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

Under employment-based sponsorship, the employer sponsoring the foreign worker is generally responsible for submitting the necessary forms, supporting documents, and fees to the U.S. government . One of the most common forms submitted for employment-based sponsorship is Form I-140 (Immigrant Petition for Alien Worker).

What is part 3 information about the immigrants you are sponsoring?

Part 3. For Information About the Immigrants You Are Sponsoring, indicate whom you will sponsor . Most sponsors will be sponsoring the principal immigrant named in Part 2. However, additional family members should only be listed if they are also derivative beneficiaries on the same visa petition.

How do you answer visa sponsorship questions?

How (and when) should you disclose your sponsorship status to an employer? If a question is asked about sponsorship as part of an online application for a full-time position or an internship that could potentially lead to full-time employment, we recommend that you answer “Yes” that you will need sponsorship .

How long are you financially responsible for someone you sponsor?

An Affidavit of Support is legally enforceable. 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 .

What documents do you need for sponsorship?

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).

How do I answer immigration questions?

Don't try to make the Officer happy with what you think they want to hear, just answer honestly . If you do not understand the question ask the Officer to clarify what is being requested. Make Copies. Being prepared means bringing the appropriate documents you need with you to your interview.

How to answer who is sponsoring you?

Who is sponsoring you? Your strategy: If you've secured a scholarship for your US studies, provide the interviewer with comprehensive details. If your parents are your sponsors, ensure to mention their names. In case someone else is sponsoring your education, specify their name and your relationship.

How long does sponsoring an immigrant take?

It can take around 17.3 months on average for a company to sponsor an immigrant for an employment-based green card. This process involves multiple steps, such as filing the immigrant petition (Form I-140) with U.S. Citizenship and Immigration Services (USCIS), which takes around 5 to 8 months to process.

Can I sponsor an immigrant that is a non-family member?

They often need to “sponsor” them – file some paperwork, usually Form I-864, Affidavit of Support, to show the government they are willing to provide financial support. While one can only file an immigration petition for their family members, one can sponsor an immigrant, even if the immigrant is not his relative .

What am I responsible for if I sponsor an immigrant?

For what is a sponsor liable? In essence, sponsoring an immigrant means taking on the legal responsibility of financially providing for the person you sponsor during their time in the United States . By signing Form I-864, you're agreeing that you have sufficient income to take care of the immigrant.

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.