Can the agreement be e-signed?

Yes. Electronic signatures are legally enforceable under the ESIGN Act (15 U.S.C. §7001) and UETA in most states when intent, consent, attribution, and retention are present.

Is notarization required?

Not typically required for USCIS petitions, but notarization or RON may be advisable when documents will be legalized for foreign use or where state law requires acknowledgement.

Who should sign for the employer?

An authorized representative with signatory authority should sign. Document the signer’s title and authority to bind the employer to avoid capacity disputes.

How to correct a signed error?

If an error is discovered, prepare a signed amendment or corrected agreement signed by both parties; retain the original plus the amendment and note reasons for the change.

How can the agreement be revoked?

Specify revocation mechanics in the contract. Generally, revocation requires mutual agreement or relies on clauses addressing termination and notice periods.

How long should records be kept?

Retain according to federal and industry rules: I-9s per 8 CFR §274a.2, tax-related files per IRC §6501(a), and HIPAA records for six years where applicable.

Electronic Signature
Templates
HR
Employee Visa Application Agreement

Employee Visa Application Agreement

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

EMPLOYEE VISA APPLICATION AGREEMENT

This Employee Visa Application Agreement (the Agreement) is entered into between Employer Name: and Employee Name: . The parties agree as follows.

Personal Information

Full Legal Name Current Address Primary Telephone Email

Date of Birth

Nationality

Passport Number Passport Expiration Date

Position Information

Job Title Department Reporting Manager

Proposed Start Date

Annual Salary

Employment Type Full-time Part-time Temporary

Visa Sponsorship Details

Visa Category Requested Estimated Employer Costs

Employer agrees to prepare, file and pay for the initial visa petition and associated government filing fees as set forth above, subject to the terms of this Agreement. Employee agrees to cooperate fully and provide all required documentation and truthful information; failure to cooperate may result in withdrawal of sponsorship.

Repayment Obligation (if any)

Document Checklist (Employee to Provide)

The employee certifies that the following documents will be provided as requested:

Passport copy

Recent photograph(s)

Academic credentials and transcripts

Prior employment records and reference letters

Other:

Employment History

Most recent employer

Employer Name Job Title

From

To

Primary Responsibilities Reason for Leaving

Second most recent employer

Employer Name Job Title

From

To

Primary Responsibilities Reason for Leaving

Education

Highest Degree Institution Graduation Date

References

Reference 1

Reference 2

Reference 3

Legal Disclosures & Authorizations

At-Will Employment: Nothing in this Agreement alters the at-will nature of employment unless a separate written employment agreement expressly states otherwise. Either party may terminate the employment relationship at any time, with or without cause, subject to applicable immigration and labor regulations.

Equal Opportunity: Employer is an equal opportunity employer and does not unlawfully discriminate on the basis of protected characteristics.

Authorization to Contact and Background Checks: Employee hereby authorizes Employer and its agents to contact current and former employers, educational institutions, and references, and to procure background checks, immigration status verification, and other pre-employment screening as required for the visa process. Employee affirms all information provided is complete and accurate.

Consent to Background Check and Reference Contact I consent to background checks, reference verification, and employment eligibility verification for immigration filing purposes.

Costs, Repayment and Termination

Employer will pay fees expressly described herein. If costs are advanced by Employer and Employee resigns or is terminated for cause within months of commencement, Employee agrees to repay employer-paid fees on a prorated basis as set forth in repayment terms above.

Termination of employment for any reason will be promptly communicated to immigration authorities as required by law; Employee acknowledges that loss of employment may result in loss of legal status and that Employee is responsible for departing or securing alternative lawful status.

Confidentiality, Data Handling & Document Retention

Employee consents to the processing and limited disclosure of personal data to third parties reasonably necessary for visa filing, including immigration authorities, legal counsel, and service providers. Employer shall retain copies of immigration documents for the period required by applicable law and maintain confidentiality consistent with privacy obligations.

Representations, Warranties and Indemnity

Employee represents and warrants that all information supplied to Employer for immigration filing is true, complete and correct. Employee agrees to indemnify and hold harmless Employer for claims arising from Employee's misrepresentations, omissions or failure to disclose material facts, except to the extent caused by Employer's gross negligence or willful misconduct.

Governing Law and Dispute Resolution

This Agreement is governed by the laws of the state of , without regard to its conflict of law principles. The parties will attempt to resolve disputes through good faith negotiation prior to initiating formal proceedings.

Miscellaneous

Severability: If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. Amendment: This Agreement may be amended only by a writing signed by both parties. Entire Agreement: This instrument contains the entire agreement of the parties regarding visa sponsorship and supersedes prior understandings on this subject.

Applicant Certification

I certify that all information provided in this Agreement and in any supporting materials is true and complete. I understand that knowingly providing false information is grounds for withdrawal of the visa application and disciplinary action up to and including termination of employment.

Applicant Acknowledgement I certify and agree to the terms set forth above.

Employer Printed Name:

By:

Date:

Employee Printed Name:

By:

Date:

What the Employee Visa Application Agreement Is

An Employee Visa Application Agreement is a written contract between an employer and an employee that documents responsibilities, costs, timelines, and legal consents related to sponsoring or supporting an employment-based immigration petition. The agreement typically clarifies who pays filing and legal fees, whether the employer will continue employment if a petition is denied, obligations for providing truthful information, and authorization to share documents with immigration counsel. It does not replace USCIS forms but accompanies employer petitions and internal HR processes to reduce misunderstandings during recruitment and immigration processing.

Why a Clear Agreement Matters

A formal Employee Visa Application Agreement reduces disputes, documents who pays which costs, and creates a record for compliance and auditing. It aligns employer and employee expectations, supports counsel during petition preparation, and helps HR manage timelines and document retention under federal rules such as ESIGN and UETA.

Who Typically Uses This Agreement

Employers, HR professionals, immigration counsel, and sponsored employees use this agreement to document responsibilities and consent prior to petition filing.

Employers and HR teams auditing sponsorship commitments and cost allocations.
Immigration attorneys preparing petitions and collecting client authorizations.
Sponsored employees confirming consent, document sharing, and payment responsibilities.

Clear role delineation helps ensure petitions proceed with complete, consistent documentation and reduces the risk of procedural delays.

Step-by-step: Completing the Agreement

Follow a consistent sequence to prepare, review, and sign the Employee Visa Application Agreement to avoid omissions and preserve evidence of consent.

01

Prepare: Draft agreement with counsel and attach required exhibits.
02

Review: Provide employee time to review and ask questions.
03

Sign: Obtain signatures from authorized employer representative and employee.
04

File: Retain executed copy and provide counsel for petition submission.

How to configure an online agreement workflow

Set up an eSignature and document routing workflow that matches internal approval steps and immigration counsel requirements.

Field	Configuration
Signer Order	Employee signs after employer approval
Authentication	Email plus optional SMS or KBA
Retention	Store signed PDF with audit trail
Notifications	Automated reminders and copy to counsel

Where to send or file the executed agreement

Route executed agreements to internal HR, immigration counsel, and the employee; keep copies for petition support and audits.

Employer Records: HR retains original executed agreement for compliance.
Immigration Counsel: Provide counsel a certified copy to attach to the petition file.
Employee Copy: Give the employee an executed copy for their records.
Secure Archive: Store in encrypted document repository with access controls.

Digital signing and system considerations

Ensure the provider supports ESIGN/UETA compliance and any industry-specific addenda such as HIPAA BAAs when protected health data is involved.

Authentication: Email, SMS code, or stronger
Integrations: Connects with HRIS and document storage
Recordkeeping: Full audit log and tamper-evidence

eSignature vendor comparison for signing agreements

Compare common plan features and starting prices. signNow is listed first per standard comparison conventions; verify plan details before purchasing.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day trial	Varied	Varied	Varied	Varied
Bulk Send	Yes	Yes	Yes	Yes	Varied
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

Timing considerations and internal deadlines

Establish internal deadlines tied to recruitment, petition filing windows, and required documentation to avoid missed opportunities.

Agreement Signed Before Filing:

Obtain signatures before counsel prepares petition supporting evidence

Document Collection Window:

Allow sufficient time for passport, employment records, and translations

Internal Review Timeline:

Set HR and legal review deadlines to meet filing windows

Premium Processing Option:

Consider if faster adjudication is needed; fees vary

Biometrics Scheduling:

Expect fingerprint appointments after petition acceptance

Key milestones from agreement to adjudication

Track milestones in sequence so responsibilities and next actions are clear at each stage of the sponsorship lifecycle.

01

Offer and Acceptance

Employer extends offer; employee accepts terms of employment

02

Agreement Execution

Both parties sign the Employee Visa Application Agreement

03

Petition Preparation

Counsel assembles Form(s) and supporting evidence

04

USCIS Adjudication

USCIS receives petition and issues receipt or RFE/decision

Essential data to collect and protect

Employee Name: Full legal name

Date of Birth: MM/DD/YYYY

Passport Details: Number and country

Job Description: Title and duties

Fee Allocation: Who pays which fees

Consent and Authorization: Document sharing permission

Risks and potential consequences of errors

Filing Delay: Missing or inconsistent data delays petitions

Denial: Material misstatements can cause denial

Financial Loss: Unclear fee terms lead to disputes

Privacy Breach: Unprotected PII risks regulatory action

Compliance Violation: Failure to retain I-9s or records

Reputational Harm: Candidate experience and employer brand impact

Practices that reduce risk and speed processing

Adopt consistent review, signature, and retention processes to support petitions and regulatory compliance.

Use counsel for drafting

Have immigration counsel review the agreement text to ensure obligations are consistent with petition strategy, applicable regulations, and no clauses inadvertently shift prohibited costs to the employee.

Align with petition data

Ensure names, dates, job titles, and duties match the petition and supporting documentation exactly to reduce RFEs and avoid discrepancies during USCIS review.

Protect personal data

Limit access to passport numbers and PII, store executed agreements in encrypted systems, and follow HIPAA or other industry rules when medical information is present.

Record signature authority

Document employer signatory authority and job title so USCIS or auditors can confirm the signer's capacity to bind the employer in sponsorship matters.

Common questions about Employee Visa Application Agreements

Answers to frequent questions about e-signatures, notarization, signatory authority, corrections, revocations, and retention for immigration support.

Need help? Contact support

Can the agreement be e-signed?
Yes. Electronic signatures are legally enforceable under the ESIGN Act (15 U.S.C. §7001) and UETA in most states when intent, consent, attribution, and retention are present.
Is notarization required?
Not typically required for USCIS petitions, but notarization or RON may be advisable when documents will be legalized for foreign use or where state law requires acknowledgement.
Who should sign for the employer?
An authorized representative with signatory authority should sign. Document the signer’s title and authority to bind the employer to avoid capacity disputes.
How to correct a signed error?
If an error is discovered, prepare a signed amendment or corrected agreement signed by both parties; retain the original plus the amendment and note reasons for the change.
How can the agreement be revoked?
Specify revocation mechanics in the contract. Generally, revocation requires mutual agreement or relies on clauses addressing termination and notice periods.
How long should records be kept?
Retain according to federal and industry rules: I-9s per 8 CFR §274a.2, tax-related files per IRC §6501(a), and HIPAA records for six years where applicable.

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