Visa sponsorship is a very common topic when discussing how to move to the U.S. In this article, you will find information on visa sponsorship, its importance, and how it works. Whether you’re an employer looking to sponsor an employee or an individual seeking to enter the US, this page will provide you with the essential information you need to know.
Visa sponsorship in the United States is a critical process for individuals seeking to enter the country for various purposes, such as work, family reunification, or tourism. Essentially, a U.S. company or individual takes responsibility for a foreign national’s stay in the country. This sponsorship is a requirement for obtaining several types of visas.
The definition of “sponsorship” – the act of supporting a non-US citizen’s visa application by a US citizen, legal permanent resident or an authorized entity like an employer is known as visa sponsorship. This support indicates to the U.S. government that the applicant has a specific reason for visiting the country and that there is someone in the U.S. responsible for them during their stay. The sponsor typically ensures that the visa holder complies with the terms of their visa and does not become a public charge.
Visa sponsorship is common for family-based green card purposes. U.S. citizens or permanent residents can sponsor their parents and relatives, including spouses, children, and siblings, to help them obtain a family-based immigrant visa.
For U.S. citizens or permanent residents looking to sponsor family members, they must fulfill the following requirements:
Employers in the U.S. can sponsor foreign workers for various employment-based visas. These include H-1B visas for specialty occupations, L-1 visas for intra-company transfers, and other categories depending on the nature of the employment and the employee’s qualifications.
U.S. employers seeking to sponsor a foreign national for employment must meet the following requriements:
Although less common, sponsorship for tourist visas (B-2) can occur. This usually involves a U.S. resident inviting a non-resident to visit, providing assurance to the U.S. government regarding the visitor’s accommodations and financial support during their stay.
While not always required, sponsorship for a tourist visa can occur in some instances:
When seeking U.S. visa sponsorship, whether for family, employment, or tourist purposes, understanding the eligibility criteria is crucial. These criteria differ based on the type of visa and the nature of the sponsorship. Above, we outlined the key eligibility requirements for each category of visa sponsorship.
However, there are some general considerations for all sponsors:
Below, you will find a table of some of the visas that might require sponsorship.
Form
Description
Petitioner (Sponsor)
Beneficiary
Type
Petition for Alien Fiancé(e)
Foreign national fiancé
Petition for Alien Relative
U.S. citizen or LPR
Foreign national relative in the immediate relative or family preference categories
Refugee/Asylee Relative Petition
Immediate relative of refugee or asylee
Petition for a Non-immigrant Worker
Immigrant Petition for Alien Worker
Petition for Amerasian, Widow(er), or Special Immigrant
Immigrant Petition by Standalone Investor
Petition to Classify Convention Adoptee as an Immediate Relative
Foreign adoptive child
Affidavit of Support Under Section 213A of the INA
U.S. citizen or LPR
Sponsored family member
Application To Extend/Change Nonimmigrant Status
Individual applicant or current visa holder
Self or dependents
Application for Employment Authorization
Foreign national seeking work authorization
Application for Action on an Approved Application or Petition
Visa holder or approved petitioner
Beneficiary of approved visa petition
Application to Register Permanent Residence or Adjust Status
Foreign national seeking to adjust to permanent resident status
The cost of visa sponsorship is typically associated with the specific USCIS forms that require sponsorship. Below are the forms and their costs. However, it’s important to note that there is no charge for a sponsor to sponsor a visa. It’s crucial to check the current USCIS fee schedule, as these fees are subject to change.
In family-based visa sponsorship, sponsors must sign an Affidavit of Support (Form I-864), legally agreeing to support the sponsored family member financially. This ensures that the family member does not become a public charge. The financial responsibility typically lasts until the family member becomes a U.S. citizen, can be credited with 40 quarters of work, departs the U.S. permanently, or dies. Additionally, if the sponsored family member receives certain public benefits, the sponsor may need to repay the cost of those benefits.
For employment-based visa sponsorship, employers must comply with specific labor conditions. This includes ensuring that the foreign worker is paid at least the prevailing wage and that employing a foreign worker does not adversely affect U.S. workers. Employers must also notify USCIS of specific changes, such as early termination of employment, and maintain records as prescribed by law. In some cases, employers might be responsible for the reasonable cost of return transportation to the worker’s last place of foreign residence if the employment is terminated before the end of the authorized period of stay.
While less formal than family or employment sponsorship, tourist visa sponsorship involves certain responsibilities. Sponsors should be prepared to provide financial support and maintenance during the visitor’s stay. They may also need to provide an invitation letter stating the purpose of the visit, their relationship with the visitor, and assurance of financial support.
If you’re exploring ways to enter or remain in the United States without needing a sponsor, several visa categories offer this flexibility. These include the EB-1A, EB-2 NIW (National Interest Waiver), E-1 and E-2, and EB-5 visas. Each of these categories has unique requirements and benefits, making it suitable for different individuals based on their circumstances, skills, and intentions.
The EB-1A visa is for individuals who possess extraordinary ability in the sciences, arts, education, business, or athletics. This is demonstrated through sustained national or international acclaim and recognized achievements. Applicants must show that they will continue to work in their area of extraordinary ability and that their presence will significantly benefit the United States. The key advantage of the EB-1A is that no job offer or labor certification is required, allowing for self-petitioning.
The EB-2 NIW visa category is for professionals holding advanced degrees or those with exceptional ability in the sciences, arts, or business. The National Interest Waiver allows these individuals to bypass the labor certification process typically required for an EB-2 visa. Applicants must demonstrate that their work has substantial intrinsic merit, is national in scope, and waiving the labor certification will benefit the U.S.
E-1 and E-2 visas are for citizens of countries with which the United States maintains treaties of commerce and navigation. The E-1 visa is for individuals engaged in substantial international trade between the U.S. and their home country. In contrast, the E-2 visa is for those who invest a significant amount of capital in a U.S. business. Both visas require a substantial presence in the U.S. to develop and direct the trade or investment operations.
The EB-5 visa provides a method for eligible immigrant investors to become lawful permanent residents. To qualify, individuals must invest a significant amount of capital in a new commercial enterprise in the United States and plan to create or preserve 10 permanent full-time jobs for qualified U.S. workers. This program is ideal for high-net-worth individuals looking to gain residency through investment.
Each of these visa categories offers distinct pathways for living and working in the U.S. without the need for a sponsor. It’s crucial to understand the specific criteria and legal requirements of each option and consider consulting with an immigration attorney to explore the best pathway for your individual situation.
Below, you will find answers to the most commonly asked questions about sponsoring a visa to the U.S.
How do I get a visa sponsorship?
To obtain visa sponsorship, you must first identify the type of visa you are applying for (family, employment, or tourist). For family visas, a U.S. citizen or permanent resident family member must sponsor you. For employment visas, a U.S. employer must offer you a job and agree to sponsor your visa. For tourist visas, a U.S. resident can sponsor your visit in some cases, although this is less common.
Is a visa the same as a sponsorship?
No, visas and sponsorships are not the same. A visa is a document that allows you to enter and stay in the U.S. for a specific purpose and period. Sponsorship, on the other hand, refers to the support provided by a U.S. citizen, permanent resident, or employer in the visa application process, affirming their responsibility for you during your stay in the U.S.
How much does visa sponsorship cost?
The cost of visa sponsorship varies between $0 to $4,000+ and this is attributed to the required forms. However, there is no fee for a sponsor to sponsor a visa. For employment visas, costs can include filing fees for the petition, processing fees, and potentially legal fees. For family visas, there are filing fees for the petition and additional costs for processing the visa application. These costs are usually borne by the sponsor or the applicant.
What is the meaning of sponsorship for a visa?
Sponsorship for a visa means a U.S. citizen, permanent resident, or authorized entity (like an employer) is supporting a non-citizen’s visa application and taking responsibility for them during their stay in the U.S. This includes financial responsibility and ensuring the visa holder complies with all visa regulations.
How long does visa sponsorship take?
The duration of the visa sponsorship process varies. For employment visas, it can take several months to over a year, depending on the visa category and current processing times. Family visa sponsorship can take from a few months to several years, depending on the relationship between the sponsor and the applicant and the current immigration quotas.
Can someone sponsor me to the USA?
Yes, a U.S. citizen or permanent resident can sponsor a relative, and a U.S. employer can sponsor an employee. The sponsor must meet certain eligibility criteria and agree to take on the legal responsibilities of sponsorship.
Can US companies offer visa sponsorship?
Yes, U.S. companies can offer visa sponsorship for employment. They must follow the legal process for obtaining an employment visa for the prospective employee, which includes filing the necessary petitions with USCIS and possibly the Department of Labor.
Who needs sponsorship for employment visa status?
Foreign nationals who wish to work in the U.S. on a non-immigrant employment visa (like H-1B, L-1, etc.) generally require sponsorship from a U.S. employer. The employer must file a petition on the employee’s behalf and prove that the foreign national’s skills are needed and that hiring them will not adversely affect U.S. workers.
How do you get sponsorship for a work visa?
To get sponsorship for a work visa, you typically need to secure a job offer from a U.S. employer willing to sponsor your visa. The employer must then file a petition with USCIS and fulfill all legal requirements for sponsorship, including labor certification in some cases. It’s important to have the necessary qualifications and experience that match the job requirements.
