How to Get Employee Visas Through US Entities: A Guide For Employers

Building strong teams in the United States is critical to success. However, most companies are struggling to fill positions due to the ongoing talent shortage.

A global hiring strategy can help secure the skills you need. By looking overseas, you can access a wider candidate pool and a more diverse range of expertise. There’s less likelihood you’ll get pulled into a bidding war for talent in the process.

While hiring abroad is an effective strategy, relocations come with their own set of challenges. You have to navigate the complex US immigration system to sponsor candidates and support them through the visa process.

If you can’t handle visas efficiently, you might miss out on opportunities for great talent.

Partnering with a top immigration provider like Deel can help you launch your global hiring strategy. You can get employee visas through your US business and relocate workers without overextending your team. Read on to see what the process should look like and which problems Deel can solve.

1. Research the visa options

Look at what’s available to understand the best visa options for your organization and its employees.

The US Citizenship and Immigration Service (USCIS) provides multiple routes into the country for foreign specialists. Most of them require either sponsorship or support from a legal entity.

• O-1: A visa for those in the top percentage of their field. It requires extensive proof of the applicant’s outstanding abilities and achievements but grants them entry for up to three years
• L-1: This visa is for intracompany transfers either in managerial roles or with specialist knowledge. Successful applicants can stay for up to three years
• H1-B: Workers with a bachelor’s degree or equivalent are eligible for this three-year visa. While the eligibility criteria are more lenient than other categories, USCIS limits the number of visas
• TN: The Trade NAFTA (TN) visa is available to Mexican and Canadian workers in specific professions. It has a simple application process compared to some alternatives and lasts up to three years
• E-2: Also known as the Investor Visa, the E-2 allows individuals to enter the US to manage businesses they partially own or control. The investments must lead to job creation or contribute to the economy

Some visa categories are likely to suit your organization better than others. For example, you may already have the talent you require abroad in which case you’d choose the L-1.

There’s no need to stick to one type, though. You can take a mix-and-match approach and choose visas based on what’s best for a specific candidate.

That’s why it’s crucial to partner with an immigration provider that covers a wide range of US visas like Deel. You can handle applications for every category, so you never miss out on a great hiring opportunity. Plus, the Deel immigration team can help you compare the options and choose the best visa for the circumstances.

2. Look ahead to residency options

See how you can support workers on their journey to becoming US citizens. Some candidates may be more inclined to choose your company if permanent residency is an option.

USCIS offers several employment-based Green Cards. The application process is generally longer and more arduous than for a nonimmigrant visa. Workers tend to enter the country on a standard work visa and then apply to change their status.

The payoff is worth it — successful applicants can live and work in the US permanently.

Many Deel customers opt for the EB-2 National Interest Waiver (NIW), which is open to anybody with an advanced degree and exceptional abilities in their field.

Employees can self-petition for the EB-2 NIW, but they’re likely to need support. They must submit a proposal with supporting documents explaining how their work would benefit the US. Deel Immigration can assist your workers with the proposal by advising them on what to include and helping them compile the paperwork.

3. Meet sponsorship requirements

Check you’re ready to sponsor workers so there are no delays to applications while you resolve issues. US employers only have to meet a few requirements to be eligible:

Here’s what USCIS will look for in your petitions:

• A legal entity: You must have an officially registered business, such as an LLC or corporation, to sponsor workers
• A valid address: As part of the incorporation process, you must arrange a valid US address. Entities that only appear to exist on paper are usually unable to sponsor visas
• An Employer Identification Number (EIN): All employers must have a unique EIN number issued by the IRS to hire or sponsor workers
• Proof of good standing: Your business must have a clean record with no outstanding debts or criminal charges
• Evidence of financial solvency: Most applications ask for financial details like your net income or profit to see whether you can pay the offered salary

Are you in the early stages of establishing a presence in the US? Deel can guide you through the entity setup process and handle all the paperwork.

The US doesn’t require you to get a sponsorship license, unlike many other countries. Proof of your legitimate business status is sufficient. Rest assured that Deel can help you obtain your sponsorship license if you’re hiring in other jurisdictions besides the US.

4. Meet visa requirements

See what’s typically required from applicants across various US work visas. It makes it easier to filter candidates when you’re deciding who to hire or relocate.

Suppose you’ve got a talented employee who doesn’t quite meet the visa criteria. You can then support them in getting the right qualifications or experience to relocate later. For example, many foreign specialists don’t have a diploma equivalent to a US degree but only need to take a few courses to make up the difference.

Here’s what USCIS generally asks for from US applicants:

• A valid travel document
• Proof of qualifications (namely, a university degree)
• Proof of experience, such as references and a resume
• A clean criminal record
• A clean bill of health

Some US work visas require a Permanent Labor Certification (PERM) from the US Department of Labor (DOL). The document attests there are no eligible candidates for the position already within the country.

There are several steps to the process:

1. Determine the minimum requirements for the role
2. Request the salary from the National Prevailing Wage Center (NPWC)
3. Advertise the role within the United States
4. Register an account and submit a PERM application

Deel Immigration can verify your candidate qualifies for a work visa before you make a job offer. All you need to do is enter your details in the eligibility checker on the platform. Once you’ve got confirmation, we can advise you on how to prove you meet the requirements and prepare the necessary paperwork.

5. Streamline the visa application process

Understand what’s expected from you during the application and how you can streamline the process. Also, look for opportunities to support candidates with their responsibilities to reduce their anxiety and increase their chances of success.

Here’s a list of the typical tasks involved:

• Completing and submitting petitions
• Paying any filing fees
• Compiling all the supporting documents
• Assisting the worker with their forms
• Arranging checks and interviews
• Monitoring the process of the application
• Handling any requests for extra information

Applications are often the most demanding aspect of the US visa process. Supporting employees with their tasks only adds to your team’s administrative burden. That’s especially so if they’re still abroad and you’re coordinating with them from afar.

The process becomes more complex as you handle more candidates. Although US visas often have similar requirements, they’re all likely to be different. Details like the worker’s age, nationality, and educational background can affect the application. You can’t just memorize one procedure and repeat it.

Deel can take care of the entire process. We can provide candidates with a checklist of supporting documents with detailed instructions. Once they’ve gathered all the necessary paperwork, they can upload it to our centralized system where it’s easily accessible.

Sometimes, documents run out. You can add an expiry date to any files on the Deel system and receive a warning when you need to update them.

6. Stay updated with US immigration

Monitor the news for upcoming changes to US immigration policies. Unexpected new laws might affect your international hiring, so you need as much time as possible to prepare.

For instance, USCIS recently raised the processing fees for many visa applications. US employers only had two months to factor the extra costs into their hiring budget. No doubt, many had to postpone plans or cut back on sponsorships.

Staying proactive gives you more time to re-strategize. Deel updates all our customers about the latest regulations via our Compliance Hub. We give a simple breakdown of the news so everyone understands how it might impact their business.

As well as uncovering potential issues, Deel can indicate opportunities for your business. We update you whenever USCIS lowers fees, increases quotas, or relaxes the eligibility criteria for various categories.

For example, did you know USCIS introduced lower fees for those submitting forms electronically?

7. Develop a global mobility strategy

As you hire more workers from abroad, look at ways to standardize the process. You can streamline the entire operation and offer candidates a more consistent experience.

The best way to standardize international hiring is to develop a global mobility strategy. This involves defining all your policies, practices, and procedures related to relocations. Instead of managing visa sponsorships on an ad-hoc basis, you already have a process in place.

Deel’s team of mobility experts can help you create policies. You can store these on our system so they’re easily accessible to employees. That way, anyone interested in relocating to the US can see whether they’re eligible and what they’d need to do.

Transparency helps workers understand the rationale behind your relocation offers. They’re more likely to feel as though they’re being treated fairly and maintain their trust in your company.

Becoming more intentional about overseas hiring allows you to manage talent more effectively. You can look at upcoming projects and spot skills gaps. You can explore the best ways to source this expertise and prepare for sponsorship and relocations using these insights.

Looking for insights? Deel provides a wealth of resources on the best places to hire globally. For the latest rankings by country, download our State of Global Hiring Report or our Guide to Relocating Employees.

Check an eye on our events page for live sessions filled with hiring and sponsorship tips.

Simplify the entire US visa process with Deel

Building strong teams in the US is key to success. The problem is putting the right people in the right places when the country has such complex and uncertain visa processes.

Outsourcing immigration to Deel means you get all the benefits of global mobility without the high costs and administrative burden. You can easily relocate workers to the US when you need to and fill critical roles.

When you partner with Deel Immigration, you can expect:

• Support with a range of US visas and residency permits
• Instant eligibility checks
• Consults for interviews, proposals, and more
• Centralized document storage to keep supporting papers organized
• Visa-compliant employment contracts
• Progress tracking via the dashboard
• Alerts and reminders about renewals
• Updates about changing visa requirements and processes

Want support with your global hiring strategy? Schedule a meeting with Deel to learn more about our immigration services.