Under US immigration law, there are various different classifications of work visa that will allow foreign citizens to undertake work on a time-limited basis in the United States. Some of those routes require the worker to be sponsored by a qualifying employer.

Finding sponsorship for a work visa in the USA can take time and persistence, but by targeting the right employers, leveraging your professional network, and preparing a strong application, you can significantly improve your chances of success.

In this guide, we look at the main US sponsored work visas and the ways you can look to obtain sponsorship.

 

What is Work Visa Sponsorship?

 

Work visa sponsorship in the USA is when a US employer agrees to hire a foreign worker and helps them obtain a visa to legally work in the country. The employer must verify that the role cannot be easily filled by an American worker and submit the necessary applications to the US government on behalf of the applicant. Common work visas that require sponsorship include the H-1B for skilled workers, L-1 for intracompany transfers, and the EB-3 for professionals and skilled workers.

One key consideration is that the employer takes on several responsibilities, such as covering certain fees and adhering to legal requirements for employment. The process can be lengthy, with limited visa availability, especially for categories like the H-1B, which is subject to an annual cap. Applicants must also meet specific educational and professional qualifications for the role.

Risks include the possibility of visa denial, job loss, or delays in processing, which can affect both the worker and the employer. There is also no guarantee of a pathway to permanent residency, so long-term planning may be necessary. Careful attention to the application process and legal obligations is essential for both parties.

 

Types of US Sponsored Work Visas

 

The US immigration system offers a number of work routes for foreign nationals to be sponsored under:

 

L1 Intra-Company Transfer visa

 

If you are already working for an international employer who has an affiliated US office, the Intra-Company Transfer visa will allow you to temporarily transfer to a parent, a branch, an affiliate or a subsidiary of the same company in the USA to undertake work in the same or similar role.

The Intra-Company Transfer visa, or L1 visa as it is officially known, can also be used for employees who are being sent to the United States to open a new office.

In either case, however, your US employer will need to file a petition on your behalf with USCIS before you can apply for your L1 visa, unless the company transfers multiple employees on a regular basis and, as such, already has a blanket petition in place.

To qualify for an L-1 visa, your role in the organisation must either be at managerial or executive level (L1A visa), or have some form of specialised knowledge about the products, procedures or management within your organisation (L1B visa), and be destined to a position in the States at a similar level. You must also have been employed with the company for 1 year within the 3 years preceding your visa application.

 

H1B Speciality Occupation visa

 

The Speciality Occupation visa, or H1B visa as it is otherwise known, is a non-immigrant work visa for graduate-level workers to undertake a role with a US employer in a speciality occupation requiring theoretical or technical expertise.

To be eligible for an H1B visa you will need a bachelor’s or higher degree, or equivalent thereof, relevant to the specialty occupation for which sponsorship is being sought. However, what constitutes a speciality occupation is not statutorily defined. It is for USCIS to determine whether the employment qualifies and whether you, as the prospective employee, are qualified to perform the necessary role.

Where you do not have a bachelor’s or higher degree you may be able to show degree equivalence through work experience and/or other qualifications. You must also be able to demonstrate that you are uniquely qualified for the position in question because of your field of study or work experience.

Prior to applying for an H1B visa, your prospective employer must file what’s known as a labor condition application with the Department of Labor, as well as an employment-based petition with USCIS.

 

O-1 Extraordinary Ability visa

 

If you meet the threshold for ‘exceptional talent’ or can demonstrate a record of extraordinary achievement in your professional field, you should consider either the Extraordinary Ability or Extraordinary Achievement visa, otherwise known as the O1 visa.

The Extraordinary Ability visa (O1A visa) is for individuals with an extraordinary ability in the sciences, education, business or athletics, while the Extraordinary Achievement visa (O1B visa) is for those with extraordinary achievement in the motion picture or television industry, as well as for those with extraordinary ability in the arts.

To qualify for an O1 visa you must demonstrate extraordinary ability by sustained national or international acclaim, and must be coming to the United States to continue work in this field. Extraordinary ability means you have achieved a level of expertise that indicate you are one of a small percentage who has risen to the very top of your field on a global scale.

To demonstrate extraordinary achievement, you have to possess a degree of skill and recognition substantially above that ordinarily encountered to the extent you are recognised as outstanding, notable or leading in the motion picture and/or television field.

Again, as with the L1 and H1B visas, to be able to apply for an O1 visa you will first need a US sponsor to petition to USCIS on your behalf.

 

How to Find Sponsorship for a Work Visa in the USA

 

Securing sponsorship for a work visa in the USA requires a strategic approach, thorough research, and a clear understanding of the requirements. Finding an employer willing to sponsor a visa can be challenging, but with the right steps, it is achievable.

 

Identify Visa-Friendly Employers

The first step is to target companies that have a history of sponsoring work visas. Certain industries, such as technology, engineering, finance, and healthcare, are more likely to sponsor foreign workers due to high demand for skilled labour. Researching companies on platforms like MyVisaJobs.com or using the US Department of Labor’s H-1B data can provide insights into which companies have sponsored visas in the past. Focusing your job search on these employers increases your chances of securing sponsorship.

 

Tailor Your Resume and Job Applications

When applying for positions, ensure your resume and cover letter highlight your skills and qualifications, specifically addressing the needs of US employers. It is important to emphasise how you can bring value to the company that a local candidate may not be able to offer. Clearly stating your willingness to relocate and your awareness of the sponsorship process can demonstrate your commitment to the role.

 

Leverage Networking and Professional Platforms

Networking can significantly increase your chances of finding a sponsor. Using platforms like LinkedIn to connect with professionals in your industry, attending job fairs, and joining industry-specific forums can open doors to potential employers. Personal recommendations and connections often play a major role in the hiring process, especially for international candidates.

 

Apply to US-Based Multinational Companies

Many multinational companies with offices in the US are more open to hiring international workers, as they are already familiar with visa processes. If you are currently working for a multinational company in your home country, inquire about the possibility of an internal transfer to a US office. L-1 visas are often used for intracompany transfers and can be an easier route than starting with an entirely new employer.

 

Use Recruitment Agencies Specialising in Visa Sponsorship

There are recruitment agencies that specialise in helping foreign workers find US-based employers willing to sponsor work visas. These agencies have established relationships with companies that frequently hire international talent. Partnering with such an agency can streamline the process, giving you access to exclusive job opportunities that may not be advertised publicly.

 

Consider Internship or Training Programs

If you are early in your career or a recent graduate, applying for internships or training programs in the US may increase your chances of securing sponsorship. Many employers who hire interns through programs like the J-1 visa are open to extending full-time offers and sponsoring H-1B visas after the training period. Starting in a temporary role can be a stepping stone to long-term sponsorship.

 

Prepare for the Sponsorship Process

Once you secure a job offer from a US employer willing to sponsor you, it is crucial to understand the sponsorship process. The employer will need to file a petition on your behalf, and you will need to provide the necessary documentation to support your application. It is advisable to consult with an immigration attorney to ensure that all paperwork is completed correctly and on time.

 

Starting work in the US

 

Having secured US sponsorship and, where necessary, had your petition approved by USCIS, you will then be required to file a visa application with the local US Embassy or Consulate in your country of residence. At this stage, you will also need to pay a non-refundable application fee and schedule an interview.

In the event that your application for a US work visa is successful following your interview, you will be allowed to travel to the United States to undertake work in the capacity for which permission was sought.
That said, the grant of a visa does not necessarily guarantee entry. Having a visa only indicates a consular officer has determined you are eligible to seek entry to the USA for that specific purpose. It remains at the discretion of immigration officials at the port of entry to determine your eligibility for admission into the country.

Having been admitted into the United States under a non-immigrant visa, save except where you are in breach of your visa conditions, you will be permitted to remain in the USA for a specified period of time.

In some cases, depending on the nature of your visa category, you may even be permitted to apply for lawful permanent residence, ie; a green card, allowing you to live and work in the USA on an indefinite basis.

 

Alternatives to Sponsored Work Visas

 

If sponsorship is not for you, there are alternative options to explore, such as coming to the United States to invest in or run your own business. However, as an entrepreneur you will either need established trade links with the USA or have a significant amount of capital to invest in a US enterprise.

The Treaty Trader and Treaty Investor visas, otherwise known as the E1 or E2 visas, are non-immigrant work visas for citizens of countries with which the US maintains a treaty of commerce and navigation.

Under the E1 Treaty Trader visa, you must be coming to the US to engage in substantial trade in either goods, money or services, principally between the USA and your treaty country, building on an existing trading relationship.

The total volume of your international trade should be principally with the United States, ie; over 50% of that trade. There is, however, no threshold applicable to the amount of trade that must take place, although generally there will be an emphasis on the volume of transactions over total monetary value.

Under the E1 visa you may also qualify as a senior employee in either an executive or supervisory position, or as someone that possesses the skills essential to the firm’s operation in the USA.
Under an E2 Treaty Investor visa you must be coming to the United States to develop and direct the operations of a bona fide enterprise in which you have invested, or are in the process of investing, a substantial amount of capital, or to work in the enterprise as an executive, supervisor or essentially skilled employee.

Although the investment amount is not statutorily defined, as a general guide you will need a minimum of US$100,000 to invest.

 

Summary

 

Work visa sponsorship in the USA allows foreign nationals to legally work for a US employer. Employers sponsor candidates by filing a petition with the US Citizenship and Immigration Services (USCIS), proving that the role cannot easily be filled by an American worker. Common visas requiring sponsorship include the H-1B for specialized occupations, the L1 for intracompany transfers, and the EB-3 for professionals and skilled workers.

One of the main considerations for applicants is that sponsorship is employer-driven. The process is often time-consuming, and visa availability, especially for categories like the H-1B, can be limited due to annual quotas. Applicants must meet the necessary qualifications, such as relevant degrees, work experience, and job skills that align with the visa requirements.

There are risks involved, including the possibility of visa denial or processing delays, which can impact the worker’s employment status. Additionally, visa sponsorship does not guarantee permanent residency, so workers may need to explore options for a Green Card if they wish to stay in the US long-term. Both the employer and the employee must carefully follow the legal requirements throughout the sponsorship process to ensure compliance and a successful application outcome.

 

Need Assistance?

NNU Immigration are US visa specialists. We provide advice and guidance on the visa options to work in the US, including sponsored and unsponsored routes. While we cannot help with finding employment in the US, we can assist with you and your employer/sponsor with the US visa application. Contact us for advice.

 

US Work Visa Sponsorship FAQs

 

What is work visa sponsorship?

Work visa sponsorship is when a US employer files a petition on behalf of a foreign worker, allowing them to legally work in the United States. The employer must demonstrate that the foreign worker is qualified and that there are no available US workers for the role.

 

Which visas require sponsorship in the US?

Common work visas that require sponsorship include the H-1B visa for specialized occupations, the L1 visa for intracompany transfers, and the EB-3 visa for professionals and skilled workers.

 

Can I apply for a US work visa without sponsorship?

Most US work visas require sponsorship from an employer. However, certain categories like the O-1 visa for individuals with extraordinary abilities or the E-2 visa for investors may not require traditional employer sponsorship.

 

How long does the visa sponsorship process take?

The timeline can vary depending on the type of visa. For example, H-1B visa processing can take several months due to the annual cap and lottery system, while L1 visas may be processed more quickly. Premium processing is available for certain visas to expedite the timeline.

 

Does work visa sponsorship lead to a Green Card?

Work visa sponsorship does not automatically lead to permanent residency. However, certain visa types, like the EB-3 or L1A, can provide a pathway to a Green Card if specific requirements are met.

 

Who pays the fees for visa sponsorship?

Generally, the employer covers the costs associated with visa sponsorship, including filing fees and legal expenses. Some fees, such as premium processing, may be paid by either the employer or the employee depending on the agreement.

 

What happens if my employment ends while on a sponsored visa?

If your employment ends, your visa status may be affected, and you may need to leave the US unless you can find another employer to sponsor your visa or change your visa status. There is often a grace period that allows time for transitioning.

 

Glossary

 

Term	Definition
Work Visa Sponsorship	A process where a US employer files a petition to allow a foreign worker to legally work in the US.
H-1B Visa	A non-immigrant visa for specialized occupations, typically in fields such as technology, engineering, and finance.
L1 Visa	A visa for intracompany transfers, allowing employees of a multinational company to work at a US office.
EB-3 Visa	An employment-based immigrant visa for professionals, skilled workers, and other workers, providing a pathway to permanent residency.
USCIS	US Citizenship and Immigration Services, the agency responsible for processing visa petitions and overseeing immigration applications.
Petition	A formal application submitted by an employer to USCIS to request a work visa for a foreign worker.
Quota	A limit on the number of certain types of visas, such as the H-1B visa, issued annually by the US government.
Green Card	A permanent residency card that allows foreign nationals to live and work in the US indefinitely.
Labor Certification (PERM)	A process that employers must undergo for certain work visas, proving that no qualified US workers are available for the position.
Specialized Occupation	A job that requires advanced knowledge and skills, typically requiring a bachelor’s degree or higher, often a requirement for H-1B visas.
Non-Immigrant Visa	A visa category that allows foreign nationals to temporarily enter the US for work, study, or travel, without providing a direct path to permanent residency.
Permanent Residency	The status of being a lawful permanent resident (Green Card holder), allowing a person to live and work in the US indefinitely.