Many foreign professionals who want to work in the United States must rely on an employer to sponsor their visa or green card. But for U.S. employers, sponsorship is not always a simple or straightforward decision. It comes with legal steps, financial costs, and obligations that may discourage some companies from moving forward, even when the candidate is qualified and needed.
This article outlines some reasons why employers may hesitate to sponsor foreign workers, whether for temporary work visas or employment-based green cards. It also looks at what this means for applicants who hope to secure long-term employment in the U.S.
Comparing temporary and permanent sponsorship paths
Employers face different sets of requirements depending on whether they are sponsoring a foreign worker for a temporary position or for permanent residency. While the specific steps vary, both paths demand careful planning, legal accuracy, and a willingness to invest time and money without any guaranteed outcome.
Temporary work visas
Temporary visa categories such as H-1B (for specialty occupations), L-1 (for intracompany transferees), and O-1 (for individuals with extraordinary ability) allow foreign workers to stay in the United States for a limited period. These programs often involve complex eligibility rules, annual caps, and rigid filing windows. For example, the H-1B visa is subject to a yearly lottery, so even a well-prepared petition may not lead to selection.
In addition to submitting a petition to U.S. Citizenship and Immigration Services (USCIS), employers must often file a Labor Condition Application (LCA) with the U.S. Department of Labor (DOL). This means they must agree to pay the required wage and show that hiring the foreign worker will not negatively affect conditions for U.S. employees in similar roles.
Employers are legally required to cover all mandatory government filing fees for an H-1B petition and cannot require the employee to reimburse those fees where doing so would reduce the employee’s wage below the required level.
Many employers, especially those new to the process, find these steps burdensome. They may also be reluctant to hire a temporary worker if they are unsure whether the visa can be extended or converted to another status later on.
*Policy update
On September 19, 2025, a Presidential Proclamation titled “Restriction on Entry of Certain Non-immigrant Workers” introduced a one-time, additional $100,000 payment for certain H-1B petitions filed on or after 12:01 a.m. Eastern Daylight Time on September 21, 2025. It applies to petitions for beneficiaries outside the United States without a valid H-1B visa and to filings that shift to consular processing if a requested change, amendment, or extension of status is not granted, but it does not affect petitions filed before the cutoff, existing valid H-1B visas, or in-country amendments, changes, or extensions that are approved; petitioners must include proof of payment (via pay.gov) or proof of a granted exception at filing, and the Secretary of Homeland Security may grant rare national-interest exceptions.
Permanent sponsorship (Green Card)
Sponsoring a foreign worker for a green card involves a longer timeline and more legal steps. Most cases begin with labor certification under the Program Electronic Review Management (PERM) process, where the employer must first recruit U.S. workers and show that no one qualified is available for the job.
Under the DOL’s rules, employers must follow specific recruitment steps before filing a PERM application. This includes posting job ads with the state workforce agency, placing ads in newspapers of general circulation, and conducting at least three additional recruitment activities to test the U.S. labor market.
After receiving certification, the employer files Form I-140 with USCIS. Depending on the worker’s country of origin and employment category, they may also need to wait for a visa number to become available. This process can take several months or even years.
Visa availability is governed by the U.S. Department of State’s Visa Bulletin, which is updated every month. The bulletin shows when applicants in each employment category and country can move forward with their Green Card application.
Throughout this time, the employer must keep the job open and stay compliant with immigration and labor laws. Some employers are hesitant to begin this process when future business needs are uncertain or when there is no assurance that the worker will remain with the company after receiving permanent status.
Uncertain timelines and planning
The employment-based immigration process often takes longer than many employers expect. Green card sponsorship, in particular, can involve multiple steps spread out over several years. After labor certification and petition approval, the worker may still need to wait for a visa number to become available. This delay depends on their country of birth and employment category.
These unpredictable timelines make it harder for companies to plan their workforce needs. An employer may hesitate to keep a position open if they are unsure when the worker will be allowed to begin. In some cases, the role may no longer exist by the time the worker is ready to start.
Employee retention concerns
Another concern is what happens after the worker receives permanent resident status. Once the green card is issued, the employee is not required to stay with the sponsoring employer. There is no legal obligation to remain in the job for a specific period.
Some companies are cautious about this. They may worry that, after committing to a long process and covering the costs, the employee might leave soon after getting the green card. While many workers stay because of loyalty or career growth, the lack of a clear guarantee can be a deterrent, especially for smaller businesses.
Conclusion
Employer sponsorship shapes how many foreign professionals enter and grow in the U.S. workforce. Understanding what employers face helps applicants prepare stronger cases and set realistic expectations. When job seekers know the costs, legal steps, and long processing times involved, they can communicate their value more effectively and make the sponsorship decision easier for an employer.
Applicants who research their visa category, stay informed through the USCIS and DOL websites, and maintain open communication with potential employers are better positioned for success. Sponsorship is not only a legal process but also a professional partnership that works best when both sides understand their responsibilities and goals.
Sources:
- USCIS. https://www.uscis.gov/working-in-the-united-states/information-for-employers-and-employees/employer-information
- DOL. https://www.dol.gov/agencies/eta/foreign-labor/programs/permanent
- DOL. https://www.dol.gov/agencies/whd/immigration/h1b
- USCIS. https://www.uscis.gov/working-in-the-united-states/h-1b-specialty-occupations
- USCIS. https://www.uscis.gov/working-in-the-united-states/temporary-workers/l-1a-intracompany-transferee-executive-or-manager
- U.S. Department of State. https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html