How to Apply for Work Visa in USA

One essential question people looking to relocate to work in the USA usually ask is, how to apply for a work visa in the USA. This question is vital because as a foreigner in another country, you definitely need a permit to work comfortably without the fear of being harassed or deported to your home country. 

You should first apply for the appropriate US work visa if you are an individual from a country other than the United States and wish to reside and work there. While putting together an application to show that you fit the visa requirements, the first thing will be to determine the most suitable route. To learn more about the USA work visa, you may want to keep reading and familiarise yourself with the information.

What is a USA work visa?

A US work visa is an employment-based visa that enables foreigners to travel to the country and remain there while engaging in a lawful job. The length of time you may stay in the United States is determined by the visa you are awarded; such visas are not permanent.

A potential US recruiter should first submit a request to the United States Immigration and Citizenship Authorities in order to apply for a work visa. You as the prospective employee can then go ahead to submit an application for a work visa after USCIS accepts the application.

How does a work visa work in the US?

Individuals who desire to come to the United States for temporary work legitimately must apply for work visas. The recruiter and visa category will decide the length of the job relationship. Various kinds of individuals and professions are eligible for different groups of temporary work visas. These subcategories include, among others:

• Specialized employment

• Expert on Free Trade Agreements

• Agriculture employee

• Work not related to agriculture

• Visitor in special education or as a trainee

When submitting an application to USCIS for several visa types, a recruiter must get employment certificates and permission from the Department of Labor. An immigration lawyer may be able to aid your company if you are thinking about employing a foreign citizen to make sure they have complied with all criteria for a work visa.

As a  foreign citizen, you must adhere to all job and employment work visa requirements after being issued a work visa and entering the country. Any requirement that you break could result in the cancellation of your visa and a ban on re-entering the country. To know more about how the US work visa works, you can read here.

How to get a work visa in USA

A number of actions must be done prior to, during, and following the visa application process in order to successfully acquire a work visa in USA.

Prior to applying for a visa

Before submitting your application for a UK work visa as a foreign citizen,  you and your prospective employer should fulfill three requirements. The visa request may be rejected if you do not fulfill all three requirements.

Work Opportunity: As a foreign citizen, you must first apply for and accept an offer of employment in the US before you are permitted to work there temporarily.

Request from the recruiter: Your prospective employer is required to submit a petition on your behalf as a foreign citizen after they have accepted the job offer. Employers are required to send the USCIS a Petition for Nonimmigrant Work. As an individual, you can only start the work visa application procedure with an authorized petition. A work visa is not assured, even with a petition that has been granted.

The Department of Labour’s endorsement:  Before presenting the petition, your recruiter must obtain a certificate from the Department of Labour for the respective work visas:

• H-1B

• H-1B1

• H-2A

• H-2B

This Department of Labour certificate demonstrates that the company requires foreign labor and is therefore unable to fill the vacant post with a U.S. citizen.

US visa Application Process

You may start the US work visa application procedure after meeting the conditions mentioned earlier and obtaining notification that USCIS has authorized the petition. These actions below must be taken:

Application for a visa

You must complete Form DS-160, Online Nonimmigrant Visa Application. All data provided has to be true and correct. Although the registration is accessible in other languages, all responses must always be given in English. The validation page needs to be downloaded when this form has been filled out and sent. This is a requirement for your visa interview.

Arrange relevant documents

You must collate all required relevant documentation before your US work visa interview. These documents will have to be brought with you to your visa interview so you can show them as proof as the hearing officer requests. It is important to be well-prepared. Your application could be rejected if you do not have enough supporting documentation, or it could be delayed if the hearing officer demands more information before making a decision. 

The categorization of the visa as well as your personal situation will decide the supporting documentation needed. If you have done a lot of traveling, for instance, you ought to be ready to answer any questions the hearing officer may have.

In terms of evidence, some visas are much more burdensome than others. The E-2 visa, for instance, requires a business strategy and analytical approach, and evidence to demonstrate the feasibility of the company venture on which the submission is based. The B tourist visa, on the other hand, will be less burdensome in evidentiary terms.

Typically, you will have to bring at least:

• A passport must be current and have at least six months before you plan to leave the United States.

• Confirmation page for DS-160.

• Receipt for application payment.

• An image that complies with the criteria for US visa photos.

• Travel schedule and information (note that it is ideal not to book travel without first having secured the visa).

• Proof that you have access to money to support yourself while you are in the US.

• Proof that you intend to leave the US during your visit, such as strong ties to your home country.

• Verified petition reference number

There may be extra documentation needed, based on your country of origin. To ensure that you have all the proper documents, you must check the embassy or consulate’s website.

Schedule an interview

After submitting an application, you must arrange an interview at a US Embassy in the nation where you currently reside. For the interview to be scheduled, you must have your accepted petition receipt number as stated earlier. You should know that so ka  Each nation has different waiting times for appointments.

Show up for the US work visa interview

You will be asked to show up for your US work visa interview at the consular office where you submitted your petition after submitting your application form. Normally, travellers under the age of 13 and those over 80 do not have to go to an interview. 

The goal of the interview is to demonstrate to the consular official that you are qualified to enter the United States on the appropriate nonimmigrant visa. On the basis of your application form and the overall premises for applicability, enquiries will be made of you. Your solid evidence must be presented at this point. 

Following the appointment, the consular officer will make a decision whether to approve or reject your request for a visa or if more details are necessary before a decision can be reached. It is usually recommended that you apply for your visa as quickly as you can because the wait times for interview sessions vary based on the time of year, the destination, and the type of visa you have decided to apply for. When you visit the embassy, your biometric data will also be taken.

If your application for a visa is accepted, you might have to pay a visa approval fee depending on your national origin, and you will be told how to get your passport with the visa in it.

Types of US Work Visas

Depending on your goals and the kind of job you desire to do, there are various US work visa categories. The listed below are the various types of temporary work visas for the United States:

 H-1B Visa. An employee in Specialty Occupation: A university degree or its equivalent, as well as knowledge in an academic or professional field, are prerequisites for the H-1B visa.

 H-1B1 visa. Free trade agreement specialist: Only citizens of Singapore and Chile may obtain H-1B1 visas. For an H-1B visa, they have comparable prerequisites.

 H-2A Visa. Permanent Agricultural Worker: As a result, an individual may work in agriculture on a temporary or part-time basis.

H-2B Visa. Non-Agricultural Temporary Worker: Similar to the H-2A, but allowing employment outside of agriculture, the temporary worker can now hold this visa.

Trainee or Special Education Visitor H-3 Visa: Individuals who wish to obtain education and training in the United States that is not offered in their home country are eligible for an H-3 visa. This typically involves training courses for teachers of kids with disabilities. As a foreigner, you will study and prepare in the US, but you will pursue your career outside of the country.

I Visa. International media representatives: For foreign journalists and film crews, an I visa is required. If you work for the same company, you can typically use this visa to work in the US indefinitely.

O-1 Visa, or Visa for Persons with Extraordinary Abilities: As a foreigner who demonstrates expert skills in science, business, education, athletics, or the arts is eligible for an O-1 visa. You will receive recognition for your work on a global scale.

Performance Visas, or P Visas. P-1A, P-2, and P-3 visas: These visas are for performers such as athletes, musicians, and artists who wish to visit the United States.

Temporary Nonimmigrant Religious Workers: R-1 Visa: For people going to the US to work for a religious organization, this visa is available.

To know more about the types of  US work visas, see here.

Conclusion

There you have it, a simple guide on how to apply for a work visa in USA. It is as simple as ABC, don’t you agree? If you read this article carefully, applying for a US work visa will not be a hassle. Feel free to ask your questions and do not forget to comment if you found this post very useful.