Sponsorship to Work in the United States on the H-1B visa: Who will sponsor me?

The answer is that any company can sponsor an H1B visa if they have a position requiring specialized skills or knowledge they cannot find in the U.S. workforce. However, it would help if you asked these three questions to understand better your chances of getting sponsorship on this visa.

1. Do they fall under the cap for H1B visas?
   1. In FY 2022 season, there were 309,613 applications for the 85,000 visas, which gives you a 27 % chance of winning the H1B visa lottery.
      1. The cap has been reached for the last 20 years.
      2. It has been reached within 30 days in the last seven years.
   2. If they don’t fall under the cap, it is easier to obtain a visa.
2. Do they have the capacity to sponsor a visa?
   1. Multinational organizations are often the best option, as they have large human resource departments with immigration specialties.
   2. The U.S. Department of Labor has a list of employers who have applied for H-1B visas in the past and have been approved. You can find this list on their website : however, remember that this list is not exhaustive and that other employers may sponsor H-1B visas that are not on this list.
      1. If you are attending university in the United States, check your career services office for additional resources, including GoinGlobal and Interstride.
      2. The Department of Labor maintains a list of individuals or corporations who have been disqualified from the approval of petitions to participate in the nonimmigrant program. In addition, willful violator employers are subject to random investigations by the Department of Labor for up to five years from the date the employer is determined to be a willful violator. Be sure to check these lists!
         1. H-1B Willful Violators List
         2. H-1B Debarred Employers List

3. Do they have the willingness?
   1. Although companies can sponsor, they must also be willing to sponsor the visa.
   2. Companies will sponsor positions requiring specialized skills or knowledge they cannot find in the U.S. workforce. If they can readily find candidates from the US, it would be hard to convince them to hire on the H1-B visa.
      1. It is a complex process for them, including filing a Labor Condition Application. Once approved, they must file for the H-1B petition with the U.S. Citizenship and Immigration Services Department.
   3. Universities and affiliates that don’t fall under the cap constraints often have the capacity but not the willingness to sponsor at the bachelor’s and master’s level.

Resources:

H-1B Program | U.S. Department of Labor (dol.gov)

H1B Visa Cap Reach Dates History FY 2000 to 2023, USCIS Data (redbus2us.com)

H1B Database 2023 – Sponsors, Salaries, Approvals, Grades! (h1bgrader.com)

https://www.uschamber.com/co/run/human-resources/sponsor-h1b-visas