Sponsoring a foreign employee who is transitioning from a student visa involves several important steps. Firstly, determine the visa type that suits their situation and the role you are offering. Common options include the H-1B visa for specialty occupations, the O-1 visa for individuals with extraordinary ability, or the TN visa for Canadian and Mexican citizens under NAFTA, if applicable.
Here’s a step-by-step guide:
Job Offer and Labor Condition Application (LCA): You need to offer a formal job and file an LCA with the Department of Labor (DOL), certifying that you will pay at least the prevailing wage and the working conditions are acceptable.
File a Petition: Submit a Form I-129 (Petition for a Nonimmigrant Worker) to the U.S. Citizenship and Immigration Services (USCIS) to change the employee’s status from a student to the work visa you seek.
Wait for Approval: Upon approval of the petition by USCIS, the foreign worker may need to visit a U.S. embassy or consulate to obtain their visa, unless they are eligible to adjust their status without leaving the country.
Compliance and Record Keeping: Maintain compliance with all visa conditions and keep detailed records of employment terms, duration, and attestations required for the visa category.
Future Steps and Extensions: Plan ahead for any extensions or applications for permanent residence if you wish to employ them beyond the initial visa period.
Engaging with an immigration attorney can be beneficial to navigate complex immigration laws and ensure all procedures are correctly followed. This proactive approach will help secure the employee’s visa smoothly and legally.