Hiring global talent is a strategic move for many businesses in Virginia, especially those struggling to find qualified U.S. workers for specialized roles. However, sponsoring a foreign worker involves strict legal procedures, government filings, and precise timing.
If you’re an employer in Virginia considering sponsoring a foreign national for employment, this guide walks you through every step. With insights based on real-world experience in immigration law, you’ll learn how to stay compliant while expanding your workforce legally and efficiently.
Why Sponsor a Foreign Worker?
Many industries in Virginia—from healthcare and tech to construction and hospitality—face persistent labor shortages. When qualified U.S. workers are unavailable, employers turn to employment-based immigration as a solution.
Sponsoring a foreign worker helps your business grow and allows talented professionals to contribute to the U.S. economy legally and in the long term.
Who Can You Sponsor?
In most cases, you can sponsor a foreign worker for either:
- A temporary work visa (like H-1B, L-1, O-1)
- A green card through an employment-based immigrant petition (EB-1, EB-2, EB-3)
The worker must meet specific education, experience, and skill-level requirements, and your company must be willing to file the necessary paperwork and meet Department of Labor and USCIS standards.
Legal Checklist: How to Sponsor a Foreign Worker in Virginia
Sponsoring a foreign national is not a single-step process—it’s a legal journey that must be approached methodically. Here’s what Virginia employers need to do:
1. Identify the Right Visa or Green Card Category
The first step is determining whether the position qualifies for a temporary visa or a permanent green card.
Common categories:
- H-1B: For specialty occupations (requires at least a bachelor’s degree)
- L-1: For intracompany transferees
- O-1: For individuals with extraordinary ability
- EB-2/EB-3: For long-term employment and permanent residency
Choosing the right visa depends on the worker’s background and your hiring needs. Immigration law is nuanced, and selecting the wrong category can lead to delays or denials.
2. Verify Job Requirements and Wage Compliance
Before filing anything, confirm that:
- The job meets visa-specific qualifications
- Your business will pay the prevailing wage for the position, as required by the Department of Labor
The wage level is determined based on the job title, location (Virginia), and required experience or education. Paying below this wage risks noncompliance and petition denial.
3. File for a Labor Condition Application (LCA) or PERM Labor Certification
- For temporary visas (like H-1B): You must file a Labor Condition Application (LCA) with the U.S. Department of Labor.
- For green card sponsorship (EB-2/EB-3): You must undergo PERM labor certification, proving that no qualified U.S. workers are available.
This step includes a recruitment process, advertising the job locally, and maintaining detailed records.
4. Submit the Petition to USCIS
Once your LCA or PERM is approved, the next step is to file a petition with U.S. Citizenship and Immigration Services (USCIS).
- For temporary visas: Submit Form I-129
- For green cards: Submit Form I-140
Each petition must include:
- A detailed job description
- Proof of qualifications and education
- Company financials (to show ability to pay the offered wage)
- Evidence of a legitimate employer-employee relationship
If done improperly, USCIS may issue a Request for Evidence (RFE) or deny the petition outright.
5. Track Visa Bulletin and Priority Dates (Green Cards Only)
For green card cases, the worker must wait until their priority date becomes current under the Department of State’s Visa Bulletin before proceeding with adjustment of status or consular processing.
This is especially important for workers from countries with high demand, where backlogs are common.
6. Support Adjustment of Status or Consular Processing
Once the visa petition is approved and the priority date is current, the sponsored worker can:
- Adjust status in the U.S. (if they’re already here)
- Or go through consular processing abroad
You may need to help them gather additional documents, respond to government notices, or prepare for interviews.
Key Considerations for Virginia Employers
Compliance
Employers must remain compliant with:
- Department of Labor (DOL) wage and recruitment regulations
- USCIS petition accuracy and documentation rules
- IRS and E-Verify employment eligibility laws
Timelines
Filing timelines vary depending on the visa category. For example:
- H-1B petitions must follow the annual lottery system
- PERM and I-140 approvals for green cards can take months to years
Start early and plan around your hiring cycle.
Legal Representation
While sponsoring a worker without legal help is possible, one error can cost months or even years. A skilled immigration attorney ensures that every form, wage determination, and filing meets government standards.
Mistakes That Can Delay Sponsorship
Even large businesses sometimes fall into traps that slow the process or result in denial:
- Failing to advertise properly under PERM rules
- Offering below-prevailing wage
- Inaccurate or vague job descriptions
- Using outdated forms or documentation
- Assuming the process is fast or simple
Every detail matters. Hiring international talent requires patience and legal precision.
Final Thoughts
Sponsoring a foreign worker is a meaningful commitment for your business and the individual whose future may depend on your offer. It can lead to a strong, loyal workforce and long-term growth if done correctly. As a Virginia immigration attorney, I help employers navigate the legal checklist from beginning to end, ensuring each step is clear, compliant, and strategic. If you’re ready to explore your options, make sure your company is fully informed and prepared.
