23 Jan What is a visa sponsorship?
Employees shouldn’t have to limit themselves when searching for their preferred job. Sometimes, the job title or responsibilities an employee seeks is in a different country, like the US. If a Canadian employee wants to move and work in the US, they cannot simply accept a job offer in a different country and move there seamlessly. They must obtain an employment visa, or more commonly known, work visa, which is the ticket that gives an employee legal access to work and reside as a foreign national in the US.
To procure an employment visa, the employee also needs a sponsor who supports the employee in their mission to obtain their required visa. Commonly, the sponsor will be the employee’s new employer. Their role is to advocate for their new hire, explain how they will add value, and will then sponsor them to move to their country.
Before the application is made to the US Embassy, the sponsor must first send the employee’s application (their qualifications, contracts, employment background etc.) to the United States Citizenship and Immigration Services (USCIS) where they can accept or reject whether the employee is an adequate worker.
If the USCIS accepts, the sponsor can now begin the employee’s application. In this step, the sponsor has the responsibility to demonstrate how the employee is the best option for this particular role. In the US, the government asks the employer to provide the following: why the employee is necessary for the role, why a US citizen cannot meet the needs of this role, and evidence that the employee must live in the US to satisfy the demands of their new position.
These questions will require evidentiary proof along with curated answers from the employer. For example, when the employer stipulates that no other worker in the US can fill the vacant role, they must first post the position for the US public and have no contenders as suitable as the foreign worker. This process will guarantee that no other worker, accept the new foreign worker, can accomplish the responsibilities of the vacant position. It is important for the employer to provide proper evidence because it offers reasonable grounds for their country to accept the employee’s visa.
There are still risks to accepting a job in a new country even if the visa is originally accepted. Once the employee receives a visa and is sponsored by their employer, this employer must continuously be their sponsor. This means, it is legal to retract the visa if they resign, are terminated, or the company fails and closes. The employee’s new life abroad greatly depends on their employment status with their employer/sponsor.
If an employee believes their visa sponsorship is being threatened, KCY at LAW can help find a solution and work to maintain their position as a foreign employee. Please contact KCY at LAW by filling in an online consultation request or contact us by phone at 905-639-0999 to book your consultation today.