Work Visa USA – Permanent Resident Card USA – See How To Apply

All entry into the United States for work purposes requires a visa. Anyone intending to come to the United States for any form of temporary or permanent stay must obtain a work visa. There are different options for different people seeking different types of jobs. That is the reason why we are bringing you this article on Work Visa USA.

These visas include investor visas, business visitors visas, temporary skilled workers visas, and not more.

Temporary work visas in the United States and how to get it

Any foreign national that is interested in working in the United States will certainly need a temporary work visa. There are different types of temporary work visas for entry into the United States. Each of these visas will allow you to come in and stay in the US for a definite period of time.

If you obtained employment-based green cards, you might be eligible for permanent residence judging by your employment status.

Types of Temporary Work Visa USA

listed below are all the commonly known temporary work visas available in the United States:

  • H-1B visas
  • E-visas
  • L-visa
  • O-visas
  • NAFTA work visas

Your occupation in the United States is what determines your visas. Your relationship with your employer could also be a factor and determinant. That is, it is to tell how long you will be employed in the United States and what degree of skill it takes to perform that job

 List of US work visas

H1B Visa for Skilled Workers.

This is the kind of visa issue for those that come to the United States to work on a temporary basis for a specific employer. This US work permit visa allows the worker to remain in the United States within the period of the work. It is mainly for those in specialty occupations. So therefore the work involved move be he had never of skill and professionalism.

Those found in this list of Visa I highly educated. Most H-1B work visa holders are university graduates. But, it is not always the case. Those without education must be found to be highly work experienced.

The H category of visas are:

  • H2A visa
  • H2B visas
  • H3 visa

E1 and E2 visas for treaty traders and treaty investors

 E1 visa

It Is only citizens of nations that America has a treaty with that can enjoy this E1 Visa. It is mainly open to interested citizens of countries that America has treaty trade with. E visas are US work visas for people working in the US investments. So this is business and can only be issued to countries where there is a treaty between the foreign national country and the USA.

 L1 visa  intracompany transfers

If you are expanding your companies to the United States or being transferred to an existing American business, that is when this visa is most likely to be issued.

Work Visa USA Qualifications

There are three preconditions that someone interested in obtaining a US work visa needs to fulfill before applying for it. If you do not meet even one of these conditions, the Embassy might deny your visa application. This will make you unable to travel to the US and work there. These preconditions are as follows:

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Have a job offer in the US

You need to have applied for, and been accepted in a job position within the US in order to qualify for a work visa. That is because the US requires several documents from your employer before you start your visa application.

Approved petition by the US Citizenship and Immigration Services (USCIS)

This requirement means that before you apply for a US work visa, your employer must file a Petition for a Nonimmigrant Worker with USCIS. This petition, otherwise known as an I-129 form is the most important document for you to get your work visa. When USCIS approves your employer’s petition, you can start applying for the visa. However, if your petition is approved, that does not necessarily mean that the US Embassy will automatically give you a work visa. Due to reasons that might remain at the discretion of the Embassy, you could be denied the work visa even if your USCIS petition is approved.

Labor certification approval by the Department of Labor (DOL)

Some of the work visas, more specifically the H-1B, H-1B1, H-2A, and H-2B also require your employer to have a certification from DOL. Your employer should apply for the DOL on your behalf before even filing the petition with USCIS. The US government requires this certification as proof that US employers need foreign workers. They have to prove that they cannot fill those work positions with US employees. In addition, the certification is needed in order to ensure that temporary foreign workers are not having an impact on job opportunities for US citizens in a negative way.

US Work Visa Requirements

In addition to fulfilling the three qualifying preconditions, you will also need to have these documents:

  • 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.
  • A confirmation page that you have completed your Nonimmigrant Visa Application (DS-160 Form).
  • A receipt that proves that you have paid the application fee. For US work visas, the application fee is $190. There might also be additional fees that apply to your location, so you should check with your local US Embassy for more details.
  • Proof that you will return to your home country after your work in the US ends. This applies to all types of work visas with the exception of the H-1B and the L visa. Examples of how you can prove you will return from the US include the following:
    • Submitting your economic situation
    • Your family relationships
    • Any long term plans you might have
    • A residence that you plan on returning to
  • For those applying for an L Visa, you will also need to have a filled I-129S form (Nonimmigrant Petition Based on Blanket L Petition). You should bring this form with you when you have your visa interview.
  • Besides these general requirements, which apply to all those who want to get a US work visa, there might also be other documents that you need to submit. You should contact your local US Embassy for more detailed information.

    Work Visa USA Application Procedures

    If you have fulfilled the three prequalifying conditions and gathered the necessary document, then you qualify to start your application for the US work visa. The way you can apply is by completing the following steps:

    Complete the Online Nonimmigrant Visa Application (Form DS-160) and print the confirmation page

    The information you enter into the DS-160 form must all be correct. If you submit any incorrect information, the Embassy will have reason enough to deny you the visa. In addition, the DS-160 form is available in many languages, but your answers must be in English.

    Schedule your interview

  • Due to the high number of applications that US Embassies receive, you should make sure that you schedule your interview as soon as you meet all the requirements. If you are younger than 13 years old or older than 80 years old, a visa interview is generally not required. As for people between the ages of 14 and 79, interviews are required, but there can be exceptions if you are just renewing your visa.

    Attend the interview

    Your interview and the information on the DS-160 form will serve for the US Embassy to make their decision on whether you should be given a visa or not. That is why, it is highly important that you show up to the interview on time, dressed appropriately, and with all the necessary documents. In addition, you should answer all questions as fully as possible, always giving true information. Visa interviewers are trained to detect when someone is providing false information, so if you do that, they will deny your visa.

    Complete additional procedures

    You will be required to give digital fingerprints before, during, or after your interview depending on your location, as well as pay any additional fees. After the visa processing, if the US Embassy gives you the work visa, you might also be required to pay a visa issuance fee. The amount of the visa issuance fee is determined based on your country of origin.

  • Your Rights and Responsibilities

    Temporary Workers in the US have a set of rights, which the government grants them. They are protected from violations and exploitation and can exercise these rights without being penalized. If someone in the US violates your rights and you report it, your visa will not be terminated and the government cannot force you to return to your country if your visa is still valid, only because you reported those violations.

    If the inspectors of Homeland Security and other departments allow you entry into the US, you also have the right to apply to extend your stay. However, once your visa expires, you cannot stay in the country unless the Embassy extends your visa. If you stay after your work visa is invalid, you might not be eligible to apply for one in the future.

  • You also have the right to apply for a visa for your spouse or children in the same visa category that you have.
    • For H visa holders, your spouse and children should apply for an H-4 visa
    • If you hold an L visa, your dependents should apply for an L-2 visa,
    • For O visas, spouse and children should apply for an O-3 visa,
    • P visa holder’s spouse and children should apply for a P-4 visa, and
    • Those who hold a Q visa, spouses, and children should apply for a Q-3 visa

    What is a Labor Conditions Application?

    A Labor Conditions Application (LCA) or Certification is issued by the US Department of Labor to a company that is planning to hire a foreign worker. The LCA gives the right to the company to hire employees who are not US citizens or Legal Permanent Residents (LPR) and sponsor them for visas.

    The LCA declares that the company needs to hire a foreign worker because a US worker was not available, qualified, or willing to work in that job position. It also states that the foreign worker’s salary will be on par with that of a US worker and that the foreign worker will not face discrimination or a bad work environment.

  • What is an Employment Petition?

    An employment petition is submitted by a US company that wants to sponsor a foreign worker for an employment visa. The petition is submitted to USCIS for processing and includes details of the job position, salary, and the qualifications of the foreign worker.

    When a US employer submits an employment petition, they must also pay the fees for processing and sponsoring the employee. They must also attach supporting documents that prove that the company can afford to hire a foreign worker, that they have paid all taxes, and obtained a Labor Certification Application (LCA) from the Department of Labor.

    What is an Employment Authorization Document?

    Those who have US nonimmigrant visas cannot start working unless they have a work permit. The US work permit is called an Employment Authorization Document (EAD) and it can be obtained immediately after your visa is approved.

    The EAD allows you to work in any US company legally for as long as your visa is valid. Your spouse can also get an EAD if they qualify. Once you renew or extend the visa, you must also apply for a renewal of your EAD. For information on how to apply, visit the EAD article.