How to Sponsor a Foreign Worker for a US Work Visa

You have the ideal candidate for a role, but there’s just one problem — they’re based outside the US. Your next step is to understand the different types of US work visas, eligibility requirements, and application forms to bring them over.

But the US visa system can be challenging, especially for first-time sponsors, due to its complex and ever-changing policies.

Employers have two possible options: Invest resources into understanding US visa processes and become a sponsor. Or outsource to an immigration service like Deel that specializes in US visas and has successfully relocated thousands of foreign workers.

Here’s what the US visa process looks like when you take the DIY route, with insights into how Deel Immigration can simplify each step.

1. Establish a legal entity in the US

Before you can sponsor anyone to work in the United States, you need a legal presence in the US. US Citizenship and Immigration Services (USCIS) requires sponsors to be US-based businesses in good standing.

This typically involves choosing a business structure, registering with a state government, and obtaining an Employer Identification Number (EIN) from the IRS. You also need a US business address and a designated representative within the country.

Beyond registration, your business must also demonstrate that it’s operational, financially stable, and capable of employing the sponsored worker. This may include having a business bank account, basic staffing, and documentation of your operations.

2. Identify the appropriate visa category and check eligibility criteria

The second step is to identify the appropriate visa category for the foreign national. There are many different types of visas, each with its own requirements. Some of the most common types of work visas in the US include:

• H-1B visa: For specialty occupations that require a bachelor’s degree or higher in a related field
• L-1 visa: For employees of multinational companies who are transferring to a US office
• O-1 visa: For individuals with extraordinary ability in the arts, sciences, education, business, or athletics
  E-2 visa: For investors or entrepreneurs from treaty countries of the US

You can use the Visa Wizard on the US Department of State website to determine which temporary work visa is right for the employee, or consult with the Deel immigration team to check visa requirements.

Deel’s platform has a built-in visa eligibility checker so you can ensure the new hire meets the visa requirements before proceeding with creating their employment contract. Just answer a few questions about the worker, and we will send you an indication within minutes.

3. File a petition with USCIS

Once you have identified the appropriate visa category for the employee, you can file a petition with USCIS to sponsor the foreign worker for a work visa.

For most employment-based nonimmigrant visa categories, the employer starts the process by filing Form I-129 with USCIS. The petition must include documentation of the job offer, the worker’s qualifications, and the employee’s biographical information. You can find filing instructions on the USCIS website.

Note: Some temporary worker visa categories require the employer to obtain labor certification or other approval from the Department of Labor before filing the petition for a nonimmigrant worker, Form I-129, with USCIS. Deel can help you review the instructions for Form I-129 on the USCIS website to determine whether a labor certification is required.

The sponsoring company pays the application fee for most work visas. The petition application fee varies depending on the type of visa you are applying for. You can check fees here.

4. Await the foreign worker to submit a visa application and attend their interview

The next step is applying for the work visa. If the USCIS approves the petition, the foreign worker can apply for a visa stamp at a US consulate or embassy in their home country.

The worker must submit a DS-160 visa application form by creating an account on the US Department of State website, submitting a copy of their valid passport and other supporting documents, and paying any associated application fee.

Once approved, the worker can schedule a visa interview at the US embassy or consulate in the country where they are applying for their visa. The consular officer will determine whether the worker is qualified to receive the visa stamp and travel to America under US immigration law.

5. Welcome your new employee to the US

Once the visa is approved, the foreign worker will receive their travel documents and can travel to the USA to work in the sponsored position. You will need to retain a copy of the employee’s work authorization in case the authorities audit you.

Prospective employers can ensure a smooth transition by preparing for other aspects of relocation. Deel can support you with the following through their range of features and services:

• Compliant US payroll and tax management
• Benefits enrollment
• Remote IT asset management
• Discounted coworking spaces
• Remote communication and collaboration tools

Get visa support from start to finish with Deel

No longer will you be left in the dark during the visa application process. Deel is re-inventing the immigration journey to make it stress-free and predictable for both workers and companies.

Our global people platform has everything you need to support your global team. You can:

• Check a candidate’s visa eligibility before creating an employment contract
• Have Deel sponsor your applicant’s visa for an accelerated and hands-off approach to immigration
• Oversee all company immigration activities and costs via your dashboard and receive reminders when work authorizations are due to expire or need renewing
• Continue to support an employee’s journey to becoming a US citizen by supporting the green card for permanent residence
• Create work contracts that comply with all local labor laws
• Run background checks
• Administer benefits and perks, including healthcare, equity, and retirement plans
• Procure and deliver equipment
• Provision flexible coworking space memberships
• Run global payroll
• Manage your team with Deel Engage plugins for smooth onboarding, time off, pulse surveys, and more

Sound like the ideal solution? Book a free consultation with an immigration expert to get your questions answered.