Visa Sponsorship: Everything you need to know
This guide is here to help you understand the different types of visa sponsorships, explore which visas need employer support, show you how to find jobs that offer visa sponsorship, and answer common questions.
By:
Chelsea Spinos
Reviewer:
Simon Craven, Esq.
13 min read • June 21, 2024
Key takeaways
Visa sponsorship is when an individual, company, or organization in the United States assists a foreign national in obtaining a visa or green card, allowing them to live and work in the country.
There are three types of visa sponsorship: family-based sponsorship, employment-based sponsorship, and humanitarian financial sponsorship.
Getting visa sponsorship for a U.S. work visa involves finding an employer in the United States willing to hire you and sponsor your visa application.
Depending on the visa type, there are different requirements a job must meet to qualify for visa sponsorship.
Manifest Law has a team of immigration lawyers who have experience helping people obtain visa sponsorship. Book a free consultation to learn about your visa options.
Living and working in the United States - it's the dream for countless people around the world seeking new opportunities. But actually making it happen? That's where things can get complicated.
If you've ever found yourself wondering "How can I get sponsorship to work in the U.S.?" or "Is there any way I can legally live in America?", then this is the visa sponsorship guide you need.
In this guide, we'll cover the different types of visa sponsorships, the various visas that require employer sponsorship, how to find jobs that offer visa sponsorship, and answer frequently asked questions to help you navigate the process.
Visa sponsorship is when someone, a company, or an organization in the United States helps a foreign national get a visa or green card to live and work in the country.
The sponsor supports the visa application by providing the necessary paperwork to the U.S. government and takes on responsibilities to ensure the individual follows U.S. immigration laws.
For employers, sponsoring a visa means committing to hire a foreign national and assisting them in getting the legal permission to work in the United States. This process typically involves submitting forms and documents to prove that the job can't be filled by a U.S. worker and that the foreign national is qualified for the position.
Family-based sponsorship
Requirements
The person sponsoring must be a U.S. citizen or a green card holder.
The family member being sponsored must be a spouse, parent, child, or sibling of the sponsor (depending on the sponsor's status).
The sponsor needs to prove they can financially support the family member they're sponsoring.
The family member being sponsored must meet certain requirements, pass medical checks, and have no disqualifying criminal record.
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How it works
File Petition (Form I-130): The U.S. citizen or green card holder family member files a petition (Form I-130) with the United States Citizenship and Immigration Services (USCIS) to show the family relationship.
Wait for Approval: After submitting the petition, the USCIS reviews it. Once approved, the case goes to the National Visa Center (NVC).
NVC Processing: The NVC processes the case, assigns a case number, and asks for necessary documents from both the sponsor and the sponsored family member.
Interview and Visa Processing: Once all documents are received and processed, the sponsored family member attends an interview at the U.S. embassy or consulate in their home country. If approved, they get an immigrant visa to enter the United States.
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Employment-based sponsorship
Requirements
The employer must offer a job that can't be filled by a U.S. worker.
The person being sponsored must have the skills and qualifications needed for the job.
The employer must meet legal and financial requirements, including paying the prevailing wage and following labor laws.
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How it works
Labor Certification (if needed): Sometimes, the employer must get a labor certification from the Department of Labor (DOL) to show no qualified U.S. workers are available for the job.
File Petition (Form I-129): The employer files a petition (Form I-129) with the USCIS for the foreign worker.
Wait for Approval: USCIS reviews the petition. If approved, and if the worker is outside the U.S., the case goes to the NVC.
NVC Processing (for consular processing): The NVC processes the case, schedules an interview at the U.S. embassy or consulate in the worker's home country.
Adjustment of Status (if needed): If the worker is already in the U.S., they may apply for a green card after USCIS approves the petition.
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Humanitarian Financial sponsorship
Supported Programs
Uniting for Ukraine Program: This program allows for the sponsorship of Ukrainian refugees who are seeking to come to the United States.
Humanitarian Parole Program for Cubans, Haitians, Nicaraguans, and Venezuelans: This program allows sponsorship for people from Cuba, Haiti, Nicaragua, and Venezuela who are seeking humanitarian parole in the United States.
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Requirements
The sponsor must be able to prove they have the financial means to support the person or family they're sponsoring.
Financial resources can include personal income, assets, or other forms of support.
The sponsor must be willing to take on the financial responsibility for the person or family during their stay in the United States.
Manifest Law©️. Learn more on www.manifestlaw.com
How it works
Show Financial Ability: The sponsor needs to provide proof of their financial ability to support the person or family they're sponsoring. This might include income statements, documents showing assets, or other financial records.
Commit to Financial Support: The sponsor promises to provide financial support to cover the living expenses of the person or family they're sponsoring while they're in the United States.
Submit Documents: The sponsor sends all the necessary financial documents along with the application for the humanitarian program.
Approval and Visa Issuance: Once approved, the person or family being sponsored gets the necessary paperwork to come to the United States under the specific humanitarian program.
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Requirements
You must have a job offer from a US employer
Your job must be in a field that is included on the list of eligible occupations for work visas
You must have the required education and/or work experience for the job
You must be able to prove that you will return to your home country after your work visa expires
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Book a free consultation with Manifest Law and learn more about your options.
H1B Visa
L1 Visa
O1 Visa
E3 Visa
EB1 Visa
EB2 Visa
EB3 Visa
EB4 Visa
EB5 Visa
Employment-based visa sponsorship process
Visa type
H1B visa
L1 visa
O visa
R visa
TN visa
K1 visa
EB5 visa
EB3 visa
EB2 visa
EB1 visa
Family-based Immigration
Form required
Form I-129 Petition for a Nonimmigrant Worker
Form I-129 Petition for a Nonimmigrant Worker
Form I-129 Petition for a Nonimmigrant Worker
Form I-129 Petition for a Nonimmigrant Worker
Form I-129 Petition for a Nonimmigrant Worker
Form I-129F Petition for Alien Fiancé(e)
Form I-526 Immigrant Petition by Alien Investor
Form I-140 Immigrant Petition for Alien Worker
Form I-140 Immigrant Petition for Alien Worker
Form I-140 Immigrant Petition for Alien Worker
Form I-130 Petition for Alien Relative
Manifest Law©️. Learn more on www.manifestlaw.com
Online job portals
Company career pages
Recruitment agencies
What is a sponsorship letter?
What’s included in the sponsorship letter?
Fee type
Petition fee
Application fee
American Competitiveness and Workforce Improvement Act charges
Fraud Prevention and Detection fee
Additional fee for companies with more than 50 employees, where half are foreign nationals:
Cost
$460
$190
$750 to $1,500
$500
$4000
Can I get a US work visa without visa sponsorship?
How much money do you need to sponsor someone in USA?
Can I sponsor a non-family member?
How do I find an employer to sponsor me in the USA?
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