Across New Jersey, employers often depend on skilled foreign workers to handle specialized roles. Sponsoring an employee to work in the United States is a complex legal process that requires employer participation and compliance with federal law. Please continue reading to learn how to sponsor an employee for a U.S. work visa and how a qualified Middlesex County, New Jersey Business Immigration Lawyer can help you navigate this complex process.
What Does It Mean to Sponsor an Employee for a U.S. Work Visa?
To sponsor an employee for a United States work visa, you’ll need to offer a legitimate employment opportunity, file necessary petitions, and ensure compliance with federal requirements.
As the employer, it is ultimately your responsibility to begin and oversee the immigration process on behalf of your employee.
Important Concepts for Employers
- As the employer, you are the legal petitioner for the case
- Employers are legally responsible for maintaining the visa
- The job must comply with wage, education, and skill requirements
- Sponsorship establishes legal and financial responsibilities
- Employer filings are often closely examined by government agencies
Who Is Eligible to Sponsor a Foreign Worker?
Before beginning the application process, it’s important to ensure that, as a New Jersey employer, you meet the eligibility requirements set forth by the United States Citizenship and Immigration Services (USCIS). To be eligible to sponsor an immigrant for work, you must:
- Be 18 years or older
- Be a U.S. citizen or green card holder (lawful permanent resident)
- Reside in the U.S. or one of its territories
- Meet the minimum income requirements
- Provide proof of intent to maintain an employer-employee relationship upon their arrival in the U.S.
- Comply with federal labor, wage, and bookkeeping laws
What Types of Work Visas Can Employers Sponsor in New Jersey?
It’s important to ensure that you choose the appropriate visa based on temporary or eventual permanent residence. This is generally considered the most important step in the process.
Permanent Employment-Based Work Visas
Permanent sponsorship provides the employee with the avenue to pursue lawful permanent residence in the United States through a green card. Common visas that fall into this category include:
- EB-1 visas for those with extraordinary abilities, researchers, or multinational executives
- EB-2 visas for those with advanced degrees
- EB-3 visas for skilled workers and other qualified professionals
Temporary Employment-Based Work Visas
Temporary visas allow employers to hire foreign workers for a designated period of time and specific role. Common examples of temporary visas include:
- H-1B visas for those in specialty occupations
- L-1A and L-1B visas for intracompany transfers
- O-1 for individuals with certain extraordinary abilities
It is imperative to understand that a temporary visa is not intended to lead to permanent residence, and has strict requirements for wage reporting and compliance for employers.
How Does the Employer Sponsorship Process Work?
It’s necessary to understand that seeking entry into the country on behalf of an employee is a complicated legal process that often involves multiple government agencies. Completing each step of the process correctly and accurately is critical to avoiding costly delays or the denial of your application.
Step 1. Identify the Correct Visa Category
As mentioned, determining what visa category your employee falls into is critical. As such, you must evaluate:
- If the job is temporary or permanent
- The level of education and experience necessary for the position
- If the employee meets certain visa-specific requirements
Step 2. Obtain Labor Certification If Required
Next, you will need to file a labor certification application with the U.S. Department of Labor (DOL) regarding Permanent Labor Certification (PERM). This is generally required before filing Form I-140. The PERM process requires employers to:
- Meet domestic advertising requirements at the prevailing wage
- Show that no qualified U.S. workers are eligible or available to fill the position
- Document recruitment efforts in accordance with federal law
Step 3. File the Immigration Petition
Once your Permanent Labor Certification has been approved by the DOL, a skilled attorney can help you file the relevant USCIS forms. In most instances, employers will file one of the following forms:
- Form I-140, Immigrant Petition for Alien Worker
- Form I-129, Petition for a Nonimmigrant Worker
Step 4. Complete Visa Processing or Adjustment of Status
From here, if the foreign national is already legally residing in the U.S., they may be eligible to apply to adjust their status to permanent residents. If they are outside of the United States, they must complete consular processing at their local embassy or consulate before entering the country.
What Ongoing Responsibilities Do Employers Have After Sponsorship?
It’s important for New Jersey employers looking to hire foreign-born workers to understand that their obligation and compliance with federal laws does not end once the worker has been approved. There are a number of ongoing legal requirements that must be met.
Employer Compliance Requirements
- Pay wage listed in the petition
- Maintain accurate and complete payroll records
- Inform USCIS of any changes to job responsibilities, wage, or location
- Ensure compliance with file requirements for H-1B workers
- Ensure the employee only performs authorized duties
Contact an Experienced New Jersey Immigration Attorney
If you are interested in sponsoring an employee for permanent residence, please don’t hesitate to contact an experienced lawyer from the Law Office of Aditya Surti, LLC, who can help guide you throughout the process to give you and your worker the best chance possible of being approved. Connect with our firm today to learn what we can do for you during this confusing time.