Guide On The US Work Visas

In addition to being a popular tourist destination, the United States is also one of the best places to work. People worldwide come to work in the United States due to the high wages and good working conditions. The United States has amazing opportunities for foreign nationals seeking new jobs.

There are many different types of US work visas, and choosing the right one will be the first step to getting the right permission to work and live in the US legally. If you plan to work in the US temporarily, you must apply for a US work visa. You can’t work in the US as a visitor or under the visa waiver program.

Even if you have plenty of time to prepare and submit an application, it is important to consider which route best suits your needs and what you must do and provide when making your application. Choosing the right visa for you is just the first step.

Applications for US work visas across all categories are highly scrutinized. So, a well-written and well-structured application is essential for your approval. You must provide enough evidence to convince the authorities that your qualifications and experience meet the eligibility criteria.

Your employer may be asked to explain why a resident worker couldn’t be hired. You will also need to get ready for your visa interview. This post provides useful guides on how the US work visa system works.

The meaning of the US work visa

The US work visa allows you to work in the US for a specific period. This period should be indicated in your employment contract or your US work visa approval. There are two ways to get a US work visa: as a temporary employee or a sponsored/permanent employee.

A US non-immigrant visa is required for temporary employees, and an immigrant visa is required for sponsored employees. You must meet a list of requirements for a US work visa and submit relevant documents.

Who can work in the US?

All legal residents of the United States can work without submitting a work authorization application. Foreign nationals who wish to enter the United States for employment must submit a US work visa application.

In most cases, a US work visa requires an offer of employment from an employer based in the United States that will serve as the sponsor. Some individuals are on a non-employment-based status and are allowed to work but must first submit a US work visa application.

Each US work visa category has its requirements that applicants must meet. These requirements are usually set by law and differ from visa category to visa category. It is important to understand the requirements before applying for a work visa.

Each visa category also includes various documents and procedures for employers and employees. Following these guidelines can help you improve your chances of being accepted to work in the United States and receive paid employment.

Overview of permanent US work visas

Several types of US work visas give foreign nationals permanent resident status, which means they can work and live in the United States for the rest of their lives. These are immigrant visas. If you have this status, you will be issued a green card, which allows you to work and live anywhere in the United States.

You can usually get a green card for ten years and renew it as often as you like. Permanent resident status in the United States comes with several advantages and privileges. It also provides you with a smooth path to becoming a US citizen.

As a green card holder with an employment-based visa, you can become a citizen by naturalization after 5 years of being a permanent resident. There are also categories for family-based green cards for individuals with qualifying relationships with US citizens and legal permanent residents.

All green cards issued under employment-based programs are issued according to the chronological order in which petitions were filed. Once the annual limit for each of your categories has been reached, you will have to wait in the queue until a US work visa is available for you under your category.

There are high backlogs for some categories, which can keep you waiting for several years after applying. You may need to regularly check your application status in the monthly visa bulletin to see when a US work visa will be available.

Types of permanent US work visas

1. EB-1 visas.

This category is restricted to professionals demonstrating exceptional skills in certain areas. Because of its rigorous criteria and requirements, it is sometimes known as the “most prestigious” permanent US work visa. Applicants must have a track record of significant honors or achievements in their field to be eligible for this category.

There are three categories of EB-1 visas: EB-1A, EB-1B, and EB-1C. If you are an outstanding professor or researcher in your field, you may be eligible for E-1B. The EB-1A visas are for those with special abilities. If you are a successful international executive or manager, you may file an EB-1C visa.

While an EB-1A petition may be filed directly with USCIS, EB-1B and EB-1C petitions need a job offer and a sponsor. EB-1A applicants don’t need an employment offer or an employer to sponsor them.

2. EB-2 visas.

This category is for applicants with advanced degrees and exceptional ability. Generally, this category requires a labor certification approved by the DOL. It also requires an offer of employment and a petition sponsored by an employer in the US.

It has distinct subcategories for applicants based on an advanced degree, exceptional ability, and national interest waiver. National interest waiver applicants do not need labor certification or a job offer. They can file their petition with USCIS.

3. EB-3 visas.

This visa is divided into three subcategories: “skilled workers,” “professionals,” and “other workers.” Skilled workers have at least two years of experience or training in a job that is not seasonal or temporary. USCIS may consider relevant education to be training.

Professionals have at least a minimum US baccalaureate of their foreign equivalent qualification and belong to the professions category. Other workers have less than two years’ education, training, or experience in unskilled labor. In general, the DOL requires labor certification. A job offer from an American employer is required. The employer must also file a petition.

4. EB-4 visas.

This visa applies to religious workers and other eligible groups. There is no requirement for labor certification. You can also file a petition on your own. Learn more about these eligible groups by talking with an immigration lawyer.

5. EB-5 visas.

This type of capital investment visa allows foreign investors to invest in new businesses in the United States. The investments must create jobs for American workers. The minimum investment required for this visa is between $900,000 and $1.8 million.

Depending on the category you are applying for, you may be eligible for several different types of EB-5 visas. You will first be issued a two-year conditional permanent resident visa. During this time, you must demonstrate that you meet the EB-5’s investment requirements. Once you meet these requirements, you will be issued an unconditional green card for 10 years.

The application for a permanent US work visa

The application route will vary depending on the category you are applying for. Your prospective employer (a sponsor or petitioner) will submit form I-140. They may also need to file a labor certification application with the Department of Labor (DOL). They typically do this to seek approval to hire foreign employees full-time.

Once your I-140 petition has been approved, your visa beneficiary (employee) can file for a green card through USCIS. They will file form I-485. The steps that follow may include:

• Attending a biometric appointment where your photograph, fingerprints, and signature will be captured.
• Getting an invitation to an immigration interview where your permanent residence application will be decided upon.
• Being allowed to immigrate to the United States with your immediate family.

Once you enter the United States, your spouse and children may be allowed to immigrate with you.

Temporary US work visas

If you only want to work in the United States temporarily, different types of temporary US work visas are available. These visas are known as nonimmigrant work visas. Most of them are also renewable. However, they usually have a maximum stay in the United States.

Once you exceed the allowed period, you must leave the United States, except if you get another valid status. Foreign professionals who want to live in the United States permanently can change their temporary status to a permanent one as long as their visa category allows it.

Generally, temporary US work visa applicants must have an offer of employment from a US employer that also sponsors their petition.

Types of temporary US work visas

1. H-visas.

There are five types of H series US work visas, primarily used by workers in highly skilled occupations. The H series work visa also permits H-4 nonimmigrant status for spouses and children under 21.

2. L-visas.

L-type US work visas are issued for jobs that require you to work at an employer’s branch, parent company, affiliate company, or subsidiary. These jobs are typically managerial/executive positions requiring specialized knowledge. To apply for L-visas in the US, you must have worked for the same employer abroad for at least 1 year in the last 3 years. This visa is mainly required for job roles with high-level tasks and duties, such as executives and managers.

3. O-visas.

If you are an exceptional talent in your field, you may want to advance your career or share your expertise in the US. There are two categories of O-visas: O1-A and O1-B US work visas. O-1 visas are designed for people with the highest success in their field.

O1-A visas are for people with exceptional aptitude in science, education, commerce, or sports, while O1-B visas are for people with exceptional aptitude in the arts or extraordinary accomplishments in the film or television industry. To qualify for an O-visa, you must:

• Demonstrate exceptional aptitude by achieving sustained national or international recognition.
• Have a level of skills and recognition significantly higher than what is commonly seen.
• Be coming to the US to continue working in your field.
• Must have a sponsor

The O-visas are valid for up to 3 years and can be renewed if there is evidence of continuing activity in the US. Holders of this visa can be accompanied by key individuals under category O-2 who support their “artistic or athletic activity.” Dependents can also get O-3 visas.

Learn about more types of temporary US work visas that may fit your needs by consulting an immigration lawyer.

The application for temporary US work visas

There is no general approach to getting temporary US work visas, as each has its procedures. In most cases, your employer will first file a form I-129 petition. If it is approved, you can submit your visa application to a US embassy or consulate in the country you are currently residing in.

For some work visas, like H1-B, you must obtain a labor certificate from the Department of Labor (DOL). This certification is needed to prove there is a need to hire a foreign worker and that the hiring will not adversely affect US workers. You must submit all documents relevant to your US work visa application.

Get help!

Now that you have a better understanding of the US work visa, it is essential to remember that there is much more to it than meets the eye. The best way to ensure that you have a stress-free win on your US work visa application is to secure the services of an immigration lawyer.

Our immigration lawyers at Gehi and Associates have extensive experience handling US work visa cases and can guide you through the application process to achieve outstanding results. Contact us today to get started!