how do work visas work in the us

by Brianne Nader Published 3 years ago Updated 2 years ago

A United States work visa is an employment-based visa that allows foreign nationals to enter and stay in the United States while working legally. These visas are not permanent, and the duration a person is allowed to remain in the United States depends on the type of visa they are issued.

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

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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.

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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 work for the US?

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.

Is getting work visa in USA hard?

It is almost impossible to get a work visa for HR category as there is no dearth of recruiters or HR professionals in US, to warrant an employer to sponsor a work visa for you. As you may know, HR professionals have very limited role to play in the corporate structure in US .

How long does it take to get a work visa to work in USA?

US Work Visa Processing Times The average time for a US temporary visa to process is 5-7 months but depends on which work visa you are applying for and how many work visa applications are before yours. Before COVID-19 shutdowns, the USCIS processed work permit applications within 90 days, but a growing backlog.

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 a US work permit cost?

It costs $485 to apply for a Work Permit. Some applicants do not have to pay this fee. It takes an average of 5-7 months to get a Work Permit after you apply.

Can you apply for a US work visa without a job offer?

A short answer is No. Unfortunately, you can't apply for a work visa without a job offer. Your prospective employer must be willing to sponsor you for the visa and petition on your behalf.

What is the easiest way to get a US work visa?

Petition Approval Before you can apply for a temporary worker visa at a U.S. Embassy or Consulate, a Petition for a Nonimmigrant Worker, Form I-129, must be filed on your behalf by a prospective employer and be approved by USCIS.

How much bank balance is required for US work visa?

The amount of bank balance you should have for applying to the US tourist visa depends on the duration. If it is a 15-day trip, you must have $ 5,000-10,000 in your bank. Is travel insurance compulsory for the US travel visa? No, travel insurance is not compulsory for the US travel visa.

Can a company sponsor me to work in USA?

What is a US Visa Sponsorship? To be able to go to the US to work, you must first find a job. The employer must be willing to hire someone who is not from the US. The company you plan to work for must know that you are not a US citizen or Legal Permanent Resident (LPR).

How long can you stay in the US without a visa?

90 daysThe Visa Waiver Program (VWP), administered by the Department of Homeland Security (DHS) in consultation with the State Department, permits citizens of 40 countries to travel to the United States for business or tourism for stays of up to 90 days without a visa.

How long can you stay in America without a green card?

The Normal Rule. The quick answer to the question of how long a visitor can lawfully stay in the United States for most people is six months.

How long can a non U.S. citizen stay in the US?

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.

How long can you stay in America without a Green Card?

The Normal Rule. The quick answer to the question of how long a visitor can lawfully stay in the United States for most people is six months.

How can I stay in US longer than 3 months?

You must apply for a visa (B2 visa) if you want to stay in the U.S. for more than 90 days, no matter what the reason. You must apply for a visa (B1 visa) if you are traveling to the U.S. for employment or business purposes involving remuneration, even if not staying longer than 90 days.

Does a work visa make you a resident?

Permanent work visas enable foreign nationals to work and live permanently in the United States. Permanent residents are subjected to fewer restrictions than workers with temporary visas. People with a permanent work visa can also apply for U.S. citizenship.

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 is a temporary worker visa?

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).

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 get a work visa in the US?

Steps to Obtaining a Work Visa in the US. Step 1: Petition for nonimmigrant workers, Form I-129. An employer must submit Form I-129 on your behalf and this must be approved by USCIS before moving forward. Step 2: Complete the online visa application. Once USCIS approves the Form I-129, you can apply for the visa.

What is a temporary worker?

A Temporary Worker: Works in the US for a temporary period of time. Once in the States, this worker is restricted to employment and activity for which their visa was issued. Depending on their situation, this visa may be eligible for renewal.

What is an employment authorization document?

An Employment Authorization Document (work permit), or. An employment-related visa (allows work for a particular employer) Each of these documents has different application requirements depending on your specific circumstance and whether you are applying for temporary or permanent visas.

What does "transfer" mean in the workplace?

To transfer and work at a branch, parent, or affiliate of the current employer in a managerial or executive capacity, or for a position requiring specialized knowledge. For persons with extraordinary ability or achievement in the sciences, arts, education, business, athletics, motion picture, and television fields.

What is a permanent worker?

Permanent Workers: Are authorized to live and work permanently in the States.

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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 an I visa?

I visas are for any eligible member of the foreign press including reporters, film crews, editors, and similar occupations, representing a foreign media outlet such as print, radio, film, or other foreign information media, when the outlet has a home office in a foreign country . For most, this is an indefinite visa as long as the holder is engaged in this profession for the same company.

What is a performance visa?

These visas are for those who excel in performance, athletic, or artistic endeavors and the people who accompany these extraordinary performers. These are usually event-based durations.

How long does an L visa last?

An L-1A visa comes with a three-year duration ; L-1B has only one year.

What is an H-2A visa?

H-2A and H-2B visas are for seasonal, or peak load, temporary workers in an agriculture (H-2A) or non -agricultural (H-2B) setting . Generally, these do not extend beyond a year.

What are the requirements for an F-1 visa?

F-1 visas are for academic students enrolled at accredited academic institutions. As long as a course of study is maintained, students may work. Students cannot work off-campus during the first academic year, but may accept on-campus employment subject to conditions and restrictions. After the first academic year, F-1 students can engage in three types of off-campus employment: 1 Curricular Practical Training (CPT) 2 Optional Practical Training (OPT) (pre-completion or post-completion) 3 Science, Technology, Engineering, and Mathematics (STEM) OPT

What are the types of students that are eligible for a visa?

These visas cover three types of students: academic students, vocational students, and those enrolled in educational or cultural exchange programs. These are not immigrant visas.

How long can you stay in Guam with a visa?

Visa holders may be traveling for business or pleasure, but they need to be traveling with a return ticket. The stay cannot exceed 45 days.

United States

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Types of Work Visas in the United States

The United States is a large, complex country that’s open to development from foreign companies. As a result, there’s a wide variety of U.S. work visas for international employees to choose from. Most foreign workers will not need a U.S. work permit, as their visa will act as a permit as well.

Requirements to Obtain U.S. Work Visas

To get an H-1B visa, foreign employees must provide the following documents:

Application Process

As the employer, it is your responsibility to file a petition for each employee who needs an H-1B visa. The application process is as follows:

Other Important Considerations

The USCIS limits the number of available H-1B visas provided each year, so it’s best to apply as soon as possible.

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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.