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Summary: Sponsorship for employment is a process whereby an employer supports a prospective employee’s application for a work visa.
Sponsorship for Employment
Globalization has opened up the labor market, giving employers access to an international talent pool of highly skilled and competitive professionals. On the employee side, there are growing numbers of candidates who seek work in foreign countries. Many leave their country of origin (where they hold citizenship or nationality) for economic reasons, but large numbers are motivated by the chance to experience a different culture or as part of a specific career plan.
Sponsorship for employment is a process whereby an employer supports a prospective employee’s application for a work visa. Essentially, the employer advocates for the prospective employee as part of an application for a specific work visa.
This guide to sponsorship for employment is written for employers. It breaks down the sponsorship for employment process, explaining the sponsor’s role, the various types of work visas requiring sponsorship, and the various eligibility requirements a sponsor must meet.
What is a sponsor?
The sponsor is the employer organization that supports the foreign candidate’s application for a specific work visa. Therefore, recruiting a foreign candidate who requires sponsorship for employment can extend the recruitment process.
The requirements of the sponsor vary based on the country of work and the type of work visa being applied for. Typically, the sponsoring employer is required to cover any applicable processing fees and provide the documentation and other supporting evidence that’s required as part of the application process. As well as supporting the candidate during the visa application process, some sponsoring employers also assist with the relocation process itself.
The role of the sponsor does not end once the foreign candidate becomes an employee. Some work visas have specific requirements for the employer, and there are always ongoing legal obligations, such as maintaining compliance with current immigration laws and regulations. For example, the sponsoring employer is usually required to notify the relevant government authority about any changes to an employment agreement that has a bearing on the original application for a work visa.
Which kind of visas require a sponsor?
In recent years, there has been an increasing trend among countries to diversify and expand the types of work visas they offer. Aside from reaping the benefits of attracting talent from around the world, this global trend is primarily a response to demographic changes and a growing need for nations to fill skill shortages and maintain their working-age populations.
Developed economies across North America, Europe, Australia, the UK, and Asia are adjusting their immigration policies, in most cases, to attract highly skilled workers of working age. Take Japan, a country that has traditionally resisted movements of labor and sought to protect national identity but has been ramping up measures to attract top global talent. The number of foreign workers employed in Japan more than doubled between 2012 and 2022 and continues to grow through 2024.
Most countries now offer various types of work visas to foreign citizens. Some visas grant temporary rights to work, such as on a fixed-term basis, while others can grant permanent residency or citizenship rights.
Not all work visas require sponsorship, but most require an employer in the country of work to advocate for the foreign candidate in some way.
The following are examples of in-demand work visas that require a sponsor.
The United States
In the US, the US Citizenship and Immigration Services (USCIS) administers the country’s immigration system, providing a range of work visas to foreign employees.
- H-1B Visa: Permits those working in specialty fields for up to six years
- EB Visa: An employment-based visa category organized by occupational priorities that can lead to permanent residency:
- EB-1 Visa: Permits priority workers, including multinational executives and managers
- EB-2 Visa: Permits professionals with advanced degrees
- EB-3 Visa: Permits professional or skilled workers where qualified workers are not available in the US
- EB-4 Visa: Permits “special immigrants,” including religious workers, broadcasters, and certain physicians
- H-2A Visa: Permits those working in agricultural occupations for up to three years
- H-2B Visa: Permits those working in seasonal or temporary occupations for up to three years
- L-1 Visa: Permits those working for companies connected to a US company for up to seven (L-1A) or five (L-1B) years
- L-1A is used for managerial or executive roles.
- L-1B is used for roles requiring specialized knowledge.
Canada
In Canada, Immigration, Refugees and Citizenship Canada (IRCC) and Employment and Social Development Canada (ESDC) handle all work permit and visa programs.
- TFWP Visa: The Temporary Foreign Worker Program grants a work permit for six months, which can be extended up to four years.
- FSWP Visa: The Federal Skilled Worker Program is for management and professional jobs.
- FSTP Visa: The Federal Skilled Trades Program is for skilled jobs within specific trades or technical jobs that require a college diploma.
- PNP Visa: The Provincial Nominee Program allows provinces to nominate particular categories of skilled workers to fulfill the province’s needs.
The United Kingdom
Post-Brexit, the UK’s Home Office has been amending immigration rules. UK Visas and Immigration (UKVI) oversees all work visa applications.
- UK Skilled Worker Visa: Permits employees who have secured a job from a list of eligible occupations to work in the UK for up to five years
- Global Business Mobility Worker Visa: A category of visas intended for foreign organizations that have operations or business interests in the UK:
- Senior/Specialist Worker Visa: Permits the relocation of senior managers or specialists who are to be employed in a UK branch office of a foreign organization for up to five years
- Expansion Worker Visa: Permits foreign employees involved in the establishment of a UK branch office to work in the UK for up to two years
- Secondment Worker Visa: Permits employee relocations for temporary business reasons for up to five years
- Service Supplier Visa: Permits employees involved with the supply of services covered by a trade agreement for up to 12 months
- Graduate Trainee Visa: Permits employees on graduate training programs for specialist roles for up to 12 months
The European Union
In addition to offering their own work visas, 25 out of the 27 EU member states participate in a supranational/EU-wide work visa scheme known as the EU Blue Card.
- EU Blue Card: Permits highly skilled non-EU nationals the right to work in participating member states for up to five years with the potential for permanent residency
Australia
In Australia, the Department of Home Affairs manages immigration and citizenship matters. Australia is extremely proactive in this regard, offering a variety of employer-sponsored work visas, some of which can lead to the right to work on a permanent basis.
- Employer Nomination Scheme Visa: Grants skilled workers employed in an occupation that is on a skills shortage list to work in Australia on a permanent basis
- Skilled Employer Sponsored Regional Visa: Permits skilled workers to work jobs classified as part of a labor shortage within an Australian region, for up to five years
- Temporary Skill Shortage Visa: Permits skilled employees to work in jobs included on pre-defined occupations or skills lists for up to four years
Japan
Japan’s Ministry of Foreign Affairs is currently engaged in updating the work visa options available to foreign citizens.
- Japan Work Visa: Permits those employed in occupations included on a list of accepted professions for up to 5 years
- Highly Skilled Professional Visa: Permits employees classified as highly skilled professionals to work in Japan for up to 5 years
What are the eligibility requirements for sponsors?
The eligibility requirements for sponsors are defined by the immigration laws of the “country of work” and the specific type of work visa being applied for. At a minimum, a sponsor must be a fit and proper organization that complies with the laws on immigration and the applicable regulations for sponsoring work visas.
In the UK, employers must have a sponsor license before they employ someone from outside the UK.
In Canada, some work visas require the sponsoring employer to apply for a Labour Market Impact Assessment (LMIA). The LMIA confirms the employer’s need for a foreign worker and that no Canadians or permanent residents are available to do the job
In the US, employers that are sponsoring candidates for the EB visa must obtain an approved application for Permanent Labor Certification from the US Department of Labor (DOL).
Beginning the process
The eligibility requirements for sponsors vary. To ensure the recruitment process is compliant and proceeds without delays, employers considering sponsoring an employee through a work visa are advised to seek professional advice.
An immigration law firm can ensure that you have the right work visa in mind. Alternatively, if your organization is not directly based in the country where you wish to hire, a global employer of record (EOR) can offer solutions to guide the process.
FAQ
The ability of a company to sponsor a foreign employee largely depends on its compliance with the specific immigration laws of the country where the job is located. Factors include the organization’s legal standing, its commitment to fulfilling labor laws, and in some cases the necessity to prove that no suitable local candidates are available for the role. Check the requirements of each work visa that is suitable for your organization's needs.
Certain work visas that require sponsorship can offer a pathway to permanent residency. This depends on the specific visa and the laws of the host country. For instance, H-1B and the EB visas in the US and the EU Blue Card in Europe can lead to permanent residency under specific conditions.
Charlotte is an Human Resources Information Systems and Martech expect, Charlotte has worked for major brands in the industry including FactorialHR and Tooltester. Originally from Manchester, UK, with a Bachelor's degree from the Manchester Metropolitan University, Charlotte currently lives in Barcelona, Spain.
