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Guide

Hire in the United States: employer playbook

US international hiring is often petition-led and lottery-sensitive. Cost and timeline risk sit as much in counsel and uncertainty as in filing fees.

This playbook is a thin operational brief for employers — not a full immigration manual. Use it to brief HR, finance, and hiring managers, then verify current rules on official sites.

This is general information for employers, not legal or immigration advice. Rules, fees, and thresholds change — confirm the current position on official government sites before you act.

Last reviewed: 2026-07-28

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01

Guide section

Employer routes at a glance

For the United States, most international hires follow one of these employer-led paths:

  • H-1B (specialty occupation): Common skilled route; many employers face annual lottery/cap risk. Prevailing wage and role fit are central.

  • O-1 / other specialty categories: Extraordinary ability and related categories — no H-1B lottery, but higher evidence bar.

  • L-1 (intra-company transfer): Where you already have related entities and qualifying employment history.

  • TN (Canada / Mexico): CUSMA/USMCA professional categories for eligible nationals — often faster than H-1B when it fits.

  • Remote / EOR in the worker’s country: When the work does not need US presence and you lack appetite for petition risk.

Pick the model before the job ad

Decide sponsorship / petition vs remote / EOR before you publish. Wrong labelling wastes candidates and creates compliance risk. Use the International Hiring Hub to map role × destination.

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What employers typically must do

Exact duties depend on the route, but US employers usually own:

  • Role & wage: Job must fit the chosen category; H-1B typically requires prevailing wage compliance.

  • Petition ownership: Employer (or counsel) drives USCIS filing strategy, evidence, and responses.

  • Public access / LCA duties: Where applicable, maintain required labour condition records.

  • Honest job ads: State whether sponsorship is offered and which locations are real — not aspirational.

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Cost shape (for finance)

Budget a petition package (fees + counsel) separately from relocation. Lottery/cap risk means some H-1B budgets should include contingency for a delayed or failed year.

Illustrative US cost categories — not a live fee schedule

CategoryWho usually paysNotes
Government / filing feesEmployer (usually)Varies heavily by category and premium processing
Immigration counselEmployerOften the largest predictable employer cost
Premium / expediteEmployer (optional)Where available — trades money for time
Relocation / settlingEmployer (optional)Housing, flights, temporary stay
Worker application costsOften workerSome employers reimburse as a benefit

Model it in GSH

Open the international hiring cost planner and select the United States for an editable worksheet.

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Timeline and risk

  • H-1B cap season: Selection cycles create multi-month uncertainty before a start date is real.

  • Petition + processing: Even after selection/filing, biometrics and adjudication add weeks to months.

  • Non-cap routes: O-1, L-1, TN can be faster when eligibility is clear — still not ‘next week’.

Do not promise start dates you cannot control

Government processing, lottery/caps, biometrics, and document readiness sit outside your ATS. Brief hiring managers with ranges, not single dates.

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When remote or EOR may fit better

Prefer remote/EOR when the role can be performed outside the US, you are testing a market, or you cannot absorb H-1B lottery uncertainty for a critical start date.

Compare models

Read EOR vs sponsorship before you force an onshore visa path.

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Next steps on Global Sponsor Hub

  1. 1

    Run the Hiring Hub: Answer role × US in the International Hiring Hub.

  2. 2

    Budget honestly: Use the cost planner (US worksheet).

  3. 3

    Bring in specialists if needed: Browse immigration advisers for petition / permit strategy.

  4. 4

    Start hiring: Create a free employer profile and post the role with clear location, visa, and relocation labelling.

Next step

Put this into action on Global Sponsor Hub

Start free with a company profile, connect roles you already advertise, or review Growth / Scale when you want on-platform applications and hiring tools.

Need immigration or relocation support? Browse mobility partners or list your firm.

What's next

Related guides and links

More on this site: related guides, official government pages to double-check rules and fees, and quick links to jobs and partners.

Guides that pair well with this page

Official sources

Always verify with official sources

Visa rules and salary thresholds change. Confirm current requirements directly on government immigration portals before making any decisions.

Source
USCIS — working in the United States
DOL — Foreign Labor Certification Data Center

Official government or regulator page—verify eligibility, fees, and forms there.

Keep exploring

Everything in one place

Employer jobs stay on the hub. External roles open elsewhere but say so. Partners list in the directory. Guides sit next to search.

Common questions

Should every US job ad say ‘visa sponsorship available’?+

Only if you mean it for that role and location. False sponsorship signals damage trust and attract applications you cannot progress.

Is H-1B the only option?+

No. Depending on nationality, seniority, and entity structure, O-1, L-1, TN, or other categories may fit better — take counsel early.

Can we hire someone in India for a US company without a US visa?+

Often yes via local employment or EOR if the work stays offshore. That is a different model from US sponsorship — not a shortcut to US work authorisation.