As a frequent traveler who has worked worldwide, I understand how complicated and intimidating the US visa process can be for those seeking to work in the country.
Understanding which application type to submit and to fill out countless pages of forms can seem like an overwhelming task.
As someone with experience navigating this process successfully, I want to share my knowledge with others.
In this guide, we will provide an overview of the visa process, including which visa is right for you and steps on how to apply.
What is a Work Visa in the USA?
A work visa in the USA is a special visa for those who wish to be employed in the United States. It is a temporary immigration status issued by the US government that permits a foreign national to enter and work in the United States for a limited time.
This type of visa is sought and obtained before entering the country and allows foreigners to stay in the US to work legally. Individuals must apply for an appropriate visa according to their professional or educational goals.
Types of Work Visas for the USA
There are several types of work visas that individuals from other countries can obtain to work in the United States. The most common are temporary non-immigrant visas, also known as temporary worker visas, which are categorized into several different categories based on the applicant’s needs.
Temporary Non-immigrant Visas
These types of visas are typically granted for specific terms and can range from one to five years in duration. Although, depending on their particular circumstances, some individuals may be eligible for an indefinite stay in the US with a temporary non-immigrant visa.
However, a person applying for these types of employment visas must demonstrate that they do not intend to stay permanently in the United States.
The categories of temporary non-immigrant visas include the following:
- H Visas
- L Visas
- O Visas
- P Visas
- Q Visas
Let’s explore each of these visas in greater detail!
H Visas
The H visa program is a popular way for foreign nationals to work in the United States. To obtain an H visa, applicants must first demonstrate that they meet certain criteria, including having a job offer from an employer in the United States that meets labor standards and is related to the applicant’s field of study or expertise.
The applicant must also prove they have the necessary qualifications to perform the job duties. Additionally, employers must demonstrate their ability to pay all applicable wages and benefits associated with their employees’ positions.
Once these criteria have been met and approved by the United States Citizenship and Immigration Services (USCIS), applicants must submit all required documents, including a valid passport and proof of financial support during their stay in the US.
However, there are several types of H visas that foreigners can apply for, depending on the type of employment and citizenship status of the applicant.
These types of H visas are broken up into a few categories:
- H-1B: Person in Specialty Occupation
- H-1B1: Free Trade Agreement (FTA) Professional – Chile, Singapore
- H-2A: Temporary Agricultural Worker
- H-2B: Temporary Non-Agricultural Worker
- H-3: Trainee or Special Education Visitor
H-1B: Person in a Specialty Occupation
The H-1B visa is a work visa that allows foreign workers with advanced professional degrees to work in the United States. It is an employer-sponsored, non-immigrant visa that allows employers to hire specialty occupation personnel from abroad for a specific period.
To qualify for an H-1B visa, an applicant must possess specialized knowledge in a profession or field of endeavor and have obtained at least a bachelor’s degree in their field of specialization. Additionally, applicants must prove they are qualified to practice in the occupation by demonstrating certification or license.
H-1B1: Free Trade Agreement (FTA) Professional – Chile, Singapore
The H-1B1 program is a visa for foreign workers in specialty occupations who are citizens of Chile or Singapore. It allows these individuals to work in the United States temporarily.
The primary benefit of this visa is that it can be obtained more easily than other non-immigrant visas. To qualify for the H-1B1, the applicant must have an employment offer from a US employer and possess either a bachelor’s degree or its equivalent in their chosen field of specialty. This visa is valid for up to 18 months and can be renewed.
The employer must apply to USCIS and pay the appropriate filing fees associated with the program. Once approved, the worker will receive an Employment Authorization Document (EAD) allowing them to stay in the US while they work.
H-2A: Temporary Agricultural Worker
The H-2A visa is a work visa that allows foreign citizens to temporarily hold agricultural jobs in the United States. A non-immigrant visa allows employers to hire workers from outside the country when there is a shortage of domestic labor available.
This program allows employers to fill temporary or seasonal jobs with workers from abroad while providing job security and other benefits to the foreign worker.
The H-2A program is administered by the Department of Labor, which screens applicants and employers alike, and verifies wages, working conditions, and other factors before granting permission to emigrate.
To qualify for this type of work visa, applicants must:
- Have proof of their legal status in their home country
- Show proof that they can financially support themselves
- Demonstrate they will not be taking a job away from a US citizen
- Have a legitimate offer of employment from an employer in the US
H-2B: Temporary Non-Agricultural Worker
The H-2B visa is a work permit issued by the USCIS. This visa enables employers in the United States to hire foreign workers temporarily to fill non-agricultural jobs.
The H-2B visa program is designed to help fill job openings when US workers are unavailable or willing to take them. However, these visas can only be granted for short-term positions. Eligible applicants must have an offer of employment from a US employer and proof that they meet the qualifications for the job.
H-3: Trainee or Special Education Visitor
The H-3 visa is a work visa that allows individuals to come to the United States for training or instruction in any field other than graduate medical education or training.
This visa is specifically designed for those who wish to temporarily come to the US as a trainee or special education visitors. The H-3 visa is used for training, such as internships or apprenticeships. However, it does not permit employment in the US and cannot be used for graduate study programs.
To apply for this visa, an individual must prove that they have sufficient funds to cover all expenses while in the US and provide evidence of their educational background and employment history. Additionally, an applicant must have an employer or sponsor in the US who will serve as the primary point of contact throughout their stay.
L Visas
The L visa is a work visa for international transfer employees that allows them to enter the United States for business trips or to work in the US on behalf of a foreign company with whom they are affiliated.
Commonly referred to as “intra-company transfers,” these visas are issued for temporary stays of up to seven years, depending on the specific circumstances.
An employer must be able to demonstrate that the foreign employee has worked with their organization outside of the US for at least one year within three years before applying.
The beneficiary must also have a job offer from an eligible US-based affiliate. It will need to show evidence that individuals possess the necessary qualifications and skills for the position.
O Visas
The O Visa is a type of work visa that may be granted to foreign nationals from any country who possess extraordinary ability in the sciences, arts, education, business, or athletics.
This type of visa is for those deemed exceptional in their field. Successful applicants must prove that they are one of the few in their field who have achieved “sustained international or national acclaim” and possess extraordinary skill, knowledge, and experience.
P Visas
P Visas are non-immigrant work visa that allows foreign nationals to participate in certain types of entertainment programs, competitions, and sporting events in the United States. This includes athletes, entertainers, cultural exchange visitors, and others. These visas allow both individuals and teams to come to the country temporarily for an extended period.
The requirements for this visa vary greatly depending on the type of performance or event. The applicant must have an employer who will sponsor them and demonstrate that they possess significant experience and expertise in their field.
There are three main categories of P visas:
- P-1: Individual Team or Athlete, or Member of an Entertainment Group
- P-2: Artist or Entertainer (Individual or Group)
- P-3: Artist or Entertainer (Individual or Group)
P-1: Individual Team or Athlete, or Member of an Entertainment Group
The P-1 visa is a work visa granted to foreign nationals who wish to temporarily come to the United States to perform at a specific event or competition. This visa covers athletes, entertainers, and artists participating in an internationally recognized event such as an athletic competition or a performance.
Additionally, it can be used by members of an entertainment group that has gained international recognition. These visas can be issued for up to five years but are typically only valid for the period of the performance activity.
To qualify for this type of work visa, applicants must demonstrate that they achieved and sustained international recognition for their achievements, display outstanding ability, and show that their presence in the US would substantially benefit the event.
P-2: Artist or Entertainer (Individual or Group)
P-2 visas are a type of classification that allows foreign nationals to enter the United States temporarily to perform under a mutually agreed-upon exchange program between an organization in the United States and one in another.
The most important factor of this visa is that it must be based on a cultural exchange program. This means that the individual will experience firsthand what everyday life is like in the US while also providing something unique from their home countries, such as an art form, dance style, music, or other performance art.
This visa is typically issued for athletes, artists, and entertainers coming to the US to participate in a culturally unique reciprocal exchange program. P-2 visas can be granted for up to three years and may be extended depending upon the circumstances and conditions set forth by USCIS.
P-3: Artist or Entertainer (Individual or Group)
The P-3 visa is a non-immigrant visa that allows artists and entertainers to temporarily come to the United States for a single performance or an extended engagement. It is primarily used by foreign nationals coming for specific cultural events such as theatrical, musical, circus, and those participating in folkloric presentations.
The individual must be part of an entertainment group recognized as being culturally unique to their country of origin. If the group consists of multiple people, all members must apply for the P-3 visa together, although they are not necessarily required to travel together.
Additionally, applicants need evidence of sustained international recognition, including media coverage or awards related to their craft. However, those that do not meet these criteria can still receive a P-3 visa if they are coming to participate in a cultural exchange program between two countries that both governments endorse.
Q Visas
Q Visas are a specific type of work visa that applies to individuals who come to the United States as part of an international cultural exchange program. These individuals typically engage in a program that teaches, instructs, or lectures about their country’s culture and customs.
These visas are non-immigrant visas, meaning the recipients are not allowed to remain in the US permanently. Q visa holders can initially stay in the US for up to 15 months but may be eligible for extensions of up to an additional 15 months if approved by USCIS.
How to Apply for a USA Work Visa
A few steps need to be taken to apply for a work visa in the United States of America. First and foremost, you must determine what type of work visa you need. If you are unsure which visa best suits your needs, it is advisable to seek professional advice from an experienced immigration lawyer or consultant.
After deciding which visa is best for you, the next step is to gather all the necessary documents required for the visa application. These documents may include employment evidence, proof of financial stability, a passport, and other supporting documents. A work visa can also be a path toward obtaining a second passport or permanent residence in the US through a green card.
These are some of the steps you can follow to obtain a USA work visa:
- Fill out Form I-129 (Petition for Non-immigrant Worker)
- Get Petition Approved
- Complete the Online Visa Application
- Schedule an Interview
- Pay the $190 Fee
Fill out Form I-129 (Petition for Non-immigrant Worker)
Form I-129 is required for any foreign national seeking a work visa in the United States. This form must be filled out accurately and completely, as it is essential to the visa application process.
The form requires basic information about the applicant, such as:
- Name
- Address
- Employment history
- Country of citizenship
Form I-129 also requests additional details, such as proof of prior US work authorization in certain cases. This form also contains questions related to any prior immigration violations or criminal convictions that may have been incurred by the individual seeking to gain employment in America.
Get Petition Approved
To get a work visa for the United States, an employer must file a petition for you with the USCIS. This petition must include details about your job, any applicable educational and experience qualifications needed to perform it, and evidence that no qualified US worker can do the same job.
Depending on your job category, your employer may need certification from the Department of Labor to approve the petition. Your employer will also need to provide detailed financial information demonstrating their ability to pay you at least the prevailing wage for that particular position in the geographic area where you will be employed.
Once complete, the USCIS will review all this information and any additional documentation they may require depending on your specific circumstances before deciding whether or not to approve your petition.
Complete the Online Visa Application
Completing the online visa application for the United States is a multi-step process that can take some time to complete.
The online application consists of several sections, including the following:
- Job offer details
- Personal information
- Travel plans and purpose
After the required fields have been filled out correctly and all necessary documents uploaded, applicants must submit their applications and any applicable fees before going on a business trip.
Additionally, applicants may be asked to provide biometric information to confirm their identity and, if necessary, schedule an appointment for an in-person interview. Once everything has been submitted successfully and any fees paid, applicants will be notified by email when their application has been accepted or denied.
Schedule an Interview
Once you have completed the requirements for the work visa and submitted your application, it is time to schedule an interview with a US consulate or embassy abroad. The purpose of this meeting is to allow the consular officer to evaluate your qualifications and determine if you are eligible to receive a visa.
You will need to provide all necessary documents and answer questions about your background, employment history, and intentions upon entering the US. You may also be asked to demonstrate that you are not likely to be a public charge in the United States.
Pay the $190 Fee
To obtain a work visa in the USA, applicants must pay a fee of $190. This fee can be paid online or by mail. After submitting your payment information may take up to two business days for your payment to process.
Payment of this fee does not guarantee that the application will be approved. However, it does indicate an applicant’s commitment to completing the entire process. The fee must be paid when submitting the visa application form.
It is important to note that payment fees are non-refundable even if the visa application is subsequently denied for any reason. Although, if an individual changes their mind about applying for a work visa after paying the fee, they must submit their completed application with the appropriate supporting documents to receive consideration.
Conclusion
When seeking a work visa in the USA, it is important to remember that the process can be complicated and time-consuming. It is essential to thoroughly research the different types of visas available and understand all the requirements and documents needed for your specific case.
Additionally, applicants must remember that visa wait times can vary widely depending on the type of visa being applied for. By following these steps, you should be able to successfully obtain a work visa in the US, allowing you to live and contribute more fully to American society while gaining valuable experience.
Are you interested in applying for a work visa in the United States? Do you have any questions about how to get a work visa for the USA? Let us know in the comments below!
