The United States is a popular place to work in addition to being a popular tourism destination. Because of the high pay and pleasant working conditions, Americans are in high demand around the world.Also see more:Canadian scholarships for International Students
You can enter the United States for employment in one of two ways:As a contract worker
being a sponsored/permanent worker
While sponsored employees require an immigrant visa, temporary employees only need a US non-immigrant visa. Everything you need to know about working temporarily in the US and obtaining a work visa is covered in this article.Also see more:What is Needed and How to Apply for a Student Visa in the UK
What is a work visa for Americans?
People who wish to visit and temporarily work in the US for a predetermined length of time use the Work Visa USA. The employment contract or visa application should specify the duration of your employment. One cannot work continuously or indefinitely in the US with this kind of visa. To be qualified to apply for a temporary work visa in the United States, applicants must meet a number of conditions for US visas and submit the documents listed in the following sections of this article.
USA Work Visa Types
Depending on your goals and the type of work you wish to conduct, there are various US work visa categories.
Here the following are examples of US temporary work visas:
Person in Specialty Occupation H1B Visa to pursue a particular profession. calls for a college degree or its equivalent. includes government-to-government research and development, or coproduction programs managed by the Department of Defense, as well as fashion models of exceptional distinction and talent.
H-1B1 visa: Chile and Singapore are FTA professional countries. to pursue a particular profession. requires a post-secondary degree that took at least four years to complete and involved specialized study in the discipline. This visa does not depend on a petition.
Temporary Agricultural Worker H-2A Visa. for transient or intermittent agricultural employment. limited to residents or nationals of specified nations, with a few exceptions if it’s in the interests of the US.
Temporary Non-Agricultural Worker H-2B Visa. for temporary or seasonal employment outside of agriculture. limited to residents or nationals of specified nations, with a few exceptions if it’s in the interests of the US.
Trainee or special education visitor with an H-3 visa. receiving training that is not offered in the trainee’s nation of residence, such as practical training programs in the education of kids with mental, physical, or emotional problems.
I permit: Media representatives from abroad. The visa enables journalists and individuals in the media or information industries to finish their work while they are in the US.
Intracompany Transferee: L1 visa. To hold a management or executive position at a branch, parent, affiliate, or subsidiary of the current employer, or to work in a position that requires expertise. A person must have worked for the same employer overseas consistently for one year in the three years prior.
Individual, team, or entertainment group member with a P-1 visa. to participate as an athlete or as a member of an entertainment group in a specific athletic tournament. requires a degree of consistent performance that is internationally recognized. includes others who assist the aforementioned person with necessary services.
Artist or entertainer P-2 visa (Individual or Group). for performance under a program of reciprocal exchange between a U.S.-based organization and a foreign organization. includes others who assist the aforementioned person with necessary services.
Artist or entertainer P-3 visa (Individual or Group). a traditional ethnic, folk, cultural, musical, theatrical, or artistic performance or presentation; to perform, teach, or coach under such a program. includes others who assist the aforementioned person with necessary services.
Temporary Nonimmigrant Religious Workers: R-1 visa. to assist foreign nationals in getting jobs in religious organizations in the US. Only people who have a direct connection to religious work, such as clergy, are eligible.
NAFTA workers on TN visa. This visa enables temporary employment in the US for Canadian lawyers, scientists, engineers, and teachers.
O1 Visa: A visa for individuals with exceptional abilities. Those who can demonstrate expert knowledge in science, business, education, athletics, or the arts who have received international reputation are eligible for the O1 visa due to their work
Work Visa USA Requirements
Before submitting an application for a US work visa, a potential applicant must meet three prerequisites. The Embassy may reject your request for a visa if you fail to meet any one of these requirements. You won’t be able to visit and work in the US as a result. The following are these prerequisites:
an offer of employment in the US
To be eligible for a work visa, you must have applied for and been offered a job within the US. That’s because before you begin your visa application, the US demands many documentation from your employment.
US Citizenship and Immigration Services-approved petition (USCIS)
This mandates that your employer submit a Petition for a Nonimmigrant Worker to USCIS prior to your application for a US work visa. The petition, also known as an I-129 form, is crucial to your ability to get a work visa. Your employer’s petition will be approved by USCIS when you can begin the visa application process. Nevertheless, even if your appeal is granted, the US Embassy may still refuse to issue you a work visa. Even if your USCIS petition is approved, the Embassy may decide to deny you a work visa for a variety of reasons.
The Department of Labor’s approval of labor certification (DOL)
A DOL certification is also necessary for some work visas, more notably the H-1B, H-1B1, H-2A, and H-2B. Before even submitting the petition to USCIS, your employer needs to apply for the DOL on your behalf. This certification is required by the US government as evidence that US businesses require overseas workers. They must demonstrate that they are unable to fill those job openings with US citizens. The certification is also required to make sure that temporary foreign workers do not adversely affect American citizens’ access to employment prospects.
US Work Visa Conditions
In addition to completing the three qualifying preconditions, you will additionally need to have these documents:
Valid passport, which must be valid for the whole time of your visit to the US and for a further six months following your return, and a photo of yourself with a current US visa, which you must upload while completing the online application.
The Petition for a Nonimmigrant Worker (I-129 Form) receipt number, which you can locate on your approved petition.
a confirmation page indicating that your nonimmigrant visa application is complete (DS-160 Form).
a receipt demonstrating your payment of the application fee. The application fee for US work visas is $190. You should speak with your local US Embassy for more information since there may be additional costs that are relevant to your region.
Evidence that after your employment in the US is over, you’ll go back to your home country. With the exception of the H-1B and the L visa, this rule is applicable to all categories of work visas. Here are some examples of how to demonstrate that you will leave the US and return:
Providing your financial situation
Your ties to your family
Any long-term intentions you may have Your home, where you intend to stay
For individuals requesting a L visa, you must additionally have a completed I-129S form (Nonimmigrant Petition Based on Blanket L Petition). At your visa interview, you should bring this form with you.
In addition to these standard requirements, which apply to everyone applying for a US work visa, there may be additional paperwork you need to provide. For more specific information, you should get in touch with the US Embassy in your area.Also see more:Visas for non-immigrants in the United States
Application Processes for Work Visas in the USA
You are eligible to begin your application for a US work visa provided you have met the three prerequisites and acquired the required paperwork. You can apply by carrying out the following actions:
Fill out the Form DS-160, Online Nonimmigrant Visa Application, and print the confirmation page.
You must provide accurate information on the DS-160 form. If you provide any false information, the Embassy will have sufficient grounds to refuse you a visa. Additionally, the DS-160 form is accessible in a variety of languages; nonetheless, all responses must be given in English.
Plan your interview.
You should schedule your interview as soon as you complete all the requirements due to the large volume of applications that US Embassies receive. A visa interview is typically not necessary if you are under the age of 13 or over the age of 80. Interviews are necessary for everyone between the ages of 14 and 79, although Exceptions might apply if you are simply renewing your visa.
Show up for the interview
The US Embassy will use the data from your interview and the information on the DS-160 form to determine whether or not to grant you a visa. Due to this, it is crucial that you arrive at the interview on time, appropriately attired, and armed with the required paperwork. Additionally, you must respond to every query as completely as you can while supplying accurate details. Since visa interviewers are trained to spot fabrications, they will reject your application if you do it.
Carry out additional steps
Depending on where you are, you may have to submit digital fingerprints prior to, during, or after your interview.
as well as any other charges. If the US Embassy issues you a work visa after processing your visa, you can additionally be required to pay a visa issuance fee. The cost of the visa issuance fee is established by the nation from which you are applying.
Your Rights and Obligations
In the US, the government provides a set of rights to temporary workers. They are shielded from abuse and exploitation, and they are free to use these rights without suffering consequences. If someone breaches your rights while you are in the US and you report it, your visa will not be revoked and, as long as it is still valid, the government cannot order you to leave the country.
You have the right to petition to prolong your stay if the inspectors from Homeland Security and other departments grant you entry into the US. But if your visa runs out, you have to leave the nation unless the embassy renews it. If you remain after your work visa expires, you risk lose your chance to apply for one later.
In the same visa category as you, you may also apply for a visa for your spouse or children.
Your spouse and children should apply for an H-4 visa if you possess a H visa.
Your dependents should apply for an L-2 visa if you have a L visa.
Spouses and kids should submit an application for O visas. Spouses and children of those with O-3 visas, P visa holders should apply for a P-4 visa, and those with Q visas should apply for a Q-3 visa.
What is an application for labor conditions?
The US Department of Labor issues a Labor Conditions Application (LCA) or Certification to a company that wishes to employ a foreign worker. The LCA grants the business the authority to employ and sponsor for visas foreign nationals who are neither US citizens or Legal Permanent Residents (LPR).
The LCA states that a US worker was not available, qualified, or willing to fill that post, hence the employer must hire a foreign worker. Additionally, it specifies that the foreign employee’s remuneration
that the pay will be comparable to that of a US worker and that there won’t be any workplace prejudice or problems.Also see more:How to Apply for a Student Visa for Canada
An employment petition is what?
A US business that wishes to sponsor a foreign worker for an employment visa submits an employment petition. The petition, which includes information on the job position, pay scale, and the credentials of the foreign worker, is delivered to USCIS for processing.
The processing and sponsorship expenses must be paid when a US employer submits an employment petition. Additionally, they need to enclose supporting paperwork demonstrating that the business can afford to hire a foreign worker, that all taxes have been paid, and that they have a Labor Certification Application (LCA) from the Department. of Work.
What is a document authorizing employment?
Without a work permit, those on US nonimmigrant visas cannot begin employment. An Employment Authorization Document (EAD), often known as a work permit for the US, can be obtained right once after your visa has been granted.
As long as your visa is still in effect, the EAD enables you to work lawfully for any US company. If eligible, your spouse may also be granted an EAD. Once the visa has been extended or renewed, you must also submit an application to renew your EAD. The EAD article has information on how to apply.
