How To Approach Your Employer For Visa Sponsorship
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Introduction
For DACA recipients and undocumented immigrants, securing visa sponsorship from an employer could be a step toward obtaining long-term stability in the U.S. This guide is designed to help immigrants navigate their potential pathways to securing an employment-based visa in the United States with a current employer. If you are seeking employment and wondering how to ask about visa sponsorship, see our FAQ section below for information on that.
While DACA does not provide a direct pathway to permanent residency and its future remains uncertain due to ongoing lawsuits, DACA recipients might have some options to obtain lawful status through employer sponsorship. Whether the employer decides to sponsor or not, DACA recipients can remain employed as long as they have valid employment authorization.
Here, we will explore what temporary and permanent employment-based options may be available and how to approach your employer about sponsorship. Remember, this information is for educational purposes only and is not a substitute for legal advice. Approaching an employer for sponsorship may feel daunting, but we hope you’ll feel more prepared through this guide.
Employment-Based Immigration Visas & Green Card Sponsorship
Employee sponsorship can be for temporary or permanent (green card) status. The following information provides a basic overview. A lawyer can best explain the specific requirements and processes for the pathway best suited for your situation. Much of the application process and associated costs will be managed by the employer and lawyer. Below are resources to help employers understand the process:
- FWD.us: Employer Resources for Hiring and Supporting DACA Recipients
- Presidents’ Alliance Legal Pathways that Work resource hub: Employer Resources
Employers can sponsor employees for green cards through EB-1, EB-2, and EB-3 visa categories. Each category has its own specific qualifications. The first step of this process is that the U.S. Department of Labor (DOL) must certify there are no qualified U.S. workers available for the job, which means the employer and attorney must conduct a labor certification process (PERM) to test the labor market. This visa process typically takes about 2–3 years, and may be less accessible to DACA recipients and other undocumented Dreamers depending on your immigration history and individual circumstances
This guide by Immigrants Rising covers detailed information about labor certification (PERM). Consult an experienced employment-based immigration attorney to determine if you would qualify.
Many work visas are temporary (called “nonimmigrant visas”) and often do not directly lead to permanent residency. However, they could be an option for DACA recipients to continue working legally in the U.S. while pursuing other permanent immigration options, and may be more accessible to DACA recipients and other undocumented Dreamers with past immigration violations.
Several nonimmigrant visa categories (H-1B, TN, O-1, R-1, L-1, etc) require employer sponsorship. Each visa has its own specific eligibility requirements based on the job and the applicant’s qualifications, such as education and skills. Speak to a lawyer to determine the best visa for your situation.
The H-1B visa is a promising option for DACA recipients and other undocumented immigrants, as it is designed for applicants working in “specialty occupations” that require at least a bachelor’s degree. This visa could benefit many DACA recipients and undocumented individuals who hold college degrees in specialized fields. Additionally, the H-1B visa allows for ‘dual intent,’ meaning that workers in H-1B status can pursue permanent residency while working lawfully in the United States.
Am I Eligible?
Now that you have a general understanding of the employment-based pathways, your next step should be to speak to an attorney. Individual circumstances such as skills, immigration history, and job type mean the best path forward will differ for each person.
Find Legal Counsel
The following resources focus specifically on helping people understand if they are eligible for a temporary work visa or green card. They are geographically limited, so if you don’t qualify for these, see the section below.
- Path2Papers [Serving the Bay Area and those affiliated with Cornell University]
- Pathway for Immigrant Workers
When looking for a lawyer, remember to research them to ensure they are experienced in employment-based immigration law and that you feel comfortable working with them. For more tips on how to find a good lawyer, visit this guide. Below are additional resources for seeking legal assistance:
- AILA network
- The Presidents’ Alliance on Higher Education and Immigration will soon begin offering free legal consultations for Dreamers with and without DACA, who are U.S. college graduates. Check the Legal Pathways that Work resource hub on the Higher Ed Immigration Portal, or sign up for the D-3 interest listserv, to learn more.
Approaching An Employer About Sponsorship
Identify a Point of Contact
You will need to find someone in your team who can help you move this process forward. This could be a member of your senior team or your manager. Your employer may not know about your status, so ensure it’s someone you trust. Below, you can find information on how to explain DACA to your employer. If you are unsure who you should approach, you can contact your Human Resources (HR) department to ask for a confidential point of contact to discuss personal matters related to your future employment.
Can my employer discriminate against my immigration status? See the FAQ below.
Send an Email to the Point of Contact & Request a Meeting
Sample email template:
Subject: Request for a Confidential Meeting Regarding Visa Sponsorship
Hi [NAME],
I hope this email finds you well. I am reaching out to discuss an important topic regarding my immigration status and the potential opportunity for continued employment here at [Organization’s Name].
You may not know, but I am a DACA recipient and the DACA policy finds itself in legal limbo while the federal court system determines its future. This uncertainty has led to many DACA recipients exploring alternative immigration pathways like employer-sponsored visa options.
If possible, could we set up some time to further discuss this at your earliest convenience? I understand that [company name] will need to take many factors into consideration for employer sponsorship, and I’m happy to share several resources that can provide clarity. [If applicable] I have also discussed this matter with a qualified immigration attorney who can be an additional resource.
Thank you for your time and consideration.
Best regards,
[Your Name]
Prepare for the Conversation
Explaining DACA
You may find yourself in a position where you need to educate your employer about what DACA is, its potential to end due to ongoing lawsuits, and the steps they can take to help you secure an employment-based visa. Here’s a structured approach to guide this conversation:
Explain the Basics of DACA: Begin by explaining that Deferred Action for Childhood Arrivals (DACA) is a policy that has allowed individuals who came to the U.S. as children to receive a renewable two-year period of deferred action (protection from deportation) and eligibility for a work permit. Emphasize that it is not a path to permanent residency or citizenship. It may be helpful to share a short explainer on DACA, such as the National Immigration Forum’s fact sheet.
Discuss the DACA Lawsuit: Inform your employer that DACA is currently under legal scrutiny in a federal lawsuit and could potentially end. Explain that this uncertainty affects not only your ability to work, but also your sense of security in the U.S. This graphic is a simplified version of where DACA is in the litigation. For more in-depth information on the DACA litigation, see our guides below.
DACA Federal Court case resources:
More Employer Resources for Supporting DACA Employees:
What if I initially said I didn’t need visa sponsorship?
Some companies, at the time of hiring, may ask employees if they will require a visa or green card sponsorship. DACA recipients may have said no to this question, because they already had work authorization. If you are in this situation, the following may be helpful:
Explain the change in circumstances. When you were hired, DACA was probably not under imminent threat of ending. You can explain to your employer that the September 2023 court ruling against DACA has made it likely that the Supreme Court could hear the case within the next year, potentially putting your work authorization in jeopardy. You can also explain how changes in administration could also impact your work authorization and protections under DACA. By presenting these changes, they will understand why you initially said you wouldn’t need sponsorship. Emphasize that you still have valid work authorization, but because DACA could end, you are exploring other lawful pathways to continue working for your employer in the long-term. Refer back to the “Explaining DACA” section above for more resources.
Processing Costs
Your employer will likely have questions about the costs of this process. For many employment-based visa applications, the employer must cover most costs. For an overview and breakdown of the costs for the H-1B visa and green card applications, including the fees that must be paid by an employer, see this resource by Path2Papers.
Questions to consider while preparing for the conversation:
- Research your company’s policies: Does your employer already have a policy and process for sponsoring visas and supporting immigration benefits? See your employee handbook.
- Benefits to sponsoring you. Prepare a good case as to why the company should retain you. Create a document that highlights your achievements, expertise, and the unique experience you bring to the team. For some companies, it may be more expensive to have to train someone for your role if you were to leave. Think of any persuasive argument that would help you best present your case.
Have the Meeting
Now that you’ve scheduled a meeting, approach it with clarity, confidence, and professionalism to set the right tone and ensure a productive conversation. Express your gratitude to your contact for their time and support. Reinforce your enthusiasm for your role and team at your organization.
The Purpose of the Meeting
Be straightforward with your explanation for the purpose of the meeting. Summarize your current immigration status under DACA and your desire for increased stability in light of the DACA policy’s legal trouble. If your company does not have a history of sponsorship, acknowledge that this is new territory for your employer, but that you are willing to provide helpful information.
Identify Next Steps
As the conversation concludes, summarize any agreed-upon actions, such as gathering more information, meeting with an attorney, or any other follow-up meeting. They may not commit to sponsorship at this initial meeting, but hopefully they will agree to further discussions and exploration.
These are just a few examples of the types of questions you may want to ask your employer if they agree to sponsor you.
- Who is the point person for follow-up questions?
- Does the employer have preferred lawyers that they work with for visa sponsorship, such as in-house counsel or partner law firms? What access will the employee have to the company’s lawyers? If the employee has already obtained legal counsel, how can the employee connect that attorney with the employer’s lawyers?
- If pursuing a temporary visa, would the employer support a petition for an employment-based green card in the future?
- How will the employer support if issues come up related to the petition, the visa application, or travel abroad?
- When the employee travels abroad for their visa appointment at a consulate, will that be paid time off? Will the employer allow the employee to temporarily work internationally if needed?
- If the process does not work out, will the employer continue to employ the employee through their current work authorization?
If the company doesn’t already work with an immigration attorney, they will need one. You should also consider consulting with an attorney who does not represent your employer. Company lawyers will often work in the best interest of the company because your employer is their primary client. Therefore, it is a good idea to obtain legal counsel apart from your employer, in addition to working with the employer’s attorneys.
Some employment lawyers are not familiar with DACA, or inadmissibility bars, and so on. You want to ensure that whoever files this application has expertise in the employment-based visa process and experience working with DACA recipients or undocumented immigrants. Read this guide for helpful information on how to find a lawyer, and see the Find Legal Counsel section above.
DACA could end in a few months or years. Most visa applications involve a multi-step process, and some visas like the H-1B, involve applying during a specific timeline each year. Your employer must be proactive about the visa application. Discuss a timeline and ensure you keep track of it.
Don’t be afraid to check back in with your employer and lawyer. This process has a significant impact on your ability to remain in the U.S. and continue working. Do not be afraid to follow up regularly.
Success Stories
Meet Joel, a Microsoft employee & former DACA recipient. Before obtaining an employment-based green card, his future was uncertain. Microsoft was committed to helping Joel access stable legal protection. You should consider sharing this story with your employer to show them what this process looks like in practice, and why other employers do it. See his story here. You can also share the story of an undocumented Dreamer who recently successfully obtained an H-1B visa through his employer, as well as other success stories.
FAQs
Immigration law typically requires temporary visa applicants to prove that they do not intend to stay in the U.S. permanently once their visa expires. This can be a challenge for DACA recipients and undocumented immigrants, who have built lives in the U.S. However, some visas are considered “dual intent,” meaning applicants can pursue these visas even if they are also planning to take steps towards permanent residency and a green card. The H-1B and L-1 visas are explicitly dual intent visas, making them a good fit for DACA recipients and undocumented immigrants.
With DACA’s uncertain future, beneficiaries may want to look into alternative options to legally work and live in the United States. If DACA were to end, temporary visas could offer a few more years of status and potentially lead to permanent status. There are many factors to consider that ultimately depend on each individual case, so it is a good idea to schedule a legal consultation with a qualified immigration attorney with expertise in employment-based immigration as well as experience working with DACA recipients.
In July 2024, the U.S. Department of State updated policy guidance on the D-3 waiver to expedite the process for temporary employment-based visa applicants with degrees from U.S. colleges or universities. For a detailed explanation of the D-3 waiver, visit this guide.
Whether you are undocumented and looking for sponsorship, a recent graduate, or transitioning jobs, you may be wondering how and when to ask your future employer for sponsorship.
When to ask: It is best to ask once you are in the final stages of interviewing. You want to see if you are interested in this job first and if you have a real chance at getting it. During the final stages of interviewing, you can typically begin negotiating different things, such as visa sponsorship. As part of the initial application process, a prospective employer may ask if you have work authorization and/or will need visa sponsorship in the future. If you are undocumented and do not have work authorization, you may need to disclose your request for visa sponsorship at the application phase.
How to ask: Your potential employer may have questions about your current status, costs, what visas you qualify for, and more. Do your research and be prepared to answer those questions. Let them know what you have learned from a legal consultation, if you have already had one. See our section on Prepare for the Conversation for more information.
Employers cannot discriminate against applicants/employees based on their citizenship or immigration status. But, if an employer decides not to hire an applicant needing visa sponsorship based on the employer’s financial obligation associated with sponsorship, that is not considered discriminatory.
If you are a DACA recipient, you can remind your employer that you are still able to legally work. An employer cannot legally refuse to hire you solely based on the length of your work authorization period, but they might consider the length of your authorization if the job requires a specific long-term commitment and your work authorization period is significantly shorter than the needed timeframe. See the U.S. Department of Justice immigrant and employee rights FAQ on citizenship status discrimination to learn more.
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