Employee Relocation
20 mins read
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Published on:
Jun 22, 2025
Updated on:
Jun 22, 2025
Our Employer of Record (EOR) solution makes it easy to hire, pay, and manage global employees.
Book a demoEmployers increasingly rely on international talent to remain competitive. Whether it’s hiring a specialized software engineer, a healthcare professional, or a manufacturing expert, access to global talent has become a core business advantage.
But with global hiring comes complexity particularly when it comes to immigration and employment law. Sponsoring a work visa for a foreign national requires careful planning, adherence to legal requirements, and ongoing compliance.
This guide breaks down the process of sponsoring a work visa step by step, from understanding visa types to legal eligibility and timelines. Whether you’re a startup hiring your first international employee or an enterprise expanding into global markets, this guide will help you navigate the immigration system confidently and compliantly.
Hiring international talent can be transformative for companies seeking specialized skills, diverse perspectives, or hard-to-fill roles. However, for foreign nationals to legally work in another country, they typically need more than just a job offer, they require a valid work visa, often supported by a sponsoring employer.
Visa sponsorship serves as the legal mechanism that connects global talent with local labor markets, ensuring both regulatory compliance and lawful employment. It enables companies to access a broader talent pool while adhering to immigration and labor laws. Understanding how work visas operate — and why sponsorship is critical — is essential for any employer aiming to build a globally competitive and compliant workforce.
A work visa is an official authorization granted by a government that allows a foreign national to enter, reside, and legally work in the host country for a specific employer. These visas are typically tied to the sponsoring employer, meaning the visa holder cannot legally work for another company unless their visa status changes.
Work visas are broadly categorized into temporary (non-immigrant) and permanent (immigrant) classifications. Each type has its own criteria, application process, and duration of stay. For most employers, sponsoring a work visa involves both compliance with immigration rules and active participation in the application process.
Visa sponsorship is not just a legal formality, it’s a business enabler. It allows companies to access a broader talent pool and fill roles that domestic candidates may not be able to meet, either in terms of volume or specialization.
Sponsorship also signals a commitment to supporting international professionals in their career development. For growing companies competing in sectors like technology, healthcare, finance, or academia, offering visa sponsorship can be a key differentiator in attracting high-caliber talent.
However, it comes with responsibilities. Employers must ensure that the role, salary, and working conditions meet both the requirements of the visa type and relevant labor regulations.
For many foreign workers, employer sponsorship is the primary gateway to building a career in a new country. It determines their legal ability to stay and work, and in some cases, it’s the first step toward permanent residency or citizenship.
Because visa status is tied to employment, any change in job status can affect a worker’s ability to remain in the country. This is why clear communication, fair employment practices, and legal compliance are essential, not just for risk management, but for ethical employer conduct.
Hiring internationally often means helping your future employees navigate complex visa systems. Work visas vary significantly by country, job type, and whether the role is intended to be temporary or permanent. For employers, choosing the right visa is more than a legal formality, it shapes your hiring timeline, costs, and compliance obligations.
Most countries categorize work visas based on duration and skill level. In the United States, for example, common employment-based visas include the H-1B for specialty occupations, L-1 for intra-company transfers, O-1 for individuals with extraordinary ability, and EB-2 or EB-3 green card pathways for permanent roles. Other countries, like the UK, use skilled worker visa schemes, while Canada operates under points-based systems and employer-specific work permits.
In most countries, work visas fall into two primary categories: temporary (non-immigrant) and permanent (immigrant). Temporary work visas authorize foreign nationals to work for a specific employer for a set period, usually tied to the length of a contract or a project. These include visas like the H-1B in the United States, the Skilled Worker visa in the UK, and subclass 482 (TSS) in Australia. These visas often limit employment to a single sponsoring company and may have renewal restrictions.
Permanent work visas, on the other hand, are designed for longer-term employment and often lead to permanent residency. Examples include the EB-2 and EB-3 immigrant visa categories in the U.S., Canada’s Express Entry system, and Germany’s EU Blue Card, which offers a path to long-term residence for highly skilled professionals.
There are also specialized visa types, such as the O-1 visa for individuals with extraordinary ability, the L-1 visa for intra-company transfers, and investor or entrepreneur visas like the E-2 visa in the U.S. or the Start-up visa in the Netherlands Each has unique requirements regarding skills, income, and job duties.
Understanding which visa aligns with an employee’s profile and your strategic hiring objectives can be complex, especially when scaling internationally. Rivermate’s Visa Support service helps employers assess visa eligibility, select appropriate visa categories, prepare documentation, and manage the entire visa application process across 90+ countries. The service encompasses both temporary and permanent work visas, including family sponsorship schemes, ensuring compliance with local labor and immigration laws.
The H-1B visa is one of the primary mechanisms U.S. employers use to hire foreign professionals in “specialty occupations,” which typically include fields such as technology, engineering, finance, and healthcare. To qualify, the position must require theoretical and practical application of specialized knowledge and at least a bachelor’s degree or its equivalent in a directly related field.
H-1B visas are employer-specific, meaning beneficiaries may only work for the petitioning employer unless they change or amend status through another petition. Annually, the U.S. government imposes a statutory cap of 65,000 new H-1B visas, with an additional 20,000 available for individuals holding U.S. master's or higher degrees (see, Immigration and Nationality Act (INA) §214(g)(5)(C)). The selection process is conducted via a computer-generated lottery and is subject to strict timing and documentation requirements.
Before filing the H-1B petition with U.S. Citizenship and Immigration Services (USCIS), employers must first obtain a certified Labor Condition Application (LCA) from the U.S. Department of Labor. The LCA affirms that the employer will pay the required wage rate and that employment of the foreign worker will not negatively impact the working conditions of U.S. workers. While LCA certification typically takes around seven business days, overall petition processing by USCIS may span several months, though premium processing (Form I-907) can reduce the adjudication time to 15 calendar days.
For employers navigating the H-1B process for the first time, or seeking to reduce compliance risks, external partners such as Rivermate can offer tailored assistance, from LCA compliance to strategic planning for cap-subject petitions. Though the H-1B framework is procedurally intricate, with the right legal and administrative support, it can become a streamlined and sustainable component of a global talent acquisition strategy.
Work visas typically fall into two categories: temporary (non-immigrant) and permanent (immigrant or long-term residency). Temporary work visas allow foreign nationals to live and work in the host country for a limited time. These are ideal for project-based roles, internships, or positions that don’t require long-term relocation. Common examples include H-1B, L-1, and O-1 in the U.S., and Tier 2 visas in the UK.
In contrast, permanent work visas are geared toward long-term employment relationships and usually offer a path to permanent residency or citizenship. U.S. green card categories like EB-2 and EB-3 fall under this umbrella, requiring employers to complete a labor certification process and demonstrate that no qualified domestic workers were available for the role.
Choosing between a temporary or permanent visa should align with your company’s workforce planning. If you’re hiring to fill a short-term gap, a non-immigrant visa may suffice. But for strategic roles or positions where long-term retention is critical, beginning with a permanent visa track, or at least planning for future adjustment, may be more effective.
Before initiating the sponsorship process for a foreign national, employers must understand that sponsoring a work visa is more than a one-time filing, it’s an ongoing legal and operational responsibility. From compliance with immigration regulations to maintaining accurate documentation, the employer becomes a legal stakeholder in the foreign national’s ability to live and work in the country.
It’s critical to assess whether the role in question genuinely qualifies for sponsorship under the relevant visa category. Each visa type has specific requirements in terms of job level, salary, and qualifications. Additionally, employers should evaluate their internal readiness to support visa processes, which often involve government audits, renewals, and strict reporting obligations.
Budget also matters. Visa sponsorship typically includes government filing fees, legal costs, and sometimes relocation assistance. These costs can vary significantly depending on the visa type and the country. Businesses should plan not just for initial costs, but for ongoing maintenance of the visa and any potential future transitions, such as extending the visa or converting it to permanent residency.
Not every business is automatically eligible to sponsor a foreign worker. Most countries require that the employer be a legally registered entity in good standing, with a valid tax ID and a verifiable operational presence. In the U.S., for example, the employer must have a valid Federal Employer Identification Number (EIN) and demonstrate the ability to pay the required wage to the sponsored employee.
In addition to legal and financial standing, some visa types may require proof that the employer is offering a legitimate job that cannot be readily filled by a local worker. For example, in the U.S. H-1B process, the position must be a “specialty occupation,” typically requiring a bachelor’s degree or higher in a specific field.
Startups can sponsor visas, but they must provide documentation that demonstrates sufficient funding, client contracts, or financial stability. Immigration authorities may require evidence such as bank statements, pitch decks, or letters from investors.
Immigration laws vary dramatically across jurisdictions, and they change frequently in response to political, economic, or labor market shifts. Employers must stay informed about the specific requirements that apply to each visa category in the countries they are hiring in.
For example, some countries enforce labor market tests before allowing foreign hiring, requiring proof that local candidates were considered first. Others impose quotas, nationality-based restrictions, or mandatory language requirements. Even within a single visa category, requirements may shift based on country of origin, industry, or applicant qualifications.
Employers that fail to comply with these regulations risk not only the denial of visa applications but also fines, audits, and reputational damage. For this reason, many companies partner with immigration attorneys or use structured visa support platforms to ensure that every stage of the process meets the latest legal standards.
In countries like the United States, the Department of Labor (DOL) plays a central role in protecting local job markets and setting conditions for legal foreign employment. For H-1B and PERM (green card) applications, the employer must first file a LCA or complete a Labor Certification process through the DOL.
This process verifies that the employer is paying at least the “prevailing wage” for the job in the region and that employing the foreign worker will not adversely affect the wages or working conditions of similarly employed U.S. workers.
Employers are required to post notices internally about the intent to hire a foreign worker and maintain a public access file with wage and compliance details. Failure to comply with DOL regulations can result in penalties, application denials, or restrictions on future sponsorship eligibility.
The DOL’s role serves as a critical checkpoint in the visa process, making it essential for employers to understand the wage, job classification, and compliance standards tied to the visa they are sponsoring.
Sponsoring a work visa is a structured legal process that requires coordination between the employer, the employee, and immigration authorities. While procedures vary by country, the overall process typically involves several common steps: confirming eligibility, preparing the job offer, filing the appropriate government petitions, and supporting the employee’s visa application.
The first step is identifying which visa category best fits the role and the candidate’s background. This decision will determine both the legal path and the required documentation. Once the category is selected, the employer prepares a formal offer and begins compiling paperwork, usually including job descriptions, salary information, proof of business registration, and legal attestations.
The employer then submits the sponsorship petition to the relevant government agency, such as United States Citizenship and Immigration Services (USCIS) in the U.S. or the Home Office in the UK. If approved, the candidate may then apply for the visa at their local consulate or through a change of status if they are already in the country.
Clear communication and careful documentation are key at every stage. Errors or omissions can delay approval or result in outright denial, so employers should approach the process with precision and, where necessary, seek legal or professional visa support.
Once an employer has decided to sponsor a candidate, the sponsorship process follows a defined series of actions:
Evaluate the role and visa fit: Make sure the job meets the visa requirements in terms of skills, compensation, and scope.
Prepare legal and corporate documents: This includes proof of company registration, tax status, financial health, and wage levels.
Submit the sponsorship petition: File the appropriate forms with immigration and labor authorities. In the U.S., for example, this includes submitting Form I-129 and the Labor Condition Application.
Assist the employee’s visa application: Once the petition is approved, the candidate submits their visa application and attends a consular interview or requests a change of status.
Onboard the employee: After visa issuance, the employer completes hiring and onboarding while ensuring immigration records are properly stored and maintained.
This process can take anywhere from a few weeks to several months, depending on the country and visa type. Consular processing may add additional delays, particularly if background checks or interviews are required.
The documentation needed for visa sponsorship varies depending on the visa type and jurisdiction, but employers should expect to provide a combination of business credentials, job details, and employee-related records. Common requirements include:
In some cases, additional documents such as organizational charts, company marketing materials, or investor letters may be needed, especially for startups or new entities.
Employees will also need to submit educational transcripts, identification documents, and any required professional licenses or certifications.
The timeline for work visa sponsorship varies based on country, visa type, and processing volume. As a general rule, employers should allow 3 to 6 months from initiation to start date, though certain expedited services can reduce this.
For instance, the U.S. H-1B process includes a lottery in March, with results and application filings typically running through June. Start dates, if approved, begin in October. Employers can opt for premium processing to receive a response within 15 days, but this incurs additional fees.
In countries like Canada or the UK, skilled worker visas can often be processed in 4 to 8 weeks if documentation is complete and no labor market test is required. The EU Blue Card in Germany may take slightly longer, particularly for initial applications.
Employers should also build in time for document collection, legal review, and any required third-party services such as credential evaluations or translations. Delays are common when supporting documentation is missing or inconsistent, so front-loading preparation is essential to staying on track.
Navigating visa sponsorship without legal guidance can be risky, especially when working across multiple countries or visa categories. Immigration laws are nuanced, and a minor oversight can lead to delays, denials, or even penalties. This is where immigration attorneys play a critical role.
An immigration attorney advises employers and foreign workers throughout the sponsorship process, ensuring every step complies with local immigration laws. They assist in selecting the appropriate visa type, preparing required documentation, and responding to requests or audits from government agencies. They also advise on risk mitigation, long-term planning (such as green card sponsorship), and any changes to employment that may affect visa status.
While many HR teams can handle routine filings, legal experts are particularly valuable when a case involves unique circumstances, such as employees with dual citizenships, previous visa denials, or employer structures that require more extensive proof of legitimacy (e.g., startups or multinationals with complex ownership).
The ideal time to consult an immigration attorney is before initiating the sponsorship process, preferably when evaluating the candidate’s eligibility and selecting a visa category. Early legal input reduces errors and ensures that your application strategy aligns with both short-term hiring needs and long-term talent planning.
Employers should also seek legal counsel in the following scenarios:
Working with an attorney from the beginning ensures smoother handling of documentation, proper filing timelines, and fewer surprises during review stages. In more complex visa cases, it can mean the difference between approval and rejection.
Immigration attorneys offer strategic support to employers navigating the legal complexities of hiring foreign talent. They assess job roles, candidate qualifications, and long-term goals to recommend the most suitable visa path, whether a temporary visa like the H-1B or a permanent option such as the EB-2. They also prepare and review all filings, including petitions and labor condition applications, ensuring consistency and accuracy to prevent delays, Requests for Evidence, or denials.
Beyond individual cases, attorneys manage more complex matters like audits, role changes, or green card transitions. They ensure ongoing compliance through timely amendments and monitor priority dates and visa backlogs. For employers sponsoring multiple workers, legal counsel helps build scalable, compliant processes that reduce administrative burden and support international growth.
While temporary work visas are useful for filling immediate needs, many employers eventually seek to retain foreign workers on a more permanent basis. This is especially true for highly skilled or hard-to-replace employees whose contributions are vital to long-term business success.
In many countries, there are formal pathways that allow foreign workers to apply for permanent residency, often with employer sponsorship. These pathways generally require the worker to maintain legal employment for a set period, meet salary or skill benchmarks, and receive formal support from their sponsoring company.
Offering permanent residency support not only enhances retention but also strengthens the employer brand in global markets. Candidates are more likely to accept and remain in roles where long-term immigration stability is supported.
Employers should begin planning for permanent residency early, ideally during the initial visa sponsorship process. Delaying may lead to gaps in eligibility or require the employee to restart paperwork from scratch.
In the United States, employer-sponsored green cards fall under the employment-based (EB) visa categories: EB-1, EB-2, and EB-3. These offer long-term residency rights and a pathway to U.S. citizenship for eligible workers and their immediate families.
Each category has its own criteria:
The green card process generally involves three steps: labor certification through the Department of Labor (PERM), an immigrant petition (Form I-140), and an adjustment of status or consular processing (Form I-485). Wait times vary depending on the employee’s country of origin and the visa bulletin priority date.
Employers sponsoring a green card must be prepared for a multi-year commitment. However, this investment often pays off through improved retention, reduced turnover, and greater employee satisfaction.
Employment-based visa applications typically follow a multi-step process designed to ensure that U.S. jobs are filled by qualified domestic workers unless none are available. For most categories (particularly EB-2 and EB-3), this begins with labor certification, where employers must demonstrate to the Department of Labor that no qualified U.S. workers are available for the position.
Once labor certification is approved, the employer files Form I-140 with U.S. Citizenship and USCIS, establishing the worker’s eligibility for an employment-based green card. The final step is the employee's adjustment of status (if they are in the U.S.) or consular processing (if they are abroad), which can only proceed when a visa number is available according to the Visa Bulletin.
Each step has stringent legal requirements, and errors or omissions can lead to delays or denials. Notably, some categories like EB-1 and National Interest Waiver (EB-2 NIW) do not require labor certification. Employers are advised to use HR information systems (HRIS) or other compliance tools to organize documentation and track timelines. Seeking legal guidance is crucial to navigate risks, especially in complex or high-volume cases.
Navigating global visa sponsorship requires precision, compliance, and expert support. Rivermate helps employers streamline every stage of the process, from assessing visa eligibility to managing filings and ensuring ongoing compliance across 90+ countries.
Contact Rivermate to transform complex immigration procedures into a seamless part of your global hiring strategy.
Founder & Managing Director
Lucas Botzen is the founder of Rivermate, a global HR platform specializing in international payroll, compliance, and benefits management for remote companies. He previously co-founded and successfully exited Boloo, scaling it to over €2 million in annual revenue. Lucas is passionate about technology, automation, and remote work, advocating for innovative digital solutions that streamline global employment.
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