As a United States employer looking to onboard a foreigner onto your team, you must first serve as their sponsor for an employment-based visa. Namely, you may encourage your prospective employee to pursue an EB-1 (priority workers), EB-2 (professionals with advanced degrees or exceptional abilities), EB-3 (skilled workers), or EB-4 (special immigrants) visa with your help. For this, please read on to discover how to sponsor an employment-based visa and how one of the seasoned work visa lawyers at Lupton Law LLC can prepare you for what to expect from the process.

What U.S. Employers Must Know Before Sponsoring a Worker

As a U.S. employer looking to hire a foreign national for a permanent work position, you’ll likely need to sponsor that worker for an employment-based immigrant visa. Additionally, U.S. immigration law allows certain foreign workers to obtain permanent residency through a green card if they are properly sponsored. In general, the most common employee-sponsored categories include the EB-1, EB-2, EB-3, and EB-4 visas.

Before Initiating Sponsorship

  • Determine the correct category of visa based on the position and the foreign worker’s qualifications
  • Determine whether a PERM certification is required
    • For most EB-2 and EB-3 visas, PERM approval is a prerequisite
  • Prepare to file Form I-140, Immigrant Petition for Alien Worker, with USCIS
  • Anticipate additional paperwork and deadlines, like consular processing and status adjustments, once the I-140 is approved

Employment-Based Visa Categories Employers Typically Sponsor

There are a number of different employment-based visas that you may be eligible to sponsor an employee for. As such, understanding the different requirements and steps can help you choose the correct visa category for your new hire, which can limit delays and denials.

EB-1 (Priority Workers)

  • Includes individuals who have extraordinary abilities in the arts, science, math, business, sports, or education
  • In some EB-1 categories, like the EB-1A, the worker may self-petition, though sponsorship is still common for employer-driven roles
  • PERM certification is not required for this category of worker

EB-2 (Professionals with Advanced Degrees or Exceptional Abilities)

  • Requires a formal job offer from the employer and PERM labor certification
  • A National Interest Waiver (NIW) may allow the workers to self-petition without a labor certification under certain circumstances

EB-3 (Skilled Workers and Professionals)

  • Most EB-3 petitions required an approved PERM Certification and Form I-140 filed by the employer
  • Skilled workers generally must have at least two years of experience or training to be eligible

EB-4 (Special Immigrants)

  • This category applies to certain classes, like religious workers
  • Employers must still file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant
  • This category does not adhere to the same PERM requirement as the EB-2/EB-3 visa

Employers Should Understand that each visa category is related to specific worker qualifications and job requirements. As such, choosing the correct category from the start can help avoid delays or denials. USCIS will review both the employee’s background and qualifications and the employer’s offer to ensure the correct visa category has been selected.

Which Workers Qualify for Each EB Category

  • EB-1: Workers who possess extraordinary abilities, outstanding professors or researchers, and multinational executives
  • EB-2: Professionals who hold advanced degrees or individuals with exceptional abilities in the arts, science, or business
  • EB-3: Skilled workers who hold a bachelor’s degree (or its equivalent) as well as two years of experience or training
  • EB-4: Special immigrants like religious workers or international organization employees

What Are the Steps in the Employer Sponsorship Process?

It’s necessary to understand that the employer sponsorship process can be incredibly tedious, with multiple steps and documents that must be carefully and correctly completed to reduce the risk of delays or denials. As such, familiarizing yourself with this process before you begin can help ensure you take the necessary steps.

Preparing and Filing PERM Labor Certification (When Required)

  • The employer must prove that there are no qualified U.S. applicants available to assume this position
  • Labor certification documents must be in compliance with DOL recruitment and wage standards
  • Labor certification can vary in processing time, though you should anticipate it to take several months
  • Thorough documentation can help reduce the risk of an audit

Filing Form I-140, Immigrant Petition for Alien Worker

  • Employers are responsible for filing Form I-140 on behalf of the worker they are looking to sponsor
  • The form must include:
    • Evidence of the job offer and terms of employment
    • Proof that the employer can pay the listed wage
    • Labor certification (if required based on the visa category)
  • After approval, the worker can advance to an adjustment of status (I-485) or consular processing to obtain the immigrant visa

What Happens After I Complete Employee Sponsorship?

Depending on which employment-based visa category your prospective employee falls under and which country they are originating from, the waiting period to process your petition may be quite significant. But once you file your petition, the USCIS may post an updated processing time estimate on its website. At any rate, your prospective employee must sit tight until you get word back from the USCIS to avoid illegally entering the United States prematurely.

However, once Form I-140 is approved:

  • The foreign nationals’ priority date will become current based on the visa bulletin
  • The workers will file Form I-485 if in the United States or begin consular processing if abroad
  • The workers’ immediate family, like their spouse or children, may apply as dependents

Why Do Many Employers in Pennsylvania Sponsor Foreign Workers?

It’s not uncommon for employers in Lancaster County and across Pennsylvania to sponsor foreign-born employees. In many instances, employers in Pennsylvania and neighboring states may find labor shortages in specialized industries, leading them to consider foreign-born talent. This is often common in the healthcare, manufacturing, agriculture, and education industries.

Regional Factors That Make Sponsorship More Common

  • Gaps in the workforce for rural and mid-sized Pennsylvania communities
  • Demand for highly skilled and trained STEM and healthcare professionals
  • Seasonal and skilled labor shortages in the agricultural sector
  • Growth at universities and research centers that require global talent

Contact an Experienced Eastern Pennsylvania Immigration Attorney Today

As a U.S. employer looking for employees, there is no one better you can turn to than one of the competent work visa lawyers from our firm. At Lupton Law LLC, we understand how complicated it can be to navigate the immigration process while running your business. That is why we are here to assist you through these difficult times. Contact our firm today to learn how we can represent you.