Do I Need an Employer to Sponsor Me for an Employment Visa?

An employment visa allows an eligible person to live and work in the United States on a temporary basis. In most cases, an employer will need to sponsor a worker for the visa. Indeed, with limited exceptions, you generally cannot self petition for an employment visa. You will generally need an employer to sponsor the petition. Here, our Virginia employment immigration attorney explains the key things to know about sponsorship.

Most Temporary Employment Visas Require a U.S. Petitioner

Most temporary employment visa categories require a U.S. employer to file a petition with United States Citizenship and Immigration Services before the foreign worker can obtain the visa or change status. Form I-129 is used for many major nonimmigrant worker categories, including H-1B, H-2A, H-2B, L-1, O-1, P, Q, and R classifications. In these cases, the worker is generally the beneficiary, not the petitioner. That distinction matters. It means that the employer must establish that the offered position fits the visa classification, that the worker meets the qualifications, and that the employment terms comply with the rules for that category.

Sponsorship Means More Than Offering a Job

It is important to emphasize that a job offer alone is not always enough. Indeed, that you have received a job offer from a company with a position available in the United States does not mean that you will automatically qualify for an employment visa. There are additional requirements.

Among other things, your prospective employer must submit a legally sufficient petition packet. Depending on the category, that may include evidence of the job duties, wage level, worksites, corporate relationship, temporary need, labor certification, professional credentials, licensing, itinerary, or extraordinary ability.

Some Categories Use Agents or More Flexible Petition Structures 

A few employment visa categories have more flexible filing structures, but they still usually require a petitioner. O-1 workers, for example, cannot self-petition. However, an O-1 petition may be filed by a U.S. employer, a U.S. agent, or a foreign employer through a U.S. agent. That structure can help artists, entrepreneurs, researchers, consultants, athletes, and other highly accomplished professionals who work on multiple projects or for multiple clients. If you have any questions about these types of visa, an experienced Virginia employment immigration lawyer can help.

Self-Petition Options Are More Common in Permanent Immigration

Self-petitioning is more common in employment-based green card cases than in temporary employment visas. Certain EB-1 extraordinary ability applicants may self-petition. EB-2 National Interest Waiver applicants may also self-petition when they can show that waiving the job offer and labor certification requirement would benefit the United States. If you have any questions or concerns about self-petitioning, a top Virginia employment attorney can help.

Consult With Our Virginia Employment Visa Lawyer Today

At Escobar Law Offices, our Virginia employment visa attorney has the experience that you can rely on. Have questions or concerns about employment visas? Please do not hesitate to contact us today for a completely confidential, no obligation case review. Our firm handles employment immigration matters throughout Northern Virginia.

Source:

uscis.gov/i-129