Understanding the US Employer Sponsored Work Visa
As the world’s largest economy, the United States offers countless employment opportunities to foreign workers. However, to work legally in the United States, a foreign worker must obtain a work visa. One of the most popular work visas for foreign workers is the Employer Sponsored Work Visa.
The Employer Sponsored Work Visa is a non-immigrant visa that permits foreign nationals to work in the United States for a specific employer. The employer must sponsor the foreign worker and file a petition with the U.S. Citizenship and Immigration Services (USCIS) on behalf of the employee.
There are several types of Employer Sponsored Work Visas, each with its own criteria and requirements. The most commonly used Employer Sponsored Work Visa categories are the H-1B, L-1, and O-1 visas.
H-1B Visa
The H-1B visa is the most popular Employer Sponsored Work Visa category. It allows U.S. employers to hire foreign workers for specialized positions that require a minimum of a bachelor’s degree or equivalent experience. The H-1B visa is valid for up to three years and can be renewed for an additional three years.
The H-1B visa has an annual cap of 85,000 visas annually. Of these, 65,000 are allocated for regular cap petitions, and the remaining 20,000 are reserved for applicants with a master’s degree or higher from a U.S. institution of higher education.
L-1 Visa
The L-1 visa is available to employees who have worked for a foreign company for at least one year and need to transfer to their employer’s U.S. affiliate, subsidiary, or branch. The L-1 visa is valid for up to three years for new employees and up to five years for employees who have been working for the sponsor company outside the U.S. for more than one year. The L-1 visa can be extended in increments of up to two years, up to a total of seven years for new employees and 10 years for employees who have been working for the sponsor company outside the U.S. for more than one year.
O-1 Visa
The O-1 visa is available for individuals with extraordinary abilities in the sciences, arts, education, business or athletics. This visa requires extensive documentation showing the individual’s extraordinary abilities and achievements in their field. The O-1 visa is valid for up to three years and can be extended in increments of up to one year.
FAQs
Q: Who can apply for an Employer Sponsored Work Visa?
A: Only U.S. employers can apply for an Employer Sponsored Work Visa on behalf of a foreign worker.
Q: Can I apply for an Employer Sponsored Work Visa on my own?
A: No, you must have a job offer from a U.S. employer to apply for an Employer Sponsored Work Visa.
Q: Can I apply for an Employer Sponsored Work Visa if I am already in the U.S.?
A: Yes, but you will have to meet certain criteria and requirements. Consult with an immigration attorney for guidance.
Q: How long does it take to obtain an Employer Sponsored Work Visa?
A: The processing time varies by visa category and petition type, but it can take several weeks to several months.
Q: Can my family accompany me on an Employer Sponsored Work Visa?
A: Yes, your spouse and unmarried children under the age of 21 can apply for a dependent visa.
Q: Can I change employers while on an Employer Sponsored Work Visa?
A: No, you must have your new employer sponsor you and file a new petition with the USCIS.
Conclusion
The Employer Sponsored Work Visa is an attractive option for foreign workers who want to work in the United States. However, it requires an employer to sponsor the foreign worker and file a petition with the USCIS. The three most common types of Employer Sponsored Work Visas are the H-1B, L-1, and O-1 visas. Each visa has its own criteria and requirements, and the processing time varies by visa category and petition type. If you are considering applying for an Employer Sponsored Work Visa, consult with an immigration attorney for guidance.
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