How to Sponsor an Immigrant for Work: Step by Step Instructions (2024)

5 Steps: How to sponsor a work visa for an Immigrant

While the process of sponsoring an immigrant is similar whether you’re sponsoring a friend, family member, or employee, there are some specific considerations for employment-based sponsorships.

1) Determine if your employee qualifies

You must determine whether or not your employee maintains the necessary qualifications before filing your petition.

2) Get approval from the Department of Labor

In the majority of cases, approval from the US Department of Labor (DOL) regarding Permanent Labor Certification is required prior to filing Form I-140. However, if your employee falls under the category of EB-1, you may be exempt from this step.

3) File the relevant petitions and forms

Once your Permanent Labor Certification has been approved by the DOL, you will need to file a petition with USCIS. In most cases, the correct form for employment-based sponsorships is Form I-140, Petition for Alien Worker. As the petitioner, you can choose to do this electronically or by paper mail.

Depending on the details of your situation, you may need to submit additional supporting documentation. Some (but not all) employment-based visa applications require you to fill out and file Form I-864, Affidavit of Support in order to accept financial responsibility for the foreign national whom you’re sponsoring.

4)The employee applies for their visa

In some cases, if a foreign national is currently legally residing in the US, they may be eligible to file an application to adjust their status to “permanent resident.” However, in general they will be placed on the visa waiting list. Wait times can vary substantially depending on your specific situation.

5) Wait for review and approval by the NVC

Once your current or prospective employee reaches the front of the waiting list, the US Department of State will contact them and invite them to apply for an immigrant visa. Their case will be reviewed by the National Visa Center (NVC), and you can refer to the NVC Timeframes page at any time to see which cases are currently being reviewed.

How to Sponsor an Immigrant for Work: Step by Step Instructions (2024)

FAQs

How to Sponsor an Immigrant for Work: Step by Step Instructions? ›

First, your employer is required to get an approved Labor Certification from the United States Department of Labor (DOL). Second, your employer must file an immigrant petition on your behalf (Form I-140). Third, you are required to either adjust status (Form I-485) or apply for your immigrant visa (Form DS-260).

What are the steps to sponsor an immigrant? ›

How to Sponsor an Immigrant
  1. Step 1: File a petition. ...
  2. Step 2: Pay the necessary fees. ...
  3. Step 3: File an Affidavit of Support. ...
  4. Step 4: Provide supporting documents. ...
  5. Step 5: Wait for the applicant interview to take place. ...
  6. Step 6: Wait for approval or denial.

What does an employer need to do to sponsor an immigrant? ›

First, your employer is required to get an approved Labor Certification from the United States Department of Labor (DOL). Second, your employer must file an immigrant petition on your behalf (Form I-140). Third, you are required to either adjust status (Form I-485) or apply for your immigrant visa (Form DS-260).

How much money do I need to sponsor an immigrant? ›

Minimum Annual Income For Non-Military Sponsors in 2022
Sponsor's Household Size (by number of people, including sponsor and spouse)Sponsors in the 48 continental states, D.C., and U.S. territoriesSponsors in Hawaii
2$22,887$26,325
3$28,787$33,112
4$34,687$39,900
5$39,900$46,687
3 more rows

How is the sponsorship process? ›

Process. To sponsor a family member, the U.S. citizen or lawful permanent resident must file a petition on their behalf. The specific form required depends on the relationship with the beneficiary, but some of the most common forms are Form I-130 (Petition for Alien Relative) and Form I-864 (Affidavit of Support).

What are the requirements to sponsor? ›

You must also:
  • Be U.S. citizen or national or a permanent resident.
  • Be at least 18 years of age.
  • Be domiciled (live) in the United States.
  • Meet all of the financial requirements of a sponsor pursuant to INA 213A.
Mar 19, 2021

What is needed to sponsor someone? ›

To sponsor your family member, submit a United States Citizenship and Immigration Services (USCIS) Form I-130. Each person you sponsor needs a separate Form I-130. You can submit the form online or by mail.

Can I sponsor someone to work for me? ›

Sponsoring a foreign worker involves initiating and supporting the visa application process, providing a job offer, filing the necessary applications and petitions, and fulfilling legal obligations to enable foreign workers to legally work in a country.

How much does it cost a company to sponsor a work visa? ›

Companies can expect to pay between $2,000 and $5,000 per petition, depending on the case's complexity. Filing Fees: U.S. Citizenship and Immigration Services (USCIS) charges filing fees for nonimmigrant visa petitions.

How much does sponsorship cost? ›

The most common fees for nonimmigrant work visa sponsorship are: Petition fee: $460. Application fee: $190. American Competitiveness and Workforce Improvement Act charges: $750 to $1,500.

How long are you financially responsible for someone you sponsor? ›

The sponsor's financial responsibility usually lasts until the applicant either becomes a U.S. citizen, or can be credited with 40 qualifying quarters of work (usually 10 years) under the Social Security Act.

How do you financially sponsor an immigrant? ›

The sponsor will need to file Form I-864P, which is used to determine the minimum income requirement needed to file Form I-864 (the Affidavit of Support). The financial sponsor can also use assets (not just income) to meet these requirements. Assets include cash, stocks and bonds, and property (for example, a home).

Do you have to pay money to sponsor someone? ›

These are the direct costs you should expect when sponsoring an immigrant: Filing fees for all necessary forms (check the filing costs with the USCIS fee calculator) Required medical exam fees if the person you're sponsoring needs help covering the cost. Immigrant visa processing fees and special services.

Who pays for sponsorship? ›

A sponsor must pay the following visa sponsorship costs: cost of becoming a sponsor; nomination charges; and. migration agent costs associated with sponsorship and nomination applications.

How long is the process to sponsor an immigrant? ›

The Foreign-Worker Sponsorship Timeline

This can take anywhere from six months to several years to complete. Obtaining approval from U.S. Citizenship and Immigration Services (USCIS) of an I-140 petition on behalf of the foreign worker.

How much does it cost to sponsor an employee in the US? ›

It costs approximately $4000 to sponsor a work visa but may cost $8,000-9,000 if a company has more than fifty employees and 50% of those employees are foreign nationals.

How much does it cost to sponsor an immigrant in the US? ›

Financially sponsoring an immigrant doesn't involve specific fees or costs. You must file an affidavit of support (Form I-864), which is free to file. However, many sponsors elect to pay for the costs of the immigration process as well. These costs can range from around $1,000 up to $2,000.

What documents are needed to sponsor an immigrant? ›

Joint sponsors must submit the following three documents: 1) USCIS Form I-864 2) Most recent federal income tax return: IRS-generated transcript (preferred) or Form 1040 3) Proof of legal status in the United States (i.e. a copy of their U.S. passport, permanent resident card, or naturalization certificate).

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