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What to know about USA Visa Sponsorship
Is it possible for a person, organization, or company to assist someone with their immigration to the US? The process of agreeing to support or sponsor a foreign national’s application for a visa or green card and supplying the required papers to the U.S. government is known as visa sponsorship.
To make sure the sponsored person complies with US immigration laws and regulations, the sponsor has specific duties and obligations. A sponsor may be required for a variety of U.S. visas and green cards, including employment-based, family-based, and some temporary work visas. The particular requirements and processes differ based on the type of visa.
Apple, Microsoft, Intel, and Google are a few major firms that stand out in this aspect, as they annually give thousands of visas to foreigners. The IT and IT-related fields, software developers, operations managers, nurses, engineers, and dentists are some of the professions that are in high demand. Sponsors assist with obtaining an employment visa as well as a work visa.
Who is eligible to sponsor someone? Categories of visa, eligibility, and process of application
Family-based Sponsorship
A U.S. citizen or lawful permanent resident (holder of a green card) may sponsor a family member’s immigration to the country through the family-based sponsorship program.
Therefore, eligible family members can apply for immigration visas or green cards and join their relatives who are citizens or holders of green cards in the United States.
Eligibility Requirements
There are two main groups of applicants for family-based sponsorship under the U.S. immigration system:
1. Direct Relation Group: The following relationships fall under this category, which is only open to a citizen of the United States’ closest relatives:
• A U.S. citizen’s spouse
• An unmarried American citizen’s child under the age of 21
• A U.S. citizen’s parent (if the sponsor is at least 21 years old)
There are benefits associated with being direct relatives, including being exempt from visa backlogs and numerical restrictions. This implies that direct family members can usually move through the immigration procedure more easily and that visas for them are always available.
2. Family Preference Group: Longer waiting periods are typically the consequence of this category, which has a higher number of distant family members and is subject to annual number constraints.
The following are the categories of family preference:
• F1: Single children of citizens of the United States and their young offspring
• F2A: Spouses of legal permanent residents and their unmarried children (under 21)
• F3: Married children of U.S. citizens, and their spouses and minor children;
• F4: Siblings of U.S. citizens, and their spouses and minor children (the U.S. citizen sponsor must be at least 21 years old); • F2B: Unmarried sons and daughters (21 years or older) of lawful permanent residents;
Process of application
The US citizen or lawful permanent resident must submit a petition on behalf of the family member to sponsor them. Forms I-130 (Petition for Alien Relative) and I-864 (Affidavit of Sponsorship) are two of the most often used forms; however, the exact form needed will depend on the beneficiary’s relationship.
A particular salary threshold and a clean record are just two of the qualifying requirements that the sponsor must fulfill in addition to demonstrating the family relationship.
The sponsored family member may apply for an immigrant visa through “consular processing” or adjustment of status to receive a green card if the petition is granted, depending on their location and situation.
it’s vital to remember that the family-based sponsorship process can be complicated, and there might be extra requirements and documentation required for specific situations from visa planning from start to finish, so get started now!
Employment-based Sponsorship
Eligibility Requirements
The process by which a U.S. employer supports a foreign worker for a visa or green card to work or live permanently in the U.S. is known as employment-based sponsorship in U.S. immigration law.
The employer supports the foreign worker’s application for immigration benefits and has the responsibility of proving that there are no competent U.S. workers available for this job.
There are several forms of employment-based visas, and each has its procedures and requirements. You can read more about the most common types of work permits.
Process of application
The employer who is sponsoring the foreign worker under employment-based sponsorship is usually in charge of sending the necessary documents, supporting files, and payments to the US government.
Form I-140, the Immigrant Petition for Alien Worker is one of the forms that is often presented for employment-based sponsorship.
Depending on the type of visa, additional steps in the process include showing that there are no qualified U.S. workers available, showing proof of the job offer, confirming the applicant’s qualifications, and complying to labor market and hiring regulations.
After the application is granted, the foreign worker can apply at an American embassy or consulate for a visa, or if they are already in the country, they can change their status to get a green card.
Financial Sponsorship (Humanitarian Programs)
In addition to sponsorship based on family or job, there is another kind of sponsorship that enables people and organizations to sponsor foreign persons for entry to the United States, even if they are not the sponsor’s family members or workplace.
Some humanitarian initiatives permit financial sponsorship, in which a U.S. individual or organization takes up the program recipient’s expenses. Currently, financial sponsorship is accepted for the following two immigration programs
Support for migrants from Cuba, Haiti, Nicaragua, or Venezuela as part of the new humanitarian parole program for these countries; sponsorship for Ukrainian refugees as part of the Uniting for Ukraine initiative
Financial sponsorship for humanitarian parole programs requires the sponsor to prove that they have the resources. Personal income, assets, or other sources of support to sustain the sponsored person. Humanitarian parole recipients are required by the US government to have the financial means to maintain themselves and any dependents while in the country.
It is imperative to acknowledge that the approval of a humanitarian parole application is not contingent upon financial sponsorship.
The sponsored person must still fulfill all additional requirements for program eligibility and complete the required application process.
Frequently Asked Questions
Can I get a U.S. work visa without sponsorship?
A sponsoring employer usually needed in order to receive a U.S. work visa. However, there are a few specific circumstances in which people can be qualified for a work visa without the need for a company sponsor. Some of these e working permits are:
Innovative Skill (EB-1A): You can be qualified for an EB-1A visa if you have exceptional talent in the arts, sciences, business, education, or athletics. As long as you can demonstrate consistent national or international recognition in your profession, you can self-petition under this category without the help of a sponsoring employer.
National Interest Waiver (NIW): Those with special skills who can show that their work is in the US national interest may be eligible for a National Interest Waiver under the EB-2 category.
Self-employment or Entrepreneurship: You may qualify for specific visa categories, such as the O-1 Visa for people with truly remarkable talent or accomplishments or the E-2 Treaty Investor Visa, if you intend to launch your own business in the United States and can show that it will significantly boost the economy or create jobs for Americans.
What are the legal responsibilities when sponsoring an immigrant?
To keep the intended immigrant from becoming a “public charge,” family-based sponsors are legally required to show that they have the resources to sustain them.
Some public benefits (such as Supplemental Insurance Income, or SSI, and Temporary Assistance for Needy Families, or TANF) that the immigrant used may require repayment to the U.S. government at some point.
Taxes and personal debts of beneficiaries (such as credit card payments, medical bills, or housing fees) are typically not the sponsors’ responsibility.
Can I sponsor a non-family member, like a close friend?
No, not under sponsorship based on family. For immigration purposes, the U.S. government only acknowledges certain types of familial relations.
How long are you financially responsible for the immigrant you sponsor?
The Affidavit of Support for family-based sponsorship terminates only if one of the following four events occurs:
• The beneficiary becomes a citizen of the United States
• The sponsor passes away.
The applicant has worked in the United States for a minimum of ten years. The applicant departs the country permanently.
Does sponsoring an immigrant affect your credit?
Your credit score or credit history is usually unaffected by sponsoring an immigrant. Lenders’ credit evaluations are typically unaffected by sponsorship since the act of sponsoring is not recorded with credit bureaus.
Can I rescind my sponsorship?
Rescinding sponsorship of an immigrant can be a complex matter and may have legal and financial consequences.
The specific process and options for rescinding sponsorship depend on the immigration category and the stage of the sponsorship process. It may be possible to withdraw sponsorship if an application is still pending with the U.S. government.
If an application has already been approved, the sponsor will need to reach out to U.S. Citizenship and Immigration Services (USCIS) directly to submit a formal cancellation request.