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How can an employer sponsor a foreign worker in the US?


An employer can sponsor a foreign worker in the U.S. by following these three steps:

  1. Verifying Eligibility
  2. Department of Labor Approval
  3. Government Filing

Learn more about each of these three steps below.

Step  1: Verifying Eligibility 

Employers should determine if the foreign worker qualifies for sponsorship in their visa category. To do this, employers should: 

  • Review the qualifications and criteria for the H-1B, L-1 and O-1 categories. 
  • Determine if the foreign worker meets the eligibility requirements for sponsorship in the chosen visa category.

Step 2: Department of Labor Approval

In most cases, approval from the U.S. Department of Labor (DOL) regarding Permanent Labor Certification is required before filing Form I-140, although some categories like EB-1 may be exempt.

Step 3: Government Filing:

Once DOL approval is secured, employers must file a petition with U.S. Citizenship and Immigration Services (USCIS) using Form I-140, “Petition for Alien Worker,” together with any required supporting documentation.

The Waiting Period

The final stage involves review, attending interviews, and receiving the visa approval. USCIS will review the petition and supporting documents to determine if the foreign worker is eligible. This may include background checks, reviewing the employer’s compliance with immigration rules, asking the foreign worker to attend interviews or provide additional information and documents if needed, and finally, receiving the visa approval and authorization for the foreign worker to work in the U.S. under the employer-sponsored visa.

Answered by a Boundless Immigration Expert

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