How Long Does It Take to Sponsor a Foreign Worker for Employment in the US?

As a key part of the US immigration process, sponsoring a foreign worker for employment involves several steps and can be a lengthy process. This guide aims to break down the key stages and expected timelines for employers who wish to hire foreign workers legally.

Step 1: Employer Sponsorship

Before a foreign worker can be sponsored for employment, the employer must secure approval from the US government to hire foreign workers. This process is lengthy and costly due to the rigorous requirements. On average, it can take several months for an employer to obtain this approval. Key steps include:

Appointing a Labor Certification Application (LC-180): The employer must file a PERM Labor Certification application with the Department of Labor (DOL). This application is to demonstrate that the job cannot be filled by a US worker on prevailing wage rates and working conditions. Evaluation of the Job Posting: If the application is approved, the employer must advertise the job in several local newspapers and online job boards for at least 21 days. The application process itself can take around 10 weeks.

Step 2: Worker Visa Application

Once the employer has secured the necessary approvals, the foreign worker must then apply for a visa at the US Embassy or Consulate in their home country. This step can be further complicated by additional requirements and can take several months:

Appointment at the Embassy or Consulate: The visa applicant needs to schedule an appointment and present all required documents. Medical Examinations and Vaccinations: The applicant must undergo a medical examination and vaccinations to confirm they are in good health and free from certain communicable diseases. Attend Interview with Visa Officer: A visa interview is conducted to verify the applicant's eligibility and honesty. Processing Time: The entire process, from appointment scheduling to visa issuance, can take anywhere from 6 to 8 months.

Step 3: Finalization of the Application

Once the visa is issued, the foreign worker can enter the US and begin their employment. Additional steps may be required for the employment authorization document (EAD) and for creating a new I-9 form to prove their employment status.

Conclusion

In summary, sponsoring a foreign worker for employment in the US can be a complex and time-consuming process. On average, it can take over six months for a foreign worker to be sponsored and begin their employment in the US. By breaking down the process and understanding the key steps, employers can better prepare for the requirements and timelines involved in the sponsorship process.