Securing Work Visas: A Guide for Employers and Employees

Navigating the U.S. immigration system can feel overwhelming—especially when employment is on the line. For employers seeking to fill positions with global talent and for foreign workers hoping to build a future in the U.S., understanding how to secure an employment-based visa is essential.

Whether you’re an HR manager, a business owner, or a skilled worker with international experience, this guide will help you understand the visa process, your responsibilities, and how working with an experienced employment-based immigration attorney can make all the difference.

What Is an Employment-Based Visa?

An employment-based visa allows a foreign national to live and work in the United States, either on a temporary or permanent basis. These visas fall into different categories depending on profession, experience, employer sponsorship, and more.

Temporary visas, such as the H-1B, TN status (under the North American Free Trade Agreement), O visas (for individuals with extraordinary ability), and P visas (for entertainers and athletes), allow foreign workers to contribute to the U.S. economy for a defined period.

Permanent employment-based immigrant visas—also called EB visas—are grouped into categories:

• EB-1 Visa: For individuals with extraordinary ability, researchers, or executives of multinational companies.

• EB-2 Visa: For professionals with advanced education or those qualifying under a National Interest Waiver.

• EB-3 Visa: For skilled workers, professionals, and even unskilled workers (including EB3 visa unskilled worker pathways).

• EB-4 Visa: For certain special immigrants, including religious workers and some physicians.

• EB-5 Visa: For investors placing significant capital in a targeted employment area to spur economic growth.

Each of these visas requires a specific petition, extensive documentation, and adherence to United States Citizenship and Immigration Services (USCIS) and United States Department of Labor (DOL) regulations.

How to Sponsor a Work Visa: Key Employer Responsibilities

Employers play a central role in the immigration process. Whether you're hiring a software engineer, a college professor, or a corporate executive, you’ll need to understand how to sponsor a work visa or how to sponsor an H-1B visa.

This usually involves:

• Filing a Labor Condition Application (LCA) or Permanent Labor Certification (PERM) with the DOL

• Paying the appropriate fees

• Providing a prevailing wage based on job role and region

• Demonstrating that no qualified U.S. worker is available through proper recruitment efforts

• Submitting a petition (Form I-129 or I-140) to USCIS

Sponsorship also includes ongoing compliance—ensuring proper payroll, avoiding fraud, following contract obligations, and preparing for potential audits or interviews.

What Employees Need to Know

For international workers, securing a job offer is only part of the process. You’ll need to:

• Obtain a passport and required documents

• Review your visa bulletin and priority date (especially for green card cases)

• Understand the difference between adjustment of status (from inside the U.S.) and consular processing (from abroad)

• Gather evidence of your qualifications, such as education, experience, and job skills

Some applicants may qualify for alternative paths, such as a work permit through Deferred Action for Childhood Arrivals (DACA) or a National Interest Waiver if your work benefits the U.S.

Consulting a work visa lawyer or immigration attorney helps ensure the process is done right the first time. Errors in paperwork or misunderstandings about immigration law can lead to delays—or worse, deportation or denial.

Common Challenges in Employment-Based Immigration

Despite growing needs in the U.S. workforce, obtaining an employment visa can be complicated. Common obstacles include:

• Wage or education level disputes

• Long visa wait times and backlogs (especially for EB-3 and EB-2 categories)

• Issues with certification, naturalization eligibility, or labor market testing

• Unexpected denials due to missing information, insufficient evidence, or processing errors

Some employers also misunderstand their obligations, leading to issues with compliance, lien risks, or even legal action under the American Competitiveness and Workforce Improvement Act.

For employees, maintaining valid employment authorization documents (EADs), understanding your rights, and responding to customs or consul interviews can be intimidating without expert support.

How a Work Visa Lawyer Can Help

Navigating employment-based immigration requires more than good intentions—it requires strategy. A qualified work visa lawyer, h1b attorney, or employment immigration attorney can assist with:

• Choosing the correct visa type

• Preparing a thorough petition

• Ensuring training documentation and education records are complete

• Resolving payroll, tax, or contract issues

• Filing mandamus actions if your case is unjustly delayed

• Communicating with USCIS, the National Visa Center, or relevant agencies

Whether you're an employer confused about how do I sponsor someone for a work visa or a foreign national seeking permanent residency through employment, legal guidance improves your odds of approval and minimizes costly errors.

At Gorostiaga Law, we offer H-1B attorney consultations, EB-1 extraordinary ability evaluations, and comprehensive support for employment-based visa processes. Our clients include universities, healthcare organizations, engineering firms, corporations, and individuals from all walks of life.

Final Thoughts: Securing the Future Through Legal Support

As the U.S. continues to face skill shortages, growing unemployment concerns, and evolving policy changes, it’s clear that employment-based immigration plays a crucial role in building a stronger, more innovative economy.

If you're an employer looking to stay compliant and attract top talent—or an individual pursuing a career through immigration to the United States—you don’t have to go it alone.

Gorostiaga Law is here to help you file with confidence, meet every requirement, and move forward—toward opportunity, citizenship, and success.

Need Guidance? Contact us today for a consultation with an experienced employment-based immigration lawyer, H-1B lawyer, or work permit attorney near you.

Let’s turn your workforce goals into reality—one successful visa at a time.