How to verify your employer can sponsor a visa | Law Office of Jesus Reyes, PLLC

Before accepting a job offer based on immigration sponsorship, investigate the employer. We have seen clients pay thousands of dollars to shell companies that never filed a real petition. This guide explains how to verify.

Why it matters

If the employer does not meet the requirements, your petition will be denied. If the petition turns out to be fraudulent (nonexistent company, fake salary), you can be left with unlawful presence or, worse, accused of immigration fraud. A rushed decision can destroy your future in the U.S.

General employer requirements

To sponsor most employment visas, the employer must:

Be a legitimate U.S. entity.
Have an Employer Identification Number (FEIN).
Have financial ability to pay the offered salary.
Have a genuine need for the position.
Offer a wage equal to or above prevailing wage.

How to verify step by step

1. Confirm the company exists

Search:

State business registry (in Florida: sunbiz.org).
Better Business Bureau, Glassdoor, LinkedIn.
Google Maps: does it have a real office?
Professional, verifiable website.

2. Confirm sponsorship history (H-1B, L-1)

USCIS publishes the H-1B Employer Data Hub: you can see how many petitions an employer filed, how many were approved, and for what roles. A company with zero prior petitions can still be legit but needs more due diligence.

3. Confirm financial ability

For EB-2/EB-3 green cards, the employer must show ability to pay from the priority date. Ask:

How many employees do you have?
What is your approximate annual revenue?
Have you sponsored green cards before?

If the company is small (<10 employees) or has limited revenue, USCIS will scrutinize more.

4. Confirm the offer

Do you have a written offer with salary, job description, and start date?
Does the salary match the prevailing wage for that role and location?
Does the job description match your actual skills?

5. Ask about the attorney

A serious employer works with an immigration attorney. Ask:

Name of the law firm handling the petition.
Confirmation by email from the attorney.

If the answer is vague ("our consultant," "someone internal"), that is a red flag.

Red flags

They ask you to pay the H-1B sponsorship costs (illegal: the employer pays the ACWIA and the petition fee).
Company with no verifiable physical address.
Salary offered well below prevailing wage.
Promises of "100% guaranteed" approval.
They ask you to sign before showing you the petition.
They demand excessive secrecy about the offer.
Offers through "agencies" charging matchmaking fees.
Pattern of online complaints against the company.

Key questions to ask

Is this an individual petition or am I being added to a lottery with no guarantee?
What happens if I am not selected in the H-1B lottery? Do I lose the job? Do you wait for next year?
Can you start PERM for the green card from day one?
Who pays legal and USCIS costs?
Will I have a written employment contract?
Who does the attorney represent: the company or me? (Generally the company; you need independent counsel to protect yourself.)

Different sponsorship types

H-1B

Employer files LCA with Department of Labor.
Wage at or above prevailing wage.
Specialty occupation (bachelor's required).
Annual cap with lottery.

L-1

Only for transfer between a foreign company and its U.S. affiliate or parent.
Must have worked for the foreign entity 1 of the last 3 years.

PERM + I-140 + I-485

For employment-based permanent residency.
Long (years).
Employer must show no qualified U.S. workers are available.

When to consult an attorney before accepting

If the company is small or recently formed.
If they ask you to pay costs.
If the offer came through an intermediary.
If no immigration attorney is named.
If the offer seems "too good to be true."

An independent attorney can review the paperwork and protect your interests. Schedule a consultation before signing.

How to verify whether your employer can legally sponsor you