Learn how family members and employers can support immigrants in getting U.S. visas or green cards.
What is Visa Sponsorship?
Visa sponsorship is when a person or organization in the U.S. agrees to support a foreign national’s application for a U.S. visa or green card. The sponsor helps by providing the necessary paperwork and assurances to the U.S. government. The sponsor must also make sure that the immigrant follows U.S. immigration laws and regulations.
Different types of U.S. visas and green cards need sponsorship. This includes work visas, family visas, and temporary work visas. The exact requirements vary depending on the type of visa.
Navigating U.S. immigration laws can be tricky, but we’re here to simplify it. Law and Visas has already assisted over 100,000 people through the immigration process, and we can help you too.
Family-based Sponsorship
Eligibility Requirements
In the U.S., a citizen or lawful permanent resident (green card holder) can sponsor certain family members to live in the U.S. Eligible family members may get immigrant visas or green cards, allowing them to join their relatives in the U.S.
There are two main categories for family-based sponsorship:
- Immediate Relative Category
This category is for the closest family members of U.S. citizens, and these relationships are given priority for visa processing. The relationships include:- Spouse of a U.S. citizen
- Unmarried child under 21 years old of a U.S. citizen
- Parent of a U.S. citizen (if the sponsor is at least 21 years old)
- Immediate relatives do not face visa caps or backlogs, meaning their immigration process can proceed faster.
- Family Preference Category
This category includes more distant relatives and is subject to annual visa limits, which can lead to longer wait times. The family preference categories are:- F1: Unmarried sons and daughters of U.S. citizens, and their children
- F2A: Spouses and unmarried children (under 21) of green card holders
- F2B: Unmarried sons and daughters (21 or older) of green card holders
- F3: Married sons and daughters of U.S. citizens, and their spouses and children
- F4: Siblings of U.S. citizens, and their spouses and children (U.S. citizen sponsor must be at least 21 years old)
Process
To sponsor a family member, a U.S. citizen or green card holder must file a petition with the U.S. government. Common forms include:
- Form I-130 (Petition for Alien Relative)
- Form I-864 (Affidavit of Support)
The sponsor must prove their relationship with the immigrant and meet certain financial requirements. After the petition is approved, the family member can apply for an immigrant visa through consular processing or adjust their status if they are already in the U.S.
Family-based sponsorship can be complicated, and extra documentation may be needed depending on the case. Law and Visas is here to guide you through the entire process, from start to finish.
Employment-based Sponsorship
Eligibility Requirements
Employment-based sponsorship happens when a U.S. employer agrees to sponsor a foreign worker for a visa or green card. The employer must show that no qualified U.S. workers are available for the job and support the worker’s application.
There are various types of work visas, each with specific requirements. Law and Visas can help you explore the different visa options.
Process
The employer usually files the necessary forms and documents on behalf of the worker. A common form used is Form I-140 (Immigrant Petition for Alien Worker). The employer must demonstrate that no qualified U.S. workers are available for the position and show proof of the job offer and the worker’s qualifications.
Once the petition is approved, the foreign worker can apply for a visa at a U.S. embassy or adjust their status to become a permanent resident if already in the U.S.
Financial Sponsorship (Humanitarian Programs)
Apart from family and employment-based sponsorship, there are special humanitarian programs that allow individuals or organizations in the U.S. to sponsor immigrants. These programs can be used even if the sponsor is not a family member or employer.
Two key humanitarian programs that accept financial sponsorship include:
- Uniting for Ukraine: For Ukrainian refugees
- Humanitarian Parole Program: For migrants from Cuba, Haiti, Nicaragua, and Venezuela
Financial sponsorship means the sponsor must prove they can support the immigrant financially, using personal income or assets. This ensures the immigrant will not rely on government benefits.
It’s important to note that financial sponsorship does not guarantee approval. The immigrant must still meet all program requirements. Law and Visas offers more details on these programs in our guides.
Frequently Asked Questions
Can I get a U.S. work visa without sponsorship?
Most work visas need an employer to sponsor you. However, there are some exceptions:
- EB-1A Visa: If you have extraordinary ability in your field, you can apply for this visa without employer sponsorship.
- National Interest Waiver (NIW): For exceptional individuals whose work benefits the U.S., you can apply without an employer.
- Self-Employment or Entrepreneurship: If you plan to start your own business, you might qualify for certain visas like the E-2 Treaty Investor Visa.
What are the sponsor’s legal responsibilities?
Family-based sponsors must prove they can financially support the immigrant, ensuring they won’t depend on public benefits. If the immigrant uses government aid, the sponsor may need to repay it. However, sponsors are not responsible for the immigrant’s personal debts or taxes.
Can I sponsor a non-family member?
No, family-based sponsorship only applies to specific relatives. Non-family members, like close friends, cannot be sponsored under this category.
How long are you financially responsible for the immigrant you sponsor?
The sponsor’s responsibility lasts until one of these four events occurs:
- The sponsor or immigrant dies
- The immigrant becomes a U.S. citizen
- The immigrant works in the U.S. for at least 10 years
- The immigrant leaves the U.S. permanently
Does sponsoring an immigrant affect your credit?
Sponsorship doesn’t impact your credit score. It is not reported to credit bureaus, so it doesn’t affect loans or credit assessments.
Can I rescind my sponsorship?
If you want to withdraw sponsorship, it can be difficult and may have legal consequences. If the application is still pending, you may be able to cancel it. If it’s already approved, you’ll need to contact U.S. Citizenship and Immigration Services (USCIS) to formally request withdrawal.
Law and Visas is your trusted partner in navigating the visa sponsorship process. Whether you’re sponsoring a family member, employee, or refugee, we’ll guide you through every step. Start today and get the support you need!
