How to Sponsor a Work Visa in the U.S.: A Guide to Hiring International Employees

Sponsoring a work visa enables your business to hire the talent you want in the location you want them. There’s no need to compromise on talent or location, since visa sponsorship enables your business to bring top global talent to the U.S. and build your team where you know it will have the greatest impact.

The sponsorship process can be challenging, with complex eligibility rules and extensive documentation requirements. But it’s also a well-established pathway: nearly 2 million non-immigrant professionals worked in the U.S. in 2024, supported by a range of visa options tailored to different roles and circumstances.

Here’s a 101 guide on how to sponsor a work visa, with a breakdown of the main eligibility requirements for both employers and employees.

A Quick Recap on Visa Sponsorship

When a U.S. business sponsors a foreign national’s visa, the business helps that individual obtain authorization to legally work in the country. Most U.S. employers work with immigration law firms to help with the sponsorship process.

The exact requirements vary by visa category, but in most cases, employers must prove that they comply with relevant immigration and labor regulations and submit a petition to U.S. Citizenship and Immigration Services (USCIS).

Generally, U.S. employers can hire foreign nationals on temporary work visas as needed so long as both the business and the employee meet the qualifying criteria.

Types of Work Visas that Require Sponsorship

With work visas, the employer is generally the party that files a petition on behalf of the worker. The exact type of visa they apply for depends on the role, the worker’s qualifications, and the employer’s specific hiring needs.

Here are some of the most common employer-sponsored visas used in the U.S.:

H-1B visa: The H-1B visa is intended for professionals in occupations that require advanced knowledge, like healthcare, engineering, and technology. An H-1B visa is typically granted for an initial three-year period but may be extended to a maximum of six years, assuming employees meet certain requirements. The employee's academic background is a key qualifying criteria here and will need to match the job role. However, the H-1B system is lottery-based and has an annual cap.
H-1B1 visa: Eligible Singaporean and Chilean professionals can apply for the H-1B1 visa. They need a bachelor’s degree and specialized knowledge in their field, similar to the H-1B, but it is not as restricted or limited by the lottery as the H-1B visa.
L-1 visa: Multinational companies use an L-1 visa to transfer executive and managerial employees from an overseas office to a U.S. branch. An employee must have worked at a company overseas for at least one year to qualify.
E-3 visa: With the E-3 visa, Australian nationals can receive fast approval to work in the U.S. It has similar requirements to the H-1B, including a bachelor’s degree and specialized professional knowledge, and follows a similar processing timeline, except it is not limited by the lottery process like the H-1B.
O-1 visa: Individuals with extraordinary ability in fields like science, business, athletics, the arts, or education might be eligible for the O-1 visa. Employers must provide evidence of a candidate’s expertise through awards, publications, or contributions to their field. This visa can be renewed indefinitely and can often be a good stepping stone to a green card.
TN visa: The TN visa is available through the U.S.-Mexico-Canada Agreement (USMCA), allowing businesses to hire Canadian and Mexican professionals to work in the U.S. for up to three years. These visas are generally easier to prepare and file, with qualifying applicants onboarded in as few as 1-2 weeks. Canadians do not need a visa and can simply present their TN application at the US border (or typically at any large Canadian airport when flying outbound to the U.S.).

Visa Sponsorship Eligibility Criteria

Successfully sponsoring a work visa requires that both employer and employee can prove that they meet specific eligibility standards. This process typically involves demonstrating an employer’s legitimate operations, financial viability, and confirming that the intended employee possesses the required skills, education, and experience.

The exact criteria differ depending on the visa category chosen, but here are the most common visa sponsorship eligibility requirements for employers and employees.

Requirements for Employers

Employers petitioning to sponsor a non-immigrant visa commonly provide:

Incorporation documents: Employers must verify that their company is operational, legally registered, and financially able to pay the foreign employee’s salary.
EIN assignment letter: Providing documentation from the IRS which supports an employers’ proof of registration.
Proof of finances: Bank statements and tax records prove that the company has a viable financial position.
Business overview: Companies must supply an overview of what the employing company does, such as a pitch deck.

Requirements for Employees

To qualify for U.S. non-immigrant visa sponsorship, employees are typically required to meet certain eligibility requirements:

Education and professional qualifications: Many non-immigrant visa types, such as the H-1B, require a relevant bachelor’s degree or higher, extensive professional experience, and specialized skills that align with a job role.
Identity documents: Employees must provide a valid passport and, if applicable, records of any previous U.S. visas.
Supporting evidence of expertise: For certain visa types, like the O-1, petitions may require additional documentation demonstrating extraordinary ability or professional achievements.

How Ellis’ Immigration Platform Streamlines the Steps for Sponsoring a Visa

Sponsoring a work visa follows a structured process that can be complex for employers unfamiliar with U.S. immigration regulations. Ellis’ immigration platform simplifies each step, reducing delays, ensuring compliance, and helping your startup through the process.

Step 1: Determine Visa Eligibility & Fit for Your Startup’s Needs

Identify the visa category that best matches the employee’s qualifications and your company’s hiring requirements. Ellis analyzes employee profiles and business goals to ensure the best visa option is selection.

Step 2: File a Labor Condition Application (When Applicable)

For visas like the H-1B, E-3, and H-1B1, employers need to submit an LCA to the Department of Labor to show that hiring a foreign worker will not negatively impact wages or working conditions in the U.S. Ellis prepares and files LCAs on behalf of clients where necessary.

Step 3: Submit the Petition to USCIS

Employers prepare and file the non-immigrant visa application.

Ellis’ immigration platform automates document collection and reviews submissions for accuracy, helping to avoid delays or Requests for Evidence that interrupt the application process.

Step 4: Help Your Talent Prepare for Their Visa Interview

If the employee lives abroad, they may need to attend a visa interview at a U.S. consulate. Ellis can streamline the preparation process by providing tailored coaching and checklists to ensure your employee feels supported.

Any employees already located in the U.S. may be issued their visa through a Change of Status, on a case by case basis, which allows them to update their employment authorization without leaving the country.

Costs Involved in Visa Sponsorship

How much it costs to sponsor a work visa varies widely between visa types. Some come with much higher upfront fees, and all include some amount of government processing fees.

The best way to determine the costs of the specific visa you’re planning to petition for is to use Ellis’ pricing calculator found on our Pricing page. Ellis has a 99.4% approval rate on applications, and if your visa is not approved, you’ll get 100% of your legal fees refunded.

Scale Your Company with Expert Support from Ellis

With varying circumstances and processes for different types of visas, professional guidance makes the process of sponsoring a work visa much easier. Ellis offers tailored support, digital tools, and clear advice at every stage of the visa application process.

Schedule a call with Ellis today to streamline your global hiring initiatives.