Can small businesses realistically sponsor foreign workers, or is it too complicated?

Yes, small businesses can sponsor foreign workers, but it’s important to understand the process and requirements. And while the process is complicated, you can always hire a Silicon Valley immigration law attorney to help.

If you’re going down this road, the first step is obtaining a Labor Certification from the Department of Labor. This involves proving that there are no suitable U.S. workers available for the job and that hiring a foreign worker won’t negatively affect American workers’ wages and working conditions. So, a lot of paperwork, but there are tutorials online.

Next, you’ll have to file a petition with the U.S. Citizenship and Immigration Services (USCIS) for the specific visa category, like H-1B or L-1 visas. This step involves more paperwork, as you’ll need to send over details about the job, your business, and the qualifications of the foreign worker. 

Only after the USCIS approves the petition will the foreign worker be able to apply for a visa at the U.S. embassy in their home country. And the process will continue after that. But the bulk of your work as the sponsor is the first two steps. Plus, everything involved in renewing your employee’s visa periodically.