Hiring foreign nationals can be the best way to get the skills and experience your company needs, but the process can be complicated. Employer obligations in sponsoring employees for a work visa include both administrative and financial responsibilities. These can include paying filing fees, assessing the local job market, and applying for the work visa. Any mistakes or missing information will slow down the process or cause the visa application to be rejected. Hiring a business immigration attorney to manage the application will ensure that it goes as smoothly as possible.
When thinking about sponsoring a foreign employee for a work visa, an employer’s first responsibility is to make sure the role they are hiring for fits the requirements of a particular visa. Most U.S. work visa classifications are specific to certain industries, and some only apply to professionals from certain countries as well. Some visas, like the H-1B visa, require the employer to submit a Labor Condition Application (LCA) to the Department of Labor before applying for the visa. The LCA is intended to prove that hiring a foreign professional will not have negative effects on U.S. employees. It requires details about working conditions and a comparison of the wages the employer will be offering with the typical wages in the same region. An LCA is also required for immigrant visas, which offer a path to permanent residency.
The employer is also responsible for applying for the visa. For most nonimmigrant work visas, the employer will submit Form I-129 to U.S. Citizenship and Immigration Services. The employer pays the filing fee and any other relevant fees for the visa petition. These can include a fraud prevention fee, which is required for some visa applications, and a premium processing fee, which allows companies to pay for expedited processing.
Some visas require the employer to pay at least the prevailing wage for that role and location. If this applies, that wage would generally have been specified in the LCA. If the employee has an H-1B visa, the employer needs to keep certain LCA-related records, such as proof that the employer is paying the required wages. The Department of Labor may request these records at any point.
If the employee is fired or laid off while their visa is still valid, the employer needs to pay for their flight or other transportation back to their home country. If the employee and the employer decide to extend the employee’s stay beyond their initial visa period, the company is responsible for applying for the extension and paying the related fees.
Employer obligations in sponsoring employees vary depending on the specific type of visa the employee qualifies for. Regardless of the visa classification, these requirements can be complicated. Obligations start with ensuring that hiring internationally will not have a negative impact on local hiring. Employers are also required to pay all of the fees associated with applying for a work visa. Hiring an attorney to help with this process will save your company time and ensure that everything is done correctly. Klug Law Firm is here to support your business. Contact us to discuss your immigration needs today.
