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how does a work visa work

by Prof. Rick Waelchi Published 2 years ago Updated 1 year ago
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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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How do you get a work visa?

Typical requirements for work visas often include:

  • Your Passport. Make sure your passport is signed, has blank visa pages, and will be valid for at least one year.
  • Passport-style photographs. ...
  • Visa application. ...
  • Proof of your job offer.
  • Your resume or Curriculum Vitae.
  • A copy of your diploma. ...
  • Copies of any professional certifications or licenses.

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. ...

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How long does a work visa last?

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.

What qualifies for a work visa?

To work at a branch, parent, affiliate, or subsidiary of the current employer in a managerial or executive capacity, or in a position requiring specialized knowledge. Individual must have been employed by the same employer abroad continuously for 1 year within the three preceding years.

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.

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 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.

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.

What are the 4 types of visa?

Probably one of the four main types: tourist, immigration, student, or work.

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.

What happens after your work permit is approved?

Once you receive your work permit from USCIS, it could take anywhere from 5 – 43 months to receive your Green Card depending on your eligibility category and which USCIS office or service center handles your petition.

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.

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 does an employer sponsor a work visa?

For nonimmigrant employment visa sponsorships, the employer submits Form I-129, Petition for Nonimmigrant Worker. For immigrant visas, the employer submits Form I-140, Immigrant Petition for Alien Worker. These petitions and their instructions are in the USCIS website.

Who pays for green card employer or employee?

the employerPer U.S. regulations found at 20 C.F.R. § 656.12, the employer MUST pay ALL of the costs associated with the PERM process.

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.

Can a company provide a work visa?

Obtaining an H1-B visa will allow a United States company or employer to sponsor a nonimmigrant to come to the United States and work in what's known as a “specialty occupation.”

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 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.

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 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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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.

How to get a work visa in the US?

To get a work visa in the US, start by searching VisaHQ.com to find out what the requirements are for the country you're a citizen of. Then, download and complete form DS-260, which you can find at the U.S. Department of State website. Afterwards, submit the form and agree on a time to meet with an immigration officer when they contact you. Make sure to bring along all the required documents, and consider hiring an interpreter if you're not fluent in English. For tips on what to do if your application is rejected, read on!

How much does a temporary worker visa cost?

Be sure to plan ahead so you will have the visa before you need to travel. The current fee for a temporary worker visa is $190.00.

How to make an appointment for a passport?

Note that appointments are required. Call the National Passport Information Center 24/7 at 1-877-487-2778 to schedule an appointment.

What do you bring to the airport?

Bring your passport and any other information or documents they request.

How much does it cost to renew a passport?

Currently, for an adult (over 16) a U.S. passport costs $135 for a first time passport and $110 for a renewal. It takes 4-6 weeks for a passport to be processed in the U.S. Expedited service costs an additional $60 and reduces the processing time to 3 weeks.

How to make sure everything is complete on a job application?

Have a friend or family member look over your application and application materials to make sure everything is complete.

When to apply for a visa for a new country?

Apply for your visa as soon as you know you will be moving abroad.

Prepare to file a Labor Condition Application

Ensure that the job description for your vacancy stipulates the need for the candidate to have (at minimum) a bachelor's degree in a specialized field such as engineering, medicine, or law. The position must be one that requires an individual with a specific degree, experience, or training.

File a Labor Condition Application

Employers must fill in and submit Form I-129 to apply for permission to hire a Nonimmigrant worker.

Obtain a visa

If your application is approved, you will receive a Form I-797 Notice of Action. The foreign employee must take Form I-797 to a U.S. embassy or consulate in their country. This will allow them to apply for permission to enter the U.S.

How to get a work visa in the US?

A foreign national who seeks to enter the US on a work visa must obtain a US visa stamp from a U.S. Embassy or Consulate, which is placed on the applicant’s passport . The US visa allows the foreign national to travel to a US port of entry, airport or land border crossing and request permission to enter the US. While the US visa does not guarantee entry to the US, it does indicate that a consular officer at a US Embassy or Consulate abroad has determined that the foreign is eligible to seek entry into the US for a specific purpose.

What are the different types of work visas?

There are many types of US work visa, each suited for a specific purpose of travel and/or nature of employment. The most common types are: 1 H-1B Visa for Specialty Occupations workers 2 H-1B1 Visa for Specialty Occupations workers from Chile or Singapore 3 H-2A Visa for Temporary Agricultural workers 4 H-2B Visa for Temporary Non-agricultural workers 5 E-1 Visa for Treaty Traders 6 E-2 Visa for Treaty Investors 7 E-3 Visa for Specialty Occupation workers from Australia 8 TN Visa for NAFTA professional workers from Canada and Mexico 9 P Visa for Athletes, Artists, Entertainers 10 Visa for Extraordinary Artists, Teachers, Scientists and Businesspersons 11 J visa for Exchange Visitors 12 R Visa for Religious workers

How to apply for a work permit?

Employment Authorization Document (Work Permit) is applied for by using USCIS Form I-765, Application for Employment Authorization. The application is submitted, together with supporting documentation, to the office with jurisdiction over the category that you qualify for. This could include one of the USCIS Service Centers, the National Benefits Center, or in some cases with the US State Department (who will then forward the application to the USCIS).

What is a temporary visa?

A temporary US work visa allows an individual to enter the US to take up employment as opposed to, for example, a US visitor visa, which is issued for the purpose of visiting the US.

What form do I need to file to get a work permit?

In order to obtain the work permit, the eligible foreign national must file the Form I-765 with USCIS while present in the U.S.

Do you need an EAD for a work visa?

are authorized to work incident to their status. That means they are authorized to work because they hold the particular work visa status and do not need a separate EAD or work permit.

Can Susan work in the US?

Susan’s visa does not allow her to just start working in the US. However, as an E-2 dependent spouse of an E-2 employee, she is eligible for a work permit. She will have to apply for and receive the Employment Authorization Document (EAD) before she can work.

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