You’ve been searching for candidates with critical niche expertise. Or you want to diversify your workforce and bring in talent with global perspectives and experience. Sometimes, the right people to meet your business needs live in another country.
When your plans include relocating employees across borders, you must be prepared to navigate the complex process of meeting immigration requirements and obtaining work visas.
This guide will explore the intricacies of work visa sponsorship to help you better understand the different types of work visas—and who they’re for—as well as what you need to do to hire international employees to work in your home country.
What is work visa sponsorship?
Work visa sponsorship is when an employer supports a foreign national's application to legally work in the host country. This sponsorship typically involves the employer taking on certain responsibilities and obligations to ensure the visa applicant complies with immigration laws and regulations.
The sponsorship process generally requires the employer to demonstrate that they have a legitimate need for the foreign worker's skills and that no qualified domestic workers are available to fill the position. This often involves proving that the job offer is genuine and that the foreign national possesses the necessary qualifications and specialized knowledge for the role.
Work visa sponsorship varies depending on the type of visa and the specific requirements of the host country. However, it typically involves the employer submitting various supporting documents, including details about the company, the job offer and the foreign national's qualifications. The employer may also need to obtain certifications from relevant government agencies, such as the Department of Labor in the United States.
It's important to note that work visa sponsorship is not just a one-time process. Employers often have ongoing obligations to ensure compliance with immigration laws, report any changes in the foreign worker's employment status, and potentially assist with visa renewals or applications for permanent residency.
“We maintain a tracker to see the upcoming visa expirations. And when we see a visa is expiring within the next three months, we reach out to the client to tell them that there is an upcoming visa expiration, and the visa needs to be renewed,” says Mamatha Chintha, Global Immigration Case Manager at Safeguard Global. “Because in a few countries, when your visa is expired, you'll immediately have to leave—there won't even be any grace period. So we stay on top of that as well.”
Related: What are global mobility services?
Why companies sponsor work visas
Here are several scenarios where you might need to sponsor a work visa:
Expanding into new markets: When a company establishes operations in a new country, they may need to send experienced executives or managers to oversee the expansion. For instance, a U.S.-based tech company opening an office in Singapore might sponsor a work visa for a senior executive to manage the new team and ensure smooth operations.
Filling skill gaps: Sometimes, companies struggle to find local talent with specific skills or expertise. In such cases, they may need to look internationally to fill critical roles. For example, a biotech firm might sponsor a work visa for a foreign researcher with specialized knowledge in a cutting-edge field.
Transferring knowledge: Multinational corporations often need to transfer employees between offices in different countries to share expertise and maintain consistency across global operations. This might involve sponsoring a work visa for an engineer from the company's German office to train the team in their newly established Brazilian branch.
Addressing labor shortages: In industries facing severe labor shortages, companies may need to recruit internationally to meet their workforce needs. For instance, a healthcare provider in a rural area might sponsor work visas for foreign nurses to address local staffing shortages.
Fostering innovation: To stay competitive, companies sometimes need to bring in fresh perspectives and ideas from around the world. This could involve sponsoring work visas for talented individuals with unique skills or experiences that can drive innovation within the organization.
Client requirements: In some cases, clients may specifically request personnel with certain international experience or language skills. A consulting firm might need to sponsor a work visa for a multilingual expert to lead a project for a key international client.
Temporary project needs: For short-term projects requiring specialized skills, companies may sponsor temporary work visas. For example, an oil and gas company might bring in foreign specialists on temporary visas to assist with a complex drilling operation.
By sponsoring work visas in these scenarios, you can access the global talent pool, fill necessary roles, and maintain a competitive edge in an increasingly interconnected business world.
“If a client has their own entity, they can sponsor the visa themselves. But they may not want to put up with the hassle of handling the document review collection, reaching out to the authorities, etc.” Chintha says. “Companies often outsource that piece of work to us. We handle the process for them and help them end-to-end until the approval.”
Common types of work visas
Different countries offer various types of employer sponsorship to accommodate different employment needs. Here are some common types of work visas:
- H-1B Visa (United States): For professionals in specialty occupations requiring advanced degrees.
- Tier 2 (General) Visa (United Kingdom): For skilled workers with a job offer from a licensed U.K. employer.
- Temporary Skill Shortage (TSS) Visa (Australia): For employers to address labor shortages by sponsoring skilled foreign workers.
- EU Blue Card (European Union): For highly skilled non-EU nationals to work and live in participating EU countries.
- Work Permit (Canada): For temporary foreign workers to fill labor shortages.
- Z Visa (China): For foreigners who intend to work in China.
- Intra-Company Transfer Visa (United States): Available in many countries for employees transferring within a multinational company.
How to sponsor a work visa
Companies should start by examining the eligibility criteria for both the employer and the foreign national. This includes understanding the minimum qualifications required, any salary thresholds, and quota systems that may be in place. For instance, with the H-1B visa in the United States, employers must research the prevailing wage requirements and the annual visa cap.
Additionally, companies need to familiarize themselves with the application process, including required forms, supporting documents and submission deadlines. It's also important to understand any labor market testing requirements, such as proving that no qualified local candidates are available for the position. Employers should also investigate the sponsorship obligations they'll need to meet, including ongoing compliance requirements and reporting duties.
Research the associated costs, processing times and any industry-specific regulations that may apply to your field. Given the complexity and frequent changes in immigration laws, many companies find it beneficial to consult with immigration lawyers or partner with global employment organizations to navigate these intricate processes effectively.
“It's always good to have a second set of eyes looking and reviewing documents in the visa process. We do a document review at every stage of the application,” Chintha says. “If a client has more than one employee and they want to keep track of what's happening with their visa status, we also do regular on-demand reports for those.”
The process of sponsoring a work visa can vary significantly between countries. Here's a simple overview of the process in three different countries:
United States (H-1B Visa):
- Obtain a Labor Condition Application (LCA) from the Department of Labor.
- File Form I-129 with U.S. Citizenship and Immigration Services (USCIS).
- Once approved, the foreign national can apply for the visa at a U.S. embassy or consulate.
United Kingdom (Skilled Worker Visa):
- Obtain a sponsor license from the U.K. Home Office.
- Issue a Certificate of Sponsorship to the foreign worker.
- The foreign national then applies for the visa.
Canada (Temporary Foreign Worker Program):
- Obtain a Labor Market Impact Assessment (LMIA) from Employment and Social Development Canada.
- Provide the foreign worker with a job offer and LMIA.
- The foreign national then applies for a work permit.
Why companies use EORs for work visas
Many companies are turning to employer of record (EOR) services to manage the complexities of work visa sponsorship. An EOR takes on the legal responsibility of employing the foreign worker, handling visa sponsorship, payroll, benefits and compliance with local labor laws.
By partnering with an EOR, companies can significantly reduce the administrative burden and legal risks associated with sponsoring work visas. EORs have expertise in navigating the immigration processes of multiple countries, ensuring compliance with ever-changing regulations, and managing ongoing visa-related obligations.
Here are just a few of the benefits of using an EOR to sponsor your work visas:
- Expertise and compliance: EORs have specialized knowledge of immigration regulations across multiple countries. They ensure full compliance with local laws and regulations, mitigating legal risks.
- Streamlined process: EORs handle all paperwork and documentation, reducing the administrative burden. They leverage their established relationships with government agencies to expedite visa processing.
- Global reach: EORs operate in multiple countries, allowing you to hire talent worldwide without establishing your own local entities.
- Cost-effectiveness: Using an EOR eliminates the need for you to set up legal entities in foreign countries. It leverages its own network of entities, reducing overall costs associated with visa sponsorship.
- Risk mitigation: EORs stay updated on changing immigration laws and adapt processes accordingly. They take on legal responsibilities, reducing liability for the hiring company.
- Enhanced talent acquisition: EORs enable access to a wider global talent pool. They support employee relocations and foster a mobile workforce.
- Improved employee experience: EORs provide comprehensive onboarding support for international hires. They can also assist with relocation logistics and cultural integration.
- Focus on core business: By outsourcing visa sponsorship, you can concentrate on your primary operations and business objectives.
- Flexibility and scalability: EORs allow you to quickly adapt to changing staffing needs across different countries.
- Employer branding: Offering streamlined visa sponsorship can enhance a company's attractiveness to international talent.
Partner with Safeguard Global for work visa sponsorship
Safeguard Global offers comprehensive solutions for companies looking to hire and manage a global workforce. Our expertise spans over 170 countries, allowing us to navigate the complexities of work visa sponsorship and international employment with ease.
By partnering with Safeguard Global, you can focus on finding the best talent for your organization while we handle the intricacies of visa sponsorship, global recruitment, compliance, managed payroll services, and HR services. Our deep understanding of local markets and regulations ensures that your global hiring process is smooth, compliant, and efficient, allowing you to build a world-class team without borders.
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