What is a visa sponsorship?
Visa sponsorship is the process by which an employer or organization supports a foreign national's application for a visa to work or reside legally in a specific country. This often involves the employer proving that the candidate is eligible and necessary for the role.
What types of visas require sponsorship?
Many types of visas require sponsorship, where an organization or individual supports the visa application and guarantees certain responsibilities. Let’s look at some of the most common types of sponsorship.
Family-based visa sponsorship
Family-based visa sponsorship involves a family member who is a citizen or permanent resident sponsoring their relative's visa application to bring them to live in the country. This is common for spouses, children (or other dependents), parents, and sometimes siblings.
Employment-based visa sponsorship
Employment-based visa sponsorship is when an employer sponsors a foreign national for a work visa. This involves proving that the candidate is uniquely qualified for the job and that hiring them will not negatively impact local labor markets. Common US employment-based visas include H-1B, L-1, and EB-2/EB-3 visas.
Educational visa sponsorship
Educational institutions often sponsor international students for visas, allowing them to study in a foreign country. The sponsorship typically covers the duration of the academic program. A common example is the US F-1 visa.
Financial sponsorship through humanitarian programs
Humanitarian programs, such as those for refugees or asylum seekers, may involve financial sponsorship from individuals or organizations. Sponsors provide financial support to help the individual settle in the new country.
Who can sponsor a visa?
Visa sponsorship can be provided by individuals or companies. Common visa sponsors include:
- Employers: Companies can sponsor work visas for skilled workers and specialists.
- Family members: Citizens or permanent residents can sponsor family members for residency visas.
- Educational institutions: Schools and universities can sponsor student visas for international students.
Nonprofit organizations: NGOs and other organizations can sponsor individuals through humanitarian or cultural exchange programs.
How to sponsor an employee’s visa
The exact process to sponsor an employee’s visa will depend on where your company is located and the employee’s country of citizenship. But generally, you’ll follow steps similar to the ones below:
- Determine eligibility. Make sure that the position and the candidate meet the requirements for the specific visa type they’re seeking.
- Obtain a labor certification (if applicable). For certain visas, such as the H-1B visa, employers must first obtain a labor certification from the Department of Labor (DOL). The certification acts as proof that hiring an immigrant for the open role won’t affect the local job market—it signifies to the US Citizenship and Immigration Services (USCIS) that there aren’t enough US workers able, willing, qualified, and available to perform the job.
- File a petition. Submit the appropriate visa petition to the relevant immigration authority (e.g., USCIS in the US).
- Provide the proper documentation. Gather and submit all necessary supporting documents, including proof of the job offer, candidate’s qualifications, and compliance with local laws.
- Pay visa fees. Pay the required visa application and processing fees.
- Wait for a decision. This can take several weeks to months.
- Employee visa application. Once the petition is approved, the employee applies for the visa at a consulate or embassy. The application process will vary depending on the type of visa, your country, and the employee’s country of residence.
Pros and cons of sponsoring an employee’s visa
Pros of sponsoring an employee’s visa
Cons of sponsoring an employee’s visa
Access to global talent. Gain access to a wider pool of skilled workers, including those with extraordinary abilities who can fill specialty occupations.
Cost. Sponsoring a visa can be expensive due to legal fees, application fees, and administrative costs.
Competitive advantage. Attract highly qualified candidates who can contribute to your company’s success.
Complexity. The process is complex and requires significant administrative lift.
Cultural diversity. Foreign workers enhance the workplace with diverse perspectives and experiences.
Uncertainty. There is no guarantee that the visa will be approved.
Retention. Sponsored employees may be more loyal and committed to the company.
Compliance risks. Employers must stay up-to-date on immigration laws, which can be challenging and time-consuming.
How can HR make sure a visa sponsorship is successful?
HR departments can set their organizations up for success when sponsoring employment visas by:
- Keeping up-to-date with immigration laws and requirements.
- Preparing and submitting thorough and accurate documentation.
- Working with immigration lawyers to navigate the process.
- Providing support to the sponsored employee throughout the process and after their arrival.
Frequently asked questions about visa sponsorship
What’s the difference between visa sponsorship and visa application?
Visa sponsorship involves an employer or organization supporting a foreign national's visa application, often proving eligibility and need.
A visa application is the process the individual undertakes to apply for the visa itself, which may include the sponsorship as part of the documentation.
Can you get a visa without a sponsor?
Some visas don’t require a sponsor, such as tourist visas or certain types of student, work, and nonimmigrant visas. However, many employment-based and family-based visas do require sponsorship.
How long does the sponsorship process take?
The sponsorship process can take several weeks to several months, depending on the type of visa, the specific country’s processing times, and the complexity of the application. For example, a US work visa with employer sponsorship can take as long as 8-10 months to process.
What legal responsibilities come with sponsoring an employee’s visa?
Employers are responsible for continuing to meet the visa requirements, which often mean keeping the employee in certain types of roles, with full-time hours, with a minimum salary threshold. They may also be required to cover certain costs for the employee.
How long does visa sponsorship last?
The duration depends on the type of visa and the specific circumstances of the sponsored individual. Generally, visa sponsorship lasts as long as the visa is valid, which can vary widely. For example, employment-based green cards or permanent residency sponsorships can be indefinite, provided the visa holder maintains their residency status, while temporary work visas typically last for a specific period, but may be renewable, depending on qualifying factors.
Is an employer financially responsible for their employee when they sponsor their visa?
In many cases, the employer is responsible for the costs associated with the visa sponsorship process, including application fees and legal fees. They may also be responsible for making sure the employee's salary meets minimum wage requirements for the visa category.
Can visa sponsorship be transferred to another employer?
Some types of visas allow for the transfer of sponsorship to another employer, but this typically requires the new employer to file their own visa petition and get it approved by immigration authorities.
Can visa sponsorship be rescinded?
Yes, an employer can withdraw their sponsorship if the employment relationship ends. This can affect the employee's legal status in the country, and the employee may need to leave the country or find a new sponsor.
Are there any compliance risks when a company sponsors an employee’s visa?
Yes, there are compliance risks. It’s up to the employer to know and adhere to immigration laws, maintain proper documentation, and avoid penalties for violations.
