Permit to Work Application Process Explained (2026)

Getting a work permit approved is a multi-stage, multi-agency process that looks very different depending on which country you are hiring into, which visa route applies, and whether the employer or the employee carries the primary filing burden. Understanding the full sequence — from employer eligibility checks through to the moment the worker can legally start — saves money, prevents delays, and keeps both parties on the right side of immigration law. This guide explains the permit to work application process step by step, covering the US and UK in detail, with illustrative timelines, cost estimates, and the most common errors hiring teams make.

Why This Matters in 2026

Work permit processes have tightened significantly across major destination countries over the past two years. In the United States, USCIS fee increases effective in 2024 carried through into 2026, premium processing costs have risen, and fraud-detection scrutiny on employer petitions has intensified. In the United Kingdom, post-Brexit immigration rules are now fully embedded, salary thresholds were raised in April 2024 and are indexed for 2026, and the Home Office has increased on-site compliance visits to licence-holding sponsors.

For employers with no prior experience sponsoring foreign workers — particularly foreign nationals running businesses in the US or UK without a domestic HR background — these changes make the procedural detail more consequential than ever. A missed deadline, an incorrect salary on the petition, or an absent document can add months to a hire and in some cases trigger an enforcement investigation.

At the same time, the talent case for international hiring has never been stronger. Technical skills gaps in engineering, healthcare, and finance remain acute. If you are considering your options for bringing in overseas talent, the broader context in How to Hire Foreign Workers Legally in the US (2026) is worth reading alongside this procedural guide.

What "Permit to Work" Actually Means

The phrase "permit to work" is used loosely across different jurisdictions and industries. In the immigration context used throughout this article, it refers to any government-issued authorisation that allows a foreign national to take up paid employment or self-employment in a host country. Depending on the route, this might be:

• A visa with work rights (e.g., UK Skilled Worker visa, US H-1B visa endorsement in the passport)
• A standalone Employment Authorization Document (EAD) issued by USCIS to certain non-immigrant and adjustment-of-status applicants
• A work permit card (common in Canada, Ireland, and many EU member states)
• A digital immigration status record (now standard in the UK under eVisa)

The process for obtaining any of these documents involves at least two parties — the worker and a government agency — and usually three: the worker, the employer, and the government.

The Two Main Models: Employer-Led vs. Worker-Led Applications

Understanding which party carries the legal filing burden is the first step in planning your timeline.

For most business-sponsored hires, you are operating in the employer-led column. The rest of this guide focuses on that model, using the US and UK as the primary examples.

Stage 1: Confirm Employer Eligibility

Before a single form is filed for the worker, the employer must confirm they are authorised to sponsor.

United States

There is no general pre-registration requirement for most US employer-sponsored visa categories. However, for H-1B and H-2 routes, the employer must file a Labor Condition Application (LCA) with the Department of Labor, certifying that:

• The offered wage meets or exceeds the prevailing wage for the role and location
• Hiring the foreign worker will not adversely affect working conditions for US workers
• There is no strike or lockout at the worksite

The LCA must be certified before the I-129 petition is filed with USCIS. Processing typically takes seven business days, though it can be faster. For a full breakdown of H-category visa structures, see H Visa Types Explained for US Employers (2026 Guide).

United Kingdom

UK employers must hold a valid Sponsor Licence issued by the Home Office before they can issue a Certificate of Sponsorship (CoS) to any prospective Skilled Worker visa applicant. Applying for this licence takes preparation: the Home Office assesses your HR systems, your ability to monitor compliance, and your company's legitimacy. Processing of a new licence application currently takes up to eight weeks for standard applications, though this varies — see How Long Does a Sponsor Licence Application Take? 2026 for a current timeline breakdown.

If you are starting from scratch, How to Apply for a UK Skilled Worker Sponsor Licence walks through the application in detail.

Stage 2: Confirm the Role Qualifies

Not every job is eligible for sponsorship under every route. Each country maintains either a formal eligible occupations list or a set of threshold criteria (skill level, salary, or both) that the role must meet.

US Specialty Occupation (H-1B)

The role must require at minimum a bachelor's degree (or equivalent) in a specific academic field directly related to the job. USCIS scrutinises job descriptions carefully — generic descriptions of "business analyst" or "consultant" roles face higher rates of Requests for Evidence (RFEs) in 2026.

UK Skilled Worker Visa

Roles must appear on the eligible occupations list (using Standard Occupational Classification codes) and meet the minimum salary threshold. As of 2026, the general minimum is £38,700 per year for most roles, or the "going rate" for the specific occupation code — whichever is higher. Some shortage occupation concessions still exist but were significantly narrowed from 2024 onwards.

For a comprehensive look at which roles pass these tests, Which Roles Qualify for Visa Sponsorship: 2026 Guide is the authoritative reference in this publication.

Stage 3: Prepare and File the Employer's Documents

This is the stage where most errors occur. Preparation is everything.

US: Building the H-1B Petition Package

A compliant I-129 petition package typically includes:

1. Certified LCA (from Stage 1)
2. Form I-129 and H Classification Supplement
3. Support letter from the employer explaining the specialty occupation nature of the role
4. Educational evaluation (foreign degrees must be assessed for US equivalency)
5. Evidence of the worker's qualifications (transcripts, degree certificates, professional licences)
6. Prevailing wage documentation (from DOL or an independent wage survey)
7. Client letters (if the worker will be placed at a third-party worksite)
8. Filing fees — as of 2026, base filing fees for an H-1B petition total over $1,385 for most employers, plus optional premium processing of $2,805

Illustrative example: A Chicago-based software company sponsors a senior developer from Brazil. The employer pays $1,385 in base fees, $2,805 for premium processing, and approximately $3,500 in attorney fees — a total illustrative cost of around $7,690 before any relocation support. See Staff Hiring Costs When Recruiting From Overseas (2026) for a full breakdown of budget items.

UK: Issuing a Certificate of Sponsorship

Once the employer holds a sponsor licence, they assign a CoS to the specific worker via the Sponsor Management System (SMS). The CoS record must accurately state:

• Job title and SOC code
• Salary (gross annual and hourly rate)
• Start date
• Whether the worker is applying from inside or outside the UK

The CoS fee is £239 for a defined CoS or £525 for an undefined CoS (2026 schedule). Incorrect salary entries at this stage are the single most common cause of visa refusals, because the Home Office compares the CoS salary to the going rate for the SOC code automatically.

Stage 4: The Worker Applies for the Visa

Once the employer's filing or CoS assignment is complete, the worker takes over the application process.

US Process

For H-1B cap cases, there is no worker visa application step until USCIS approves the I-129 petition. After approval:

• Workers outside the US attend a consular interview at a US embassy or consulate in their home country
• Workers already in the US on another valid status may be able to change status without leaving, using the approved I-129

UK Process

The worker uses the CoS reference number to apply online at gov.uk/skilled-worker-visa. They must:

1. Create a UKVI account
2. Complete the online form (approximately 45–90 minutes)
3. Upload supporting documents (English language evidence, finances if applicable, qualifications)
4. Pay the visa fee — currently £610–£1,500 depending on length, plus the Immigration Health Surcharge (£1,035 per year as of 2026, paid upfront for the full visa duration)
5. Attend a biometric appointment at a Visa Application Centre

For workers outside the UK applying for a visa longer than six months, total worker-paid costs on a three-year visa illustratively exceed £4,600 before travel and accommodation.

Stage 5: Decision, Biometrics, and Entry

After submission, the government reviews the application, may request additional documents (RFE in the US; further information requests in the UK), and issues a decision.

Comparison of Decision Timelines

Note: All timelines are illustrative based on published government guidance as of early 2026; actual processing times fluctuate with application volumes. For Germany-specific routes, see Germany Work Visa Routes for Employers: 2026 Guide.

Stage 6: Pre-Arrival and Onboarding Compliance

A granted visa does not end the employer's obligations. The work permit framework imposes ongoing compliance duties.

• Right-to-work checks must be completed before the worker's first day — not retrospectively
• UK sponsors must report changes to the worker's role, salary, or location via the SMS within defined timeframes
• US employers must maintain a Public Access File for each H-1B worker, available for Department of Labor inspection
• If the worker is relocating internationally, the onboarding process has additional complexity — see How to Onboard an Employee Relocating from Abroad (2026) for a checklist-based approach

Employment contracts should also be reviewed for cross-border completeness before the worker starts. International Employment Contracts: What to Include (2026) covers the clauses that matter most in a sponsored employment context.

Common Mistakes in the Permit to Work Application Process

1. Starting Too Late

Mistake: Treating the work permit application as something to begin after the job offer is signed.

Solution: Start the eligibility and employer registration steps as soon as international hiring becomes a possibility, not a certainty. For US H-1B cap cases, the annual lottery registration window opens in March — missing it means waiting a full year.

2. Incorrect Prevailing Wage or Going Rate

Mistake: Setting the salary based on internal pay bands without checking the legally required minimum for the visa route.

Solution: Use the Department of Labor's OFLC Wage Library (US) or the Home Office's published going rates by SOC code (UK) before making any offer. The salary on the offer letter, the LCA, and the I-129 must be consistent; the salary on the CoS must meet the going rate — errors here trigger automatic rejections.

3. Using Generic Job Descriptions

Mistake: Filing vague descriptions like "IT consultant" or "business analyst" without specificity about duties, tools, and required qualifications.

Solution: Write the job description to match the visa route's criteria. For H-1B, tie every core duty to a specific academic discipline. For UK Skilled Worker, map the role to the most accurate SOC code before issuing the CoS.

4. Missing the Right-to-Work Check

Mistake: Allowing a new sponsored employee to start work before completing a compliant right-to-work check.

Solution: In the UK, the employer must check the worker's eVisa status via the Home Office online service before day one — a photocopy of the old vignette sticker is no longer sufficient. In the US, the I-9 must be completed by day three of employment.

5. Not Accounting for Premium Processing Costs in Budgets

Mistake: Budgeting only for government filing fees and overlooking attorney costs, premium processing, and the UK Immigration Skills Charge (ISC).

Solution: Build a complete cost model at the start of the hiring process. The UK Immigration Skills Charge alone costs £1,000 per year for medium/large employers (£364 for small/charitable sponsors) — on a three-year CoS, that is £3,000 before any other fee.

6. Errors in the Certificate of Sponsorship

Mistake: Entering the wrong start date, SOC code, or salary on the CoS — which cannot be corrected after the worker has applied.

Solution: Treat the CoS assignment as a formal document execution step, not an admin task. Have a second reviewer — ideally the Authorising Officer or a legal adviser — check every field before assigning.

7. Forgetting That Job Changes Can Require New Applications

Mistake: Moving a sponsored worker into a different role or giving them a promotion that changes their salary, job title, or work location without filing the appropriate notification or amendment.

Solution: In the US, material changes to H-1B employment require an amended I-129 before the change takes effect. In the UK, sponsors must update the SMS and, if the salary drops below the going rate for the new role, the worker may need to reapply. Ongoing compliance obligations for UK sponsors are covered in Sponsor Licence Renewal & Reporting Changes: 2026 Guide.

8. Overlooking the Worker's Personal Financial Requirements

Mistake: Assuming approval of the employer's petition automatically means the worker's visa will be granted without issue.

Solution: Some UK Skilled Worker visa applicants must show personal savings of at least £1,270 unless the employer certifies they will cover maintenance costs. Make sure the worker is aware of this requirement well before they submit their application so they are not caught short.

Illustrative End-to-End Timeline: UK Skilled Worker Hire

The following is an illustrative scenario only and does not represent a guarantee of any specific outcome.

Company: Mid-sized fintech firm in London (existing sponsor licence holder) Role: Senior Data Engineer, SOC 2136, salary £72,000 Worker: Applicant based in India

Illustrative total employer cost: CoS fee £525 + Immigration Skills Charge £3,000 (3 years, medium employer) + legal review £1,500 = approximately £5,025. Worker-paid costs (visa + IHS): approximately £4,605.

Where to Find Reliable, Current Information

Given how frequently fees, thresholds, and processing times change, always verify details against official sources:

• US: uscis.gov, dol.gov/agencies/eta/foreign-labor
• UK: gov.uk/skilled-worker-visa, gov.uk/sponsor-workers
• EU/Germany: Make.it-in-germany.com, local German consulate websites

For employer-side eligibility, documentation, and ongoing compliance, this publication's Sponsor Licence and Hiring Internationally series covers the operational detail that official guidance often omits. If your decision turns on whether a specific worker qualifies for a route, or how a visa category interacts with your company's tax position, consult a licensed immigration attorney and a CPA or chartered accountant respectively — not a general guide.

The permit to work process is procedurally demanding but entirely manageable with good preparation, accurate documentation, and realistic timelines. Build the process into your hiring workflow from the first conversation with a candidate, not the last, and the paperwork becomes an orderly sequence rather than a crisis.