Although obtaining a work visa for an employee seems like an overwhelming thing to accomplish it doesn’t have to be. If you are an employer sponsoring an employee for a work visa, you’ll want to make sure that you are prepared for all of the requirements. By being prepared and knowing what is expected of an employer, you can minimize the risk of the work visa being denied by immigration. Below are some tips for sponsoring US Work Visas.
1. Research and Decide the Right Visa Category for Your Employee
There are many different work visa categories with their own rules and regulations that you need to be conscious of when deciding on what work visa would be the best for your employee. Before beginning to sponsor an employee for a work visa, you need to investigate which type you will apply for. There are many questions to ask in deciding this.
Some questions are:
- Hong long is the visa good for?
- Does the visa allow for full-time temporary or permanent employment?
- What is the cost of the visa?
- How long is the processing time?
- When do you need to apply?
Once you can answer all these questions and are sure that you and your employee can meet the requirements, then you are ready to apply for the work visa.
Consulting with an attorney with experience who will know the many nuances and insider options with regard to each visa type can be a big resource.
2.Have the Correct Documents Needed
You would be lucky if forms were the only paperwork you had to worry about for applying for a work visa for your employee, but there are documents too, and each visa has its own set of required documents. Once you know what visa you’ll be applying for review the list of required documents and make sure both you and your employee have them. If you don’t and are later asked for them and cannot provide them, there is a good change the work visa will be denied.
3. Tell the Truth
There may be temptations to lie in the immigration process, but lying to the government can get you into bigger trouble than the problem you are lying about. You’ll never see anyone angrier than a government official who catches you or your employee in a lie.
4. Follow Immigration and Labor Laws when Hiring Employees
As the employer you are responsible for making sure whether or not a US work visa employee is able to work for you. Like hiring any employee you are responsible for follow applicable immigration and labor laws. Employers are liable for knowingly employing an illegal worker, so you should confirm work authorization for any employee to protect yourself and your business.
But you are no expected to be an expert on authorized documents. Per the law if an employer acts in good faith when it comes to inspecting these documents, they are protected from liability. That is the same whether the employee is a US citizen or a foreign born worker.
5. Don’t Forget to Do the Paperwork Once Employee is Hired
There is a lot of paperwork required for employing all employees required by the government. All employees must complete the I-9 Employment Eligibility Verification including foreign workers. You must use the most recent version, as older versions won’t be accepted by the government. When completing this form an employee must provide you with eligibility and identification documents. Then with your employee you must fill out and sign the form, verifying your employee’s authorization for employment.
6. Be Aware a Labor Certification May Be Needed
Depending on what type of work visa you decide on for your employee you may be required to obtain a labor certification from the Department of Labor verifying that there are an insufficient number of available, qualified, and willing U.S. workers to fill the position, and that the employment will not have an adverse effect on the wages and working conditions of similarly situated U.S. workers.