Can my employer sponsor my work visa if I'm coming from abroad?
Quick Summary
Yes, your employer can sponsor you, but they must follow a specific order. They must first file and receive approval for a petition before you can be granted a visa or enter the country.
The situation
I am currently living in Brazil and have been offered a specialized position at a tech company located in Austin, Texas. My new employer told me they are excited to have me join the team, but they mentioned that they need to handle some official paperwork with the government before I can actually get my visa and move to the United States. I have already started looking into the different types of work visas available, but I am very confused about the process. My employer said they have to file a specific petition on my behalf and wait for an official approval before the embassy can even process my visa application. I am trying to plan my move for late September, but I don't know if the company's petition needs to be fully approved before I can schedule my interview at the consulate. Does my employer's petition have to be granted first, and does that approval automatically mean I am allowed to enter the country once I get my visa? I want to make sure I don't show up at the airport only to be turned away because the paperwork wasn't handled in the right order.
Detailed Analysis
To bring you from Brazil to Austin, Texas, for your specialized position, your employer must follow a specific legal sequence. Under the law, the question of bringing a nonimmigrant worker into the country "shall be determined by the Attorney General... upon petition of the importing employer"[1]. This means your tech company must first submit a formal request to the government.
Crucially, the law states that "Such petition, shall be made and approved before the visa is granted"[1]. This confirms your employer's information: the petition must be fully approved before you can move to the next stage of the process, which is the visa application at the consulate. You cannot skip this step or schedule your interview to happen before the petition is granted.
It is also important to understand that getting the petition approved does not automatically grant you permission to enter the United States. The law clarifies that "The approval of such a petition shall not, of itself, be construed as establishing that the alien is a nonimmigrant"[1]. Even after the petition is approved and you receive a visa, your actual entry into the country is subject to inspection by immigration officers at the port of entry. An officer will determine if you are actually entitled to the status you are seeking at the time you arrive[1].
Because your move is planned for late September, you should be aware that the timing of the petition approval is the most critical factor. If the petition is not approved in time, you will not be able to secure the visa required for your travel.
Statutory Citations
Legal Citation: Immigration and Nationality Act § 8 U.S.C. § 1184 — Admission of nonimmigrants
"Such petition, shall be made and approved before the visa is granted. ... The approval of such a petition shall not, of itself, be construed as establishing that the alien is a nonimmigrant."View Official Legislation →
Legal Citation: Immigration and Nationality Act § 8 U.S.C. § 1184 — Admission of nonimmigrants
"Every alien ... shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status"View Official Legislation →
Important Legal Disclaimer
General legal information, not formal legal advice. The information provided on LawAsked does not constitute formal legal advice and creates no attorney-client relationship. If you require legal assistance, please consult a licensed attorney in your jurisdiction.
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