Q: Can an employer sponsor an F1 visa holder currently on OPT with only an associate degree and prior work experience?
Good day, hope I find you well.
I have a question. I am an international student.(F1-Visa) I just graduated with an associate degree in criminal justice. I am currently on OPT. I have business owner who owns a chain of hotels and is willing to sponsor me for a work visa. He needs to know what he needs to have for him to sponsor me to work in the US.
The positions being offered are:
1. Compliance Officer
2. Human Resources Manager
3. Risk Manager
4. Corporate investigator
I have prior work experience in a combination of the above mentioned positions and the employer is willing to hire me on any of the positions above or a combination of 2.
The employer needs to know what does he need to sponsor me ? Is it possible? And how does the process go?
Thank you.
Robson.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
Good day, Robson. I hope you are doing well.
To sponsor an F1 visa holder currently on OPT with only an associate degree, your employer can consider sponsoring you for an H-1B visa. However, the H-1B visa typically requires a bachelor's degree or equivalent in a specific field related to the job. Given your associate degree, it may be challenging to qualify directly, but your prior work experience could help. The employer would need to demonstrate that the position requires a specialized body of knowledge and that your experience and education fulfill these requirements.
The process for your employer involves filing a Labor Condition Application (LCA) with the Department of Labor, followed by submitting Form I-129 to the United States Citizenship and Immigration Services (USCIS). The application should include documentation of the job offer, your qualifications, and the business necessity for hiring you in the proposed role.
Your employer may also want to consult with an immigration attorney to explore all possible visa options and ensure that all legal requirements are met. This professional guidance can be invaluable in navigating the complexities of immigration law and increasing your chances of securing a work visa.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
