Working Abroad: What is Employment Sponsorship?

Employment sponsorship is often the fly in the ointment for plans to work abroad, whether you are a U.S. citizen seeking to work abroad or a non-U.S. citizen who wants to work in the United States. Employment sponsorship means that a hiring company has officially documented the intent to hire a specific foreign national, thus helping that individual get a “place in line” to secure the legal authorization to work (the “jobs visa”).

It can be difficult to find an employment sponsor, but understanding the reasoning behind employment sponsorship and what hoops you’ll need to jump through is a good starting point for securing a job requiring sponsorship.

Why do countries require employment sponsorship?

As you begin researching the requirements for a jobs visa, you may find yourself wondering why the process must be so complicated. In the United States, your ability to receive a work visa will depend on your skill set, the type of job you’re seeking, and the country you’re coming from, and the same is true in other countries. Special visas are available for certain roles, including some that seem highly specific, such as “fashion model of distinguished merit and ability” (that would be the H-1B3 temporary worker visa), or for professional, athletic, and artistic success (the O-1 visa is for “individuals with extraordinary ability or achievement”).

The system may seem like it was designed to keep immigration attorneys in a steady stream of business. However, while it’s certainly lucrative for them, the system is primarily designed to protect jobs for a country’s workers by making it too frustrating for a non-citizen to secure employment. The idea is to incentivize employers to hire citizens and legal residents instead by making the alternative logistically difficult.

Why are employers hesitant to provide sponsorship?

When applying for jobs, you will frequently see notices that sponsorship is not available for specific positions, and job applications will ask you whether you are legally authorized to work in the United States. U.S. citizens, both born and naturalized, are always authorized to work in the U.S., and foreign citizens may obtain an immigration status (work visa) that allows them to legally work.

Asking this question pre-employment is legal, and if a company is unwilling to assist a foreign citizen in obtaining a jobs visa (i.e., providing “sponsorship”), it’s critical for a business to ask this upfront. It is illegal to discriminate against a job candidate because of national origin, ethnicity, immigration, or citizenship status, among many other protected characteristics, but an employer is not required to do the legwork for obtaining that legal status. It’s important to note that though it’s legal for a hiring company to ask this question, the company may not request any documents proving legal authorization to work until a new hire completes the Form I-9, Employment Eligibility Verification, when employment begins.

Employers are often hesitant to provide sponsorship because the process is costly, time-consuming, and has no guarantees. Navigating the visa acquisition process often requires the services of an immigration attorney, and in doing a cost-benefit analysis, the employer may be able to find suitable job candidates who already have the legal authorization to work in the country. To sponsor an employee, an employer must often prove the position cannot or should not be filled by someone who already has legal authorization to work in this country. This process is expensive, and it’s on top of the fee for the visa itself, which can cost hundreds of dollars.

How will having an employment sponsor make moving to another country easier?

If your stars align, however, and you can secure an employment sponsor, your immigration experience will likely be smoother than if you were to go it alone. Your employer will help you navigate Byzantine rules and paperwork and will also be investing in helping you acclimate to your new location. You will likely have guidance in choosing a neighborhood to live in, schools for your children to attend, and support in setting up your new household. In other words, it’s an entirely different level of employee onboarding.

Securing work as an expat—whether you’re seeking career adventures outside the U.S. or are coming to the U.S. from abroad to work—is not an easy task, but if you can obtain an employment sponsor, you’ll be many steps closer to making your dreams come true.

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