An employer sponsored visa refers to certain temporary work visas and employment-based immigrant visas that require a U.S. employer to file a petition with U.S. Citizenship and Immigration Services (USCIS) on behalf of a foreign national. In these visa categories, the worker cannot apply independently. If a U.S. company offers you a qualifying position in a petition-based category, the employer must submit the required petition to USCIS before you can apply for the visa.
What is employer sponsorship?
Employer sponsorship means that a U.S. employer serves as the petitioner in a visa classification that is tied to a specific job offer. The petition must establish that both the position and the foreign national meet the eligibility requirements of that classification.
USCIS reviews the petition to determine whether the position and the beneficiary satisfy the requirements of the visa category. Petition approval is required before the foreign national may obtain the requested classification, either through visa issuance by the U.S. Department of State (DOS) or, if eligible, through approval of adjustment of status by USCIS. In certain employment-based immigrant categories, Form I-485, Application to Register Permanent Residence or Adjust Status, may be filed with USCIS when a visa number is available, including in some cases at the same time as Form I-140.
Because these classifications are linked to a specific employer and job, the worker cannot request the classification independently. The employer must initiate the process as the petitioner.
Certain employment-based categories allow self-petition. These include EB-1A Extraordinary Ability and EB-2 National Interest Waiver, as described by USCIS.
Employer sponsorship applies to specific temporary work visas and certain employment-based immigrant visa categories.
Before a petition can be filed
Most employer-sponsored classifications require a specific job offer from a U.S. employer. The position must meet the eligibility criteria of the selected visa category, and the employer must be willing to act as the petitioner.
Without a qualifying offer in a petition-based classification, the employer cannot file the required petition with USCIS.
Which U.S. visas require employer sponsorship?
Employer sponsorship is required in several temporary work visa classifications. In these categories, the employer files Form I-129, Petition for a Nonimmigrant Worker, with USCIS.
Temporary work visas that require employer sponsorship
- H-1B Specialty Occupation
The H-1B classification applies to positions that require specialized knowledge and at least a bachelor’s degree or its equivalent. The employer must file Form I-129 and obtain a certified Labor Condition Application (LCA) from the U.S. Department of Labor (DOL) before filing. - H-2A Temporary Agricultural Workers
The H-2A classification allows U.S. employers to hire foreign nationals for temporary or seasonal agricultural work. The employer files Form I-129 and must meet Department of Labor requirements. - H-2B Temporary Nonagricultural Workers
The H-2B classification applies to temporary nonagricultural positions. The employer files Form I-129 and must comply with DOL requirements. - L-1 Intracompany Transferees
The L-1 classification allows a company to transfer an executive, manager, or specialized knowledge employee from a related foreign entity to the United States. The U.S. employer files the petition. - O-1 Individuals With Extraordinary Ability
The O-1 classification applies to individuals who demonstrate extraordinary ability in the sciences, arts, education, business, or athletics. A U.S. employer or agent files Form I-129 on behalf of the beneficiary. - P Visas for Athletes and Entertainers
The P classifications apply to internationally recognized athletes, entertainment groups, and culturally unique performers. A petition must be filed with USCIS before the beneficiary may apply for the visa. - R-1 Religious Workers
The R-1 classification applies to certain religious workers coming to the United States to work in a religious capacity. The employer files Form I-129 with USCIS. - TN Professionals Under the United States-Mexico-Canada Agreement (USMCA)
The TN classification applies to certain Canadian and Mexican professionals under the United States-Mexico-Canada Agreement (USMCA). A qualifying job offer from a U.S. employer is required. Employers may file Form I-129 with U.S. Citizenship and Immigration Services (USCIS). Canadian citizens may apply for admission in TN classification directly at a U.S. port of entry. Mexican citizens must obtain a TN visa from the U.S. Department of State (DOS) before seeking admission.
Employment-based immigrant visas that require employer sponsorship
In addition to temporary work visas, certain employment-based immigrant visas also require employer sponsorship and may lead to lawful permanent residence in the United States.
In most employer-sponsored immigrant categories, the employer files Form I-140, Immigrant Petition for Alien Worker, with USCIS. Some categories also require Permanent Labor Certification from the DOL before the petition is filed.
-
EB-1B Outstanding Professors and Researchers
The EB-1B classification applies to outstanding professors and researchers who are recognized internationally for their academic achievements. A U.S. employer must file Form I-140 on behalf of the beneficiary.
-
EB-1C Multinational Managers and Executives
The EB-1C classification applies to certain multinational managers and executives who are transferred to a related U.S. entity. The U.S. employer files Form I-140 for this classification.
-
EB-2 Advanced Degree or Exceptional Ability (Employer Sponsored)
The EB-2 classification applies to professionals with advanced degrees or individuals with exceptional ability in the sciences, arts, or business. In most cases, the employer must obtain Permanent Labor Certification from the DOL and then file Form I-140 with USCIS.
-
EB-3 Skilled Workers, Professionals, and Other Workers
The EB-3 classification applies to skilled workers, professionals, and certain other workers. This category generally requires Permanent Labor Certification from DOL, followed by the filing of Form I-140 by the employer.
Key takeaway
Employer sponsorship requires a U.S. employer to initiate and obtain approval of a petition before a foreign national may obtain the requested classification. The specific filing requirements depend on the visa classification and, in some categories, require prior certification from the DOL.
Because each classification has defined eligibility standards, both the position and the beneficiary must meet the requirements established by USCIS. Reviewing the official instructions for the relevant visa category is essential before beginning the process.
Frequently Asked Questions
What does an employer actually do in a sponsored visa case?
The employer acts as the petitioner. It submits the required forms to USCIS and provides documentation showing that the job and the foreign national qualify under the selected visa category.
Why can’t the worker file the petition alone?
In petition-based classifications, the visa is connected to a specific employer and position. The government requires the employer to request the classification because the job offer forms the basis of eligibility.
Are all employment-based visas sponsored by an employer?
No. Some categories allow self-petition, including EB-1A Extraordinary Ability and EB-2 National Interest Waiver. In those classifications, the foreign national may file the petition without an employer.
Do employer-sponsored visas always lead to permanent residence?
No. Some sponsored visas are temporary and grant work authorization for a limited period. Others are immigrant classifications that may lead to lawful permanent residence if approved.
Is approval automatic once an employer files the petition?
No. USCIS reviews each petition to determine whether all eligibility requirements are met before granting approval.
Sources:
General Forms & Processes:
- USCIS. https://www.uscis.gov/i-129
- USCIS. https://www.uscis.gov/i-140
- USCIS. https://www.uscis.gov/i-485
Temporary Work Visas:
- USCIS. https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-1b-specialty-occupations
- U.S. DOL. https://www.dol.gov/agencies/eta/foreign-labor/programs/h-1b
- USCIS. https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-2a-temporary-agricultural-workers
- USCIS. https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-2b-temporary-non-agricultural-workers
- USCIS. https://www.uscis.gov/working-in-the-united-states/temporary-workers/l-1a-intracompany-transferee-executive-or-manager
- USCIS. https://www.uscis.gov/working-in-the-united-states/temporary-workers/o-1-visa-individuals-with-extraordinary-ability-or-achievement
- USCIS. https://www.uscis.gov/working-in-the-united-states/temporary-workers/p-1a-athlete (covers P-1, P-2, P-3)
- USCIS. https://www.uscis.gov/working-in-the-united-states/temporary-workers/r-1-nonimmigrant-religious-workers
- USCIS. https://www.uscis.gov/working-in-the-united-states/temporary-workers/tn-usmca-professionals
Employment-Based Immigrant Visas:
- USCIS. https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-first-preference-eb-1
- USCIS. https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-second-preference-eb-2
- USCIS. https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-third-preference-eb-3
- U.S. DOL. https://www.dol.gov/agencies/eta/foreign-labor/programs/permanent