. A qualified immigration lawyer can make the sponsorship process easier for you by answering any questions and acting as the liaison with the United States Citizenship and Immigration Services (USCIS). Because the sponsorship process is complicated, you would benefit greatly from hiring a lawyer.
   • To find a qualified immigration attorney, you should contact your state’s bar association, which should run a referral program. You should request referrals for immigration attorneys and briefly explain that you are an employer seeking to sponsor an employee.
   • For more information, see Find an Immigration Lawyer.

Sponsoring an Employee for Permanent Residence

1. Contact the Department of Labor (DOL). You will need to get an Application for Permanent Labor Certification (Form ETA 9089) from the DOL. The purpose of this application is to allow the DOL to certify that there are not sufficient qualified workers in the U.S. able and willing to accept the job opportunity. The DOL must also certify that the wages and working conditions of U.S. workers will not be negatively affected.
   • You can download ETA Form 9089 at http://www.foreignlaborcert.doleta.gov/pdf/eta_form_9089_pec.pdf. If you have questions about filling it out, then call the DOL at (404) 893-0101.
   • The form can be mailed to the U.S. Department of Labor, Employment and Training Administration, Office of Foreign Labor Certification, Atlanta National Processing Center, Harris Tower, 233 Peachtree Street, Suite 410, Atlanta, GA 30303.
2. Complete Form I-140. After the DOL has approved the labor certification, then you need to complete and file an Immigrant Petition for Alien Worker, which is Form I-140. You can download the form and the instructions from the USCIS webpage at http://www.uscis.gov/i-140.
   • Type or print the requested information in black ink. If you need extra space, then provide the additional information on a piece of paper. Be sure to sign and date the paper.
3. Gather supporting evidence. The instructions contain detailed lists of evidence you need to show that the alien has the necessary qualifications. You should ask the employee for the necessary evidence because it must be submitted in your petition.
   • For example, if you are trying to sponsor an EB-1 Priority Worker, then you would need evidence of “extraordinary ability.” This could take many forms, such as evidence of a major international award (e.g., Nobel Prize) or evidence of lesser national awards for excellence. You might also provide evidence of original scholarship and publication.
   • For examples of acceptable evidence, see the instructions to Form I-140.
4. Pay fees. You must pay a $580 filing fee. You can pay with check or money order. Make payments out to “U.S. Department of Homeland Security.” Do not use abbreviations.
5. Mail the application. Call 1-800-375-5283 to check where you should mail the application packet. Always be sure to keep a copy for your records.

Sponsoring an H-1B Visa

1. Understand H-1B visas. An H-1B visa does not grant the holder permanent residence status. Instead, the visa is good for up to six years.
   • The U.S. government makes only 65,000 H-1B visas available each year (starting April 1st). An additional 20,000 H-1B visas are made available for people with advanced degrees.
   • The employee must hold a position that requires a bachelor’s degree or equivalent in the field.
2. Check if you can sponsor. You can only act as a sponsor for an H-1B visa if you are the employee’s current employer. This is a key difference from sponsoring an employee for a green card. With a green card, you can sponsor a prospective employee.
3. Get evidence of the employee’s education. You need to show USCIS proof of the employee’s educational background. Get a copy of his or her diploma or, if no degree has yet been awarded, then a copy of the final transcript.
   • A letter from the registrar stating that all degree requirements have been satisfied is also acceptable.
4. Gather relevant information. You will need various information as you complete the required paperwork. You should try to pull all of this information together before tackling the forms, as things will go smoother if you are not scrambling to find information. Find the following:
   • job title and standard occupational classification number, as well as start date and end date
   • the job’s rate of pay
   • your employer information, including legal business name, DBA, location, and Federal Employer Identification Number
   • your attorney or agent’s contact information
   • your employer point of contact (the employee who will talk to USCIS about the application)
   • the address of where the employee will work
   • personal information on the employee, including name, date of birth, gender, and country/province of birth
   • if the employee is already in the United States, then the date of last arrival, as well as the dates the employee’s passport was issued and expires
   • the employee’s current residence
5. File a Labor Condition Application (LCA). You need to submit the LCA to the Department of Labor and you must submit electronically at http://www.foreignlaborcert.doleta.gov/. Under the “I Want to…” box, select “File an LCA or Prevailing Wage Request.” Click “Go.”
   • You will need to create a Portal Account in order to upload the LCA. Click on the “Create Your Portal Account Today” hyperlink. You will then create an Employer Account.
   • To create the account, enter contact information (name, phone number, email) and answer a security question. If at any point you have questions, call (312) 353-8100 or email LCA.Chicago@dol.gov.
   • You cannot submit the LCA more than six months before the start date of employment. Plan accordingly.
   • The LCA is reviewed within seven working days to make sure that it is complete and accurate.
6. Get an H-1B application. After your LCA is approved, you should get an application, which is Form I-129, Petition for a Nonimmigrant Worker. You can download the form at http://www.uscis.gov/sites/default/files/files/form/i-129.pdf.
   • You should also download the instructions, available at http://www.uscis.gov/sites/default/files/files/form/i-129instr.pdf.
   • Print the requested information legibly in black ink. You may also type the information. If a question does not apply to your situation, then type “N/A.”
7. Pay applicable fees. You need to pay a base filing fee of $325 for the petition. You will also have to pay an additional fee of either $1,500 or $750. You may also have to pay a $500 fraud protection fee.
   • The fee structure is complicated. Although it is spelled out in detail in the instructions, you still should take your completed petition to a lawyer to discuss what fees you must pay.
8. Mail the form. To find the correct address, call the Customer Service Center at 1-800-375-5283.
   • Keep a completed copy of the form for your records.

Tips

• There are many sponsorship programs for foreign workers. If you want to hire someone but the employee doesn’t fit neatly into either permanent or H-1B status, then meet with a qualified immigration attorney to discuss your options.

References

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