Before Applying for a Visa.
- Job Offer. A foreign national who wishes to work in the United States temporarily must have first applied for and received an offer for a job in the ...
- Petition by Employer. Once a foreign national has been offered a job, the potential employer must file a petition on their behalf. Employers must ...
- Approval by the Department of Labor. The following work visas require that the employer receive a certificate from the DOL before submitting their ...
- H-1B.
- H-1B1.
- H-2A.
- H-2B.
Full Answer
How to work in the US without a visa?
- You must have a valid passport from your home country with an expiration date at least 6 months beyond your expected departure date
- Your passport must contain a scannable, electronic chip with your biometric information (i.e. ...
- Unless you arrive in the US in your own vehicle, you must have a return ticket to your home country or another foreign country
How to get a visa to work in the US?
- Valid passport – which needs to be valid for the entire duration of your stay in the US and an additional six months after you return
- US visa photo – which you need to upload when you fill out the online application form.
- The Receipt Number, which you can find on your approved Petition for a Nonimmigrant Worker (I-129 Form) which your employer filed.
What are the types of working visa?
Work Visas and Eligibility Requirements
- U.S. Work Visas Requirements. ...
- U.S. Green Cards. ...
- Green Card Lottery Programs. ...
- Exchange Visitor Visas. ...
- Temporary Work Visas (Non-Agricultural) U.S. ...
- Temporary Worker Visas (Skilled Workers) U.S. ...
- Seasonal Agricultural Worker Visas. ...
- Eligibility to Work in the United States. ...
How much is a work visa?
H visas for temporary workers (H-1B visa, H-1B1 visa, H-2A visa, H-2B visa, H-3 visa, H-4 visa) $190: Petition Based: L visas for intracompany transfers (L-1 visa, L-2 visa) $190: Petition Based: O visas for persons with extraordinary abilities (O-1 visa, O-2 visa, O-3 visa) $190: Petition Based: P visa for athletes, entertainers, and artists: $190: Petition Based
How does a work visa works?
Temporary worker visas are for persons who want to enter the United States for employment lasting a fixed period of time, and are not considered permanent or indefinite. Each of these visas requires the prospective employer to first file a petition with U.S. Citizenship and Immigration Services (USCIS).
How long is a work visa good for?
Non-Immigrant Work Visas H-1B visas are valid for the length of the employment contract, up to six years. Extensions beyond six years are unusual unless either the worker or employer pursues an adjustment of status from non-immigrant to immigrant, which would signal the intention of applying for a green card.
Do employers pay for work visas?
A lot of people looking to secure U.S. work visas like the H-1B wonder who pays the fees: the employer or the prospective employee? Generally speaking, the employer must pay for the attorney fees and government filing fees associated with the H-1B petition and Labor Condition Application.
How long does it take to get a work visa?
about two to seven monthsHow Long Does It Take to Get a Work Visa? In general, it takes about two to seven months for the USCIS to process a work permit application. The time your work visa processes will highly depend on the type of visa you applied for. However, with extensive backlogs, there are longer wait times for obtaining work visas.
How hard is it to get a work visa?
Don't be intimidated by a long visa process—it'll pay off (sometimes literally). The work visa application process varies depending on your nationality and destination, but usually you'll need to first secure a job offer and sponsorship. Depending on your destination, you may also need to prove residency.
How much does a US work visa cost?
Visa Types and Application Fee Amounts The application fee for the most common nonimmigrant visa types is US$160. This includes tourist, business, student, and exchange visas. Most petition-based visas, such as work and religious visas, are US$190.
How much does it cost to sponsor a work visa?
Petitioning for foreign workers in the H-1B and permanent employment-based visa sponsorship processes can be an expensive. Sponsoring a nonimmigrant employee for the H-1B can cost anywhere between $1,250 to $4,500 in filing fees alone, not including fees paid to attorneys to facilitate the process.
Can I sponsor someone for a work visa?
Sponsoring a foreign worker for a U.S. job may be quicker and easier through a nonimmigrant visa than through a green card. Sponsoring a foreign worker for a U.S. job may be quicker and easier through a nonimmigrant visa than through a green card.
How do I hire someone with a work visa?
How to Hire Foreign Employees: 5 Steps1) Understand your hiring options. ... 2) Start early. ... 3) Make the necessary preparations within your company. ... 4) Obtain a certification from the Department of Labor. ... 5) Petition USCIS for visas.
Can I live in the US while waiting for my green card?
Some people can stay in the U.S. for the entire period of applying for a U.S. green card. Others must leave the U.S., either while they wait for a visa to become available (which can take years in some cases) or in order to attend their immigrant visa interview, which is the last major step in the immigration process.
Can you get a green card with a work visa?
You can become a permanent resident through consular processing. This is when USCIS works with the Department of State to issue an immigrant visa based on an approved Form I-140, Form I-360, or Form I-526 when an immigrant visa is available for a specific employment-based visa category and country.
How long can you stay in America with a work visa?
six yearsUnder U.S. law, a foreign worker with an H-1B visa can stay in the U.S. for a maximum of six years (plus extensions in certain circumstances, discussed below). The H-1B visa and status is initially valid for three years and can then be extended for another three years.
Can a work visa be extended?
How to Extend a US Work Visa. To apply to extend your stay, you should: Complete the Form I-539, Application to Extend/Change Nonimmigrant Status. Review the form instructions for directions on completing the Form I-539.
Can you get a Green Card with a work visa?
You can become a permanent resident through consular processing. This is when USCIS works with the Department of State to issue an immigrant visa based on an approved Form I-140, Form I-360, or Form I-526 when an immigrant visa is available for a specific employment-based visa category and country.
How long can I work in the US without a visa?
The Visa Waiver Program (VWP) enables most citizens or nationals of participating countries* to travel to the United States for tourism or business for stays of 90 days or less without obtaining a visa.
How long can you stay in the US with a visa?
six monthsWhen you enter the U.S., a customs officer will give you authorization to stay in the U.S. for up to six months. If you'd like to stay for longer, you may be able to apply to extend this for up to one year.
What is a work visa?
What's a U.S. work visa and why do you need one? A visa is a document that provides authorization for travel to and admittance to the United States. Before visiting, working, or immigrating to the U.S., generally a citizen of a foreign country must first obtain a U.S. visa. 1 .
What is a visa for employment?
The visa provides entry to the U.S. and , depending on the type of visa obtained, may provide authorization for employment in the U.S.
Can you review employment authorization documents?
You can review information on Employment Authorization Documents and how to acquire, renew, or replace them.
What is the purpose of a visa interview?
During your visa interview, a consular officer will determine whether you are qualified to receive a visa, and if so, which visa category is appropriate based on your purpose of travel. You will need to establish that you meet the requirements under U.S. law to receive the category of visa for which you are applying.
What happens if you try to get a visa?
Attempting to obtain a visa by the willful misrepresentation of a material fact, or fraud, may result in the permanent refusal of a visa or denial of entry into the United States.
What form do I need to bring for an L visa?
L Visa Applicants – If you are included in an L blanket petition, you must bring Form I-129S, Nonimmigrant Petition Based on Blanket L Petition, to your interview.
What form do I need to file for a temporary worker visa?
Some temporary worker visa categories require your prospective employer to obtain a labor certification or other approval from the Department of Labor on your behalf before filing the Petition for a Nonimmigrant Worker, Form I-129, with USCIS. Your prospective employer should review the Instructions for Form I-129 on the USCIS website to determine whether labor certification is required for you.
How long does a passport need to be valid for a visa interview?
Gather and prepare the following required documents before your visa interview: Passport valid for travel to the United States - Your passport must be valid for at least six months beyond your period of stay in the United States (unless exempt by country-specific agreements ).
What is a visa for a foreigner?
A visa allows a foreign citizen to travel to a U.S. port-of-entry (generally an airport) and request permission to enter the United States. A visa does not guarantee entry into the United States. The Department of Homeland Security (DHS), U.S. Customs and Border Protection (CBP) officials at the port-of-entry have authority to permit or deny admission to the United States. If you are allowed to enter the United States, the CBP official will provide an admission stamp or paper Form I-94, Arrival/Departure Record. Learn more about admissions and entry requirements, restrictions about bringing food, agricultural products, and other restricted/prohibited goods, and more by reviewing the CBP website.
What form do I need to schedule an interview?
You will need to provide the receipt number that is printed on your approved Petition for a Nonimmigrant Worker, Form I-129, or Notice of Action, Form I-797, to schedule an interview.
How to apply for an immigrant visa?
To be considered for an immigrant visa under some of the employment-based categories below, the applicant's prospective employer or agent must first obtain a labor certification approval from the Department of Labor. Once received (if required), the employer then files an Immigrant Petition for Alien Worker, Form I-140, with the U.S. Citizenship and Immigration Services (USCIS) for the appropriate employment-based preference category. (NOTE: Persons with extraordinary abilities in the Employment First preference category are able to file their own petitions.) When filing the Immigrant Petition for Alien Worker, Form I-140, see the detailed form instructions, as well as more detailed requirements information on the USCIS Permanent Workers webpage.
Where does the NVC send the visa application?
NVC then sends the file, containing the applicant’s petition and the documents listed above, to the U.S. Embassy or Consulate where the applicant will be interviewed for a visa. The applicant, attorney, and third-party agent, if applicable, will receive appointment emails, or letters (if no email address is available), containing the date and time of the applicant's visa interview along with instructions, including guidance for obtaining a medical examination.
Why do immigration cases take so long?
Employment based immigrant visa cases take additional time because they are in numerically limited visa categories. The length of time varies from case to case and cannot be predicted for individual cases with any accuracy. Some cases are delayed because applicants do not follow instructions carefully. Some visa applications require further administrative processing, which takes additional time after the consular officer interviews the applicant.
How long do you have to wait to get an immigration visa?
Immigrant visas cannot be issued until an applicant's priority date is reached. In certain heavily oversubscribed categories, there may be a waiting period of several years before a priority date is reached. Check the Visa Bulletin for the latest priority dates.
What form do I need to file for an alien worker?
The prospective employer must provide a job offer and file an Immigrant Petition for Alien Worker, Form I-140, with the USCIS.
How long does it take to become a skilled worker?
Skilled workers are persons whose jobs require a minimum of 2 years training or work experience that are not temporary or seasonal.
Can you get a visa if you are misrepresenting a fact?
Attempting to obtain a visa by the willful misrepresentation of a material fact or fraud may result in you becoming permanently ineligible to receive a U.S. visa or enter the United States.
What is a work visa?
An employment or work visa is issued by a country to foreigners who wish to enter for the purpose of contracted labor for an extended period of time. Work visas usually extend to scientists, researchers, technicians, and other trade specialists such as medical residents and crew members.
Why does it take so long to get a work visa?
Due to the more permanent nature of a work visa traveler compared to a tourist or business traveler, there are usually more (and stricter) requirements for obtaining a work visa. As such, processing and approving a work visa application almost always takes longer than other non-residency visas. This is due to the number and complexity of documents and supporting materials that must be considered as a part of your request.
How long is a work visa good for?
Once issued, work visas usually cover a specific period of time (1 or 2 years is common) and are often renewable. They are also valid for multiple entries. This means, once you have your work visa, it is often easier to keep it in good standing through the renewal proess than it was to get it in the first place.
How long does a passport last?
A valid United States passport. Many countries require you have a passport with at least 6 months validity beyond your date of arrival and at least 2 empty visa pages in order to apply.
Do religious workers have to provide documents?
Similarly, volunteer and religious workers often have to provide specific documents or contracts to prove their employment relationship. Also, since you will be residing in the country for an extended period of time while you work, you must be able to assuage concerns that you may become a burden to the state.
How to get a work visa for an alien?
A work or working visa for the alien to be employed in the United States must be petitioned by an employer. The petition may be routed through the Department of Labor for certain labor classes that require a labor certification, including temporary agricultural workers, and will certainly pass through Citizenship and Immigration Services, the National Visa Center for processing petitions, and the Department of State via the embassies and consulates working in its employ. The employee may have applied for their work visa through a direct appeal, focusing on a particular skill or experience level of value to the employer.
What is a diversity visa?
One special category for a work visa is a Diversity Visa, whose application process is also known as the green card lottery . The pool from which applicants may be chosen is decidedly different from the regularly lottery, and yet also normal visas. 50,000 winners are chosen from people who meet the minimum work experience and educational experience requirements. The Diversity Visa lottery is also determined by immigrationattorney
How old do you have to be to get a working holiday visa?
On top of this, the application for the visa must be filled out along with a supplemental form for people from the ages of 18 – 45. For working holiday visa applicants who are travelling on the basis of financial capability even before supplemental employment, this is popular among non-American English-speaking countries and it is subject to the different labels countries may apply to their form categorizations.
Is the human element removed from visas?
The realities of the work visa process today are such that even though some forms (notably the Diversity Visa) are handled exclusively electronically, the human element will never be removed from the review of visa petitions and applications.
Is there a delay in visa application?
While this may be a blessing in catching some errors a computer might not, and certainly provides warmer customer service, there are delays inherent in the visa application process, which should encourage the applicant to complete their forms and reviews as early as possible. When approaching the visa application process, it is important to put things in perspective, namely that work visa applications tend to vary based on the type of skills one has to offer and the highest level of their education.
What is a work visa?
A work visa or work permit is a generic term for a legal authorization giving permission to work in a country where one does not hold citizenship. Typically, a citizen of a foreign country who wishes to enter the United States must first obtain a visa, either for temporary or permanent residence.
How to get a work visa after paying fees?
Generally, after paying the fees and submitting your application you will need to sign-up for an interview and get the necessary documents ready for this. Information from this point forward will vary on the type of work visa and application you choose, but those are some of the basics and more information can be found on the USCIS’s website.
How many types of visas are there for non-US citizens?
It is very common to not be certain about what you need to do, or what type of visa to apply for, when bringing a non-US national to work for you because there are almost 60 different types of temporary visas .
Why is it important to adhere to the terms of your employment application?
Additionally, it is important that you adhere to the terms of your application because any violation can result in removal or denial of re-entry into the United States. After figuring out the length of the stay of the employee, both the employer and the employee will have specific steps to take.
What is a green card?
Green Card - Permanent Residence to live and work in the U.S.
What is a work visa?
A work visa is a type of employment permit that gives someone permission to take a job in a different country. An employee may need an employment visa as well as an additional work permit that allows them to pursue a career in a specific country.
How many types of work visas are there?
Here is an overview of 10 different types of work visas, including both nonimmigrant and immigrant visas:
What is a nonimmigrant visa?
This nonimmigrant visa is for people who have extraordinary skills within their field. To demonstrate that they are extraordinary at their job, they need to be able to show that they're at the top of their field and known nationally or internationally for their achievements.
What are the criteria for an immigrant visa?
These include awards, membership in associations, a high salary, publications about you or your work, publication in scholarly journals, original contributions to your field, exhibitions of your work and judging the work of others, among other criteria.
How long do you have to work for a foreign company to get a visa?
In order for the employee to qualify, they need to have worked for the foreign company for one continuous year within a three-year period prior to entering the U.S. It's important to note that there are two categories for this type of visa: L-1A and L-1B.
What is the age limit for a visa to Australia?
This visa applies only to foreign nationals from Australia, their spouses and any children who are under the age of 21. The applicant must be going to the U.S. to work within a specialty occupation. There are a limited number of these visas issued each year, although the spouse and children of the applicant do not count toward that number. Applicants must have a bachelor's degree or the foreign equivalent, have a special skill set that's required to fill a specialty position and have a job offer from a U.S. company.