Many people dream of working in the United States from different parts of the world. If you want to work there, you need to know about the different types of work visas.
You have to figure out which visas you qualify for and understand the application process and the documents you need to submit.
Permit To Work in the United States of America
If you are a permanent resident, an asylee, a refugee, or certain nonimmigrants, you already have permission to work in the United States because of your immigration status. This means you don’t need to apply for a special work permit.
To work in the United States, you need to get permission or a special document that allows you to work there. Here’s what you need to know:
1. Check if you’re eligible
First, find out if you can work in the United States. U.S. citizens, green card holders (people who can live and work in the U.S. permanently), and some people with specific visas can usually work. If you don’t fall into one of these categories, you might need to explore other options or programs that let foreign workers come to the U.S. for work.
2. Get a work visa
If you’re not a U.S. citizen or green card holder, you’ll likely need a work visa to work legally in the United States. There are different types of work visas available depending on your skills, qualifications, and the kind of job you have.
Common work visas include the H-1B visa for specialized workers, the L-1 visa for transferring within a company, and the TN visa for professionals from Canada and Mexico.
3. Find an employer
In most cases, you’ll need a job offer from a U.S. employer before you can apply for a work visa. Employers usually have to support and sponsor foreign workers by filing a request with the U.S. Citizenship and Immigration Services (USCIS).
They need to show that they genuinely need you for the job and that they tried to hire U.S. workers first.
4. Complete the necessary paperwork
Once you have a job offer and an employer supporting you, you’ll need to fill out the required forms to apply for a work visa.
This involves providing personal information, documents like your passport and educational certificates, and paying the fees. The specific requirements and steps can vary depending on the type of work visa you’re applying for.
5. Attend an interview and wait for approval
After you submit your application, you might need to go for an interview at a U.S. embassy or consulate in your home country. This interview is a chance for a consular officer to evaluate if you meet the criteria for a work visa.
If you’re approved, you’ll get a special stamp in your passport that allows you to travel to the United States and work for the specific employer mentioned.
Work Visa in the United States Is Right For You
Individuals seeking temporary employment in the United States have a variety of possibilities depending on the type of job they are looking for. There are a variety of work visa alternatives available in the United States, including:
- E2 and E1 visa permits: for investors and merchants
- Permit for H-1B visas: for specialized occupations
- L-1 visa: for foreign workers and owners desiring to relocate to a new or existing U.S. firm
- EB-1 Green Card: Outstanding Researcher or Professor immigrant visa classification • H-2B visa permit: for non-agricultural employees
- Exceptional Ability Green Card Permit (EB-2):
- EB-3 Green Card Permit: Professionals, Skilled Workers, and Others
- EB-4 Green Card Permit: Special Immigrants, such as Religious Workers
H1-B Visa Permit for Temporary Skilled Workers
The H-1B visa is a special permission that lets skilled workers from other countries come to the United States for a temporary job. Here are some important things to know about it:
1. Purpose: The H-1B visa is for employers in the United States who want to hire foreign workers with special skills or knowledge. It allows these workers to fill temporary job positions that need a high level of expertise.
2. Eligibility: To qualify for an H-1B visa, you must have a job offer from a U.S. employer who is ready to support your application. The job should require specialized skills or knowledge, usually in fields like science, technology, engineering, or math (STEM). You also need to have the right qualifications and education for the job.
3. Employer’s role: The U.S. employer must file a request for you with the U.S. Citizenship and Immigration Services (USCIS). They have to show that there’s a real need for your skills and that they tried to hire American workers first. The employer must also promise to pay you a fair wage according to industry standards.
4. Limit and lottery: Each year, there’s a maximum number of H-1B visas available. The U.S. government sets this limit. If the number of applications exceeds the available visas, a lottery system randomly selects the applications for further consideration. Some employers and positions are exempt from this limit.
5. Duration: Usually, an H-1B visa is granted for an initial period of three years. If needed, it can be extended for three more years. In certain cases, if you’re in the process of getting a green card (permanent residence), you may be able to extend it beyond the six-year limit.
6. Dependents: H-1B visa holders can bring their spouse and unmarried children under 21 years old to the U.S. on an H-4 visa. However, H-4 visa holders don’t automatically have permission to work in the U.S. Some recent changes allow certain H-4 visa holders to apply for work authorization, but it’s not automatic.
Remember, it’s important to consult with an immigration lawyer or check the USCIS website for the most accurate and up-to-date information about the H-1B visa process, requirements, and any recent changes in rules or policies.
J-1 Visa (Holiday Work Visa/Exchange Visitor Visa)
The J-1 visa is a special visa for people who want to come to the United States to participate in work and study exchange programs. It’s not a permanent visa, but it allows individuals to experience living in the U.S. before returning to their home countries.
H2-A Visas for Seasonal Agricultural Workers
The H2-A visa is for foreign workers who want to work in the United States temporarily in the field of agriculture. It’s for jobs that are seasonal or temporary and when there is a shortage of available workers in the U.S.
H-2B Visa for Temporary Non-Agricultural Work
The H-2B visa is a temporary visa for non-agricultural workers. It allows foreign workers to come to the United States to work in industries where there is a shortage of local workers. Examples of these jobs include truck driving, ski resorts, hotels, beach resorts, and amusement parks.
Nonimmigrant NAFTA Professional Visa (TN)
The North American Free Trade Agreement (NAFTA) has made it easier for Canadians and Mexicans to join US markets by allowing them to apply for U.S. visas on a “fast track” basis through the TN visa. A TN visa is only available to nationals; permanent residents and landed immigrants are not eligible.
There are a few jobs that qualify for the TN visa, but if your job offer isn’t one of them, give us a call; we might be able to assist!
Requirements for a US Work Permit
- Passport(s) valid for at least 60 days beyond the immigrant visa’s expiration date.
- Form DS-260, Application for Immigrant Visa and Alien Registration.
- Two (2) 22-inch photos.
- Documents pertaining to the applicant’s civil status.
- Assistance with finances.
- Forms of Medical Examination Completing
You will be needed to attend an interview at your local embassy or consulate. A valid passport, as well as any additional papers not previously given, should be brought to the interview by each candidate.
Processing Time for a Work Permit in the United States
The length of time it takes to get a work permit in the United States varies based on the sort of visa you’re applying for and where it’s handled. For example, if you apply for an H-1B visa through the California office, it may take 8 to 10.5 months to process. It would take 6.5 to 8.5 months if you filed for the same visa through the Vermont service center.
To obtain a better idea of how long your US work permit application will take, we recommend seeing an immigration specialist.
How to Convert a Work Visa into a Green Card
Having a work visa in the United States may lead to becoming a permanent resident in Canada in different ways. One option is to get an Employment-Based Green Card, which gives you permanent residency in the US.
If you have a US work visa but don’t have an employment-based green card, there are other ways to get permanent residency.
1. Employer sponsorship: If your employer values your work and you have been hired on a work visa, they might be willing to sponsor you for permanent residency. This would make the process of getting a green card faster and easier.
2. Invest in an EB-5 visa: Another option is to invest money in the United States in exchange for an EB-5 visa. An EB-5 visa is a work-based green card that allows you to live permanently in the United States.
3. Family sponsorship: If you have a family member who is a US citizen or permanent resident, they can sponsor you to become a permanent resident. Their sponsorship can help you on your path to obtaining permanent residency in the United States.