If you are a New Jersey business owner, you may seek international workers to fill essential roles within your organization. Although the immigration landscape in the country appears to be evolving rapidly these days, you can still sponsor foreign employees who you believe will bring highly desired skills and experience to your business.
Sponsoring a foreign employee requires petitioning the U.S. Citizenship and Immigration Services (USCIS) to grant a green card or visa to a foreign worker. This allows the worker to legally live and work in the country.
However, there are different types of visas and both have specific eligibility criteria, requirements and procedures. It is important to know have this information before petitioning to sponsor a foreign worker to reduce the chance of delays or denials.
Non-immigrant and immigrant work visas
There are two main categories of employer-sponsored visas. Non-immigrant work visas are temporary, while immigrant work visas should eventually result in permanent residency.
There are several types of visas within these categories. One of the most common is the H-1B visa. This is used by employers hiring foreign employees in specialty occupations such as engineering, finance or information technology. Qualifying for an H-1B visa usually requires a bachelor’s degree or equivalent and certain qualifications.
Only a certain number of H-1B visas are issued each year. If you would like to sponsor a foreign employee with an H-1B visa, you must participate in a lottery process.
Sponsoring for permanent residency
If you would like to sponsor a foreign employee for permanent residency status, you must use employment-based green card categories. Examples include an EB-2 for individuals with advanced degrees or EB-3 for skilled workers and some unskilled workers.
When you sponsor a foreign employee for a green card you must go through the PERM labor certification process. This involves showing that no U.S. workers are available for the job.
Sponsoring a foreign employee can be the best way to attract valuable talent, but navigating the complexities of immigration law is often challenging. Understanding the options and requirements increases your chance of successfully sponsoring a foreign worker.
