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The Reality of Sponsorship: Why Companies Choose International Talent


"They just don't want to train Americans."


I hear this accusation frequently when it comes to immigration. After 14 years of helping employers sponsor foreign workers, I can tell you this is not even close to the truth.


Most business owners genuinely want the best person for the job. If his or her talent pool isn't delivering, then looking elsewhere becomes necessary—not because it's easier, but because it's the only option.


And let me be clear: sponsoring a foreign worker is never easy.


It requires coordination with three government agencies—USCIS, the Department of Labor, and the consulate abroad. Each can reject the application for immigration or personal background reasons. The process takes months and costs thousands of dollars. No company does this unless they truly need to.


Here's what I see in practice:


For labor positions—agriculture, landscaping, forestry—employers post job ads for 15 business days as required by H-2B regulations. They rarely get qualified US applicants. The work is physical. It starts at 6:00 a.m., and required lifting and working in the elements. Americans, by and large, aren't taking those jobs.


For STEM positions, the candidates I work with often hold two or three degrees—sometimes a bachelor's from abroad, plus two master's degrees earned here in the US. They're not underqualified. If anything, they're overqualified for entry-level roles.


Then there are arguments that companies sponsoring immigrants are ‘undercutting wages’.


Here's what’s happening there:


Any visa with a Labor Condition Application—H-1B, H-2B, E-3, and the PERM Process—requires the employer to pay at least the prevailing wage for that occupation and location. Foreign workers on these visas are actually bringing UP salaries for US workers in comparable roles, not dragging them down.


Are there bad actors? Probably. But in hundreds of cases over 14 years, I haven't been aware of a single client trying to game the system. I repeatedly let them know about their obligations as sponsoring employers in writing and in meetings. 


Were you aware of the prevailing wage requirement? How do you think we can shift this narrative?


If you need guidance on workforce immigration compliance, reach out. Call (949) 940-6725, or book a consultation online to speak with one of our experienced immigration attorneys.


DISCLAIMER: This post does not constitute legal advice, or make any guarantees as to a potential outcome. Consult with a qualified, licensed immigration attorney about the facts of your case before proceeding.

 
 
 

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