Securing a Work Visa for a foreign employee is not easy, especially considering each Work Visa route comes with different requirements, rules and benefits.
Our expert guide will help you to consider the 5 most important actions to take in order to successfully obtain a UK Scale Up Visa or a US Work Visa for overseas applicants.
5 Keys to Getting Work Visas for Foreign Employees in the UK
Check eligibility
For a business to begin to consider securing a Scale Up Visa UK for its workers, it must first check that all eligibility requirements would be met.
Sponsored workers must:
- Have a job offer to do a job that’s on the list of eligible occupations
- Have a ‘certificate of sponsorship’ from the employer with information about the role
- Be paid a minimum salary in the new role
- Have a confirmed job offer to work for an approved scale-up business for at least 6 months
This means that businesses offering the Scale Up Visa option must be recruiting for eligible occupations, as well as being able to hire a foreign worker for at least 6 months, paying them a minimum salary.
Understand sponsorship duties
Each Scale Up Visa UK company has a duty to meet its sponsor licence expectations, so to secure this visa, business owners must demonstrate that they understand their responsibilities.
Sponsor licence holders must prove that they have the resources to manage their sponsors according to Home Office regulations. There may be spot checks for compliance, so businesses must be prepared to demonstrate their commitment to their sponsor licence duties at all times.
Find out the timeline
When businesses know the processing time for the Scale Up Visa, they can plan for the future accordingly, and apply for the sponsor licence at the right time. Generally, it takes around 8 weeks for an employee to obtain a Scale Up Visa UK, though the process can be longer.
Be prompt
Employees all around the world and companies all across the UK are competing for the Scale Up Visa route. It’s essential to be prompt in your application and communications, otherwise rejection is very likely.
Work with an immigration lawyer
Although working with an immigration lawyer does not guarantee a successful Scale Up Visa journey, it significantly improves a company’s chances of hiring foreign talent through this scheme.
Professional advice can be the key to submitting an impressive application, knowing what to expect from the Home Office, and understanding how to avoid application rejection.
5 Keys to Getting Work Visas for Foreign Employees in the US
Choose the right Work Visa
There are several different options for Work Visas in the US, and it’s crucial to choose the right one before beginning the application process.
Consider what type of employee you’re looking to hire (e.g., skilled workers, temporary workers, specific industry workers etc) and select an appropriate Work Visa that reflects this. For example, employers who want to hire skilled workers may want to pursue the EB3 Visa route.
Give a valid job offer
Depending on the US Work Visa, a valid job offer may be required in order for the overseas worker to begin their application process.
For the EB3 Visa, employers must submit Form ETA-9089 to the Department of Labor so that the candidate can obtain labor certification. This is evidence of a valid job offer that could not be given to a US worker due to lack of availability or skills.
Learn the common reasons for rejection
When you understand why employers tend to be denied Work Visas, you can plan ahead to avoid falling into the same traps.
Examples include: not submitting the correct documents, not understanding the eligibility requirements, and being unwilling to formally offer a job to an applicant.
Organise your documents
Each US Work Visa comes with its own list of supporting documents, and it’s essential that the employer includes all of the requested documents in order to hire a foreign worker.
Before beginning the application process, gather the documents to ensure a lack of documentation does not prevent you from welcoming overseas talent into your business.
Work with an immigration lawyer
Just like in the UK, working with an immigration lawyer is the best advice when it comes to tackling the recruitment of foreign employees.
Taking into account the laws of the state you are in, as well as the laws of the applicant’s home country, immigration professionals will guide you through the Work Visa application process with full compliance.
Conclusion
Getting a Work Visa for an overseas job applicant, whether in the US or UK, requires plenty of research and preparation.
As long as businesses are willing to look into eligibility requirements, processing times and all other tips we have mentioned above, with the help of an immigration solicitor throughout, they have a great chance of successfully acquiring a Work Visa for their foreign staff.
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