The United States is a popular place for tourism as well as to travel there with a working purpose. Because of the high wages and pleasant working conditions, people from all over the world want to work in the United States. The reason for travel to the US can be for jobs as a contract worker or as a permanent/sponsored employee.
To be eligible to apply for a temporary work visa in the United States, applicants must meet a list of US visa application criteria as well as the US visa photo requirements and submit the documents mentioned in the following sections of this article.
What is a US Work Visa?
The Work US Visa is for people who want to come to the United States and work for a set period of time. The duration of your employment should be specified in the employment contract or visa application. Individuals with this form of US visa are not permitted to serve in the United States indefinitely or permanently.
Temporary workers need a nonimmigrant visa in the United States, while supported employees require an immigrant visa.
US Work Visa Restrictions
Before applying for a work visa in the United States, there are three requirements that must be met:
- Have a job in the United States – To be eligible for a work visa, you must have applied for and been approved for a job position in the United States. Since the United States needs many documents from your employer before you can begin your visa application, this is the case.
- File by the employer a Petition for a Nonimmigrant Worker – This means that your employer must file a Petition for a Nonimmigrant Worker with USCIS before you can apply for a work visa in the United States. This petition, also known as the I-129 type, is the most crucial document you’ll need to obtain a work visa. You will begin applying for the visa once USCIS accepts your employer’s petition.
- The labor certification approval by the Department of Labor (DOL) – Some work visas, such as the H-1B, H-1B1, H-2A, and H-2B, enable the employer to have a certification from the Department of Labor. Before even filing the petition with USCIS, your employer should apply for the DOL on your behalf. This certification is required by the US government as proof that US employers need foreign employees. They must demonstrate that they are unable to fill such vacancies with American workers.
If you fail to fulfil any one of these requirements, your visa application will be denied by the Embassy. You would be unable to fly to the United States to operate there as a result of this.
What are the Requirements for the United States Work Visa?
If you meet these three pre qualifying requirements, you’ll also need the following documents in while applying for a US work visa:
- A valid passport for the period of your stay in the United States as well as six months after you return.
- US visa photograph, which you must upload when completing the online application form.
- A confirmation page that your Nonimmigrant Visa Application has been submitted (DS-160 Form).
- Evidence that you can return to your home country once your job in the United States is completed. With the exception of the H-1B and L visas, this applies to all forms of work visas. The following are some examples of how you can show you can return from the United States by providing information about your financial condition, your relationships with your family, long-term plans, residence where you want to return, etc.
- The Receipt Number, which can be found on your employer’s authorised Petition for a Nonimmigrant Worker (I-129 Form).
- A completed I-129S form if you’re applying for a L Visa (Nonimmigrant Petition Based on Blanket L Petition). This form should be brought with you to your visa interview.
- You must have a receipt to show that you paid the application fee. The application fee for US work permits is $190. Additional fees can apply depending on your venue, so you should inquire with your local US Embassy for more details.
Aside from these general criteria, which apply to anyone applying for a work visa in the United States, you may be required to send additional documents. For more details, you can contact the US Embassy in your country.
Types of work visas in the United States
There are many types of work visas in the United States, depending on the intent and the type of work you want to do.
The following are the different forms of temporary work visas available in the United States:
- Person in Specialty Occupation (H1B visa) – to work in a specialized field. Requires a higher education degree or its equivalent in higher education.
- Intracompany Transferee (L-1) visa – for working in a managerial or executive role, or in a position requiring specialized expertise, at a branch, parent, associate, or subsidiary of the current employer. Individuals must have worked for the same company abroad for at least one year in the previous three years.
- I visa for Representatives of foreign media – The visa helps journalists and others in the information and media industries to finish their work while in the United States.
- Temporary Agricultural Worker (H-2A) visa – for farm work that is temporary or seasonal. With few exceptions, limited to residents or nationals of specified countries.
- H-2B visa: Non-agricultural Temporary Worker – for non-agricultural employment that is temporary or seasonal. With few exceptions, limited to residents or nationals of specified countries.
- H-1B1 visa: Skilled Free Trade Agreement (FTA) – Chile, Singapore – to work in a specialized field. Requires a post-secondary degree in the area of specialization that includes at least four years of research. Please keep in mind that this is not a petition-based visa.
- NAFTA staff are qualified for the TN visa – this visa allows Canadian lawyers, scientists, engineers, and teachers to work in the United States for a limited time.
- Individual or Team Athlete, or Member of an Entertainment Group P-1 visa – as an athlete or as a part of an entertainment community, to compete in a particular athletic competition. Requires a degree of sustained success that is globally accepted. Persons that provide critical services in support of the above individual are included.
- Artist or Entertainer (P-2) visa for Individual or Group – for outstanding results in a reciprocal exchange programme between a US-based organisation and a foreign-based organisation. Persons that provide critical services in support of the above individual are included.
- Artist or Entertainer (P-3) visa for Individual or Group – to perform, teach, or coach as part of a culturally distinct programme, such as a traditional ethnic, folk, cultural, musical, theatrical, or artistic performance or presentation. Persons that provide critical services in support of the above individual are included.
- O-1 Visa: This is a visa for people with exceptional skill – expert expertise in science, business, education, athletics, or art, as well as international recognition for their work, is required for the O1 visa .
- Trainee or Special Education visitor with an H-3 visa – to undergo training that is not available in the trainee’s home country, such as graduate medical or academic training or practical training programmes in the education of children with mental, physical, or emotional disabilities.
- Temporary Nonimmigrant Religious Workers (R-1) visa To assist foreign nationals in obtaining jobs in a religious institution in the United States. Only ministers and others who work in the religious field are eligible.
US Work Visa Application Process
While you met the pre qualifying requirements and have gathered the necessary documents, you are eligible to begin your application for a work visa in the United States. You may submit an application by following the steps below:
Print the confirmation page after completing the Online Nonimmigrant Visa Application (Form DS-160).
All of the data you submit on the DS-160 form must be accurate. If you have some false details, the Embassy may have sufficient grounds to refuse you a visa. Furthermore, the DS-160 form is available in a variety of languages, but your responses must be written in English.
Book and attend your visa interview
Due to the high volume of applications received by US embassies, you can arrange your interview as soon as you have completed all of the requirements. A visa interview is usually not needed if you are under the age of 13 or over the age of 80. Interviews are required for people aged 14 to 79, although there could be exceptions if you are simply renewing your visa.
The details on the DS-160 form and your interview will be used by the US Embassy to determine whether or not you should be granted a visa. As a result, it’s critical that you arrive at the interview on time, dressed appropriately, and with all of the necessary documentation. Furthermore, you have to respond to all questions, always providing accurate details. If you have false information, visa interviewers are qualified to detect it, and they will reject your visa application.
Additional steps
Depending on your venue, you might be asked to provide digital fingerprints before, during, or after your interview, as well as pay any additional fees. If the US Embassy issues you a work visa after the visa processing, you will be asked to pay a visa issuance charge. The visa issuance fee is calculated according to your country of origin.
Temporary Workers Rights and Privileges
In the United States, temporary workers have a number of privileges that are granted by the government. They are free to exercise their rights without fear of being punished if they are violated or exploited. If anyone in the United States violates your rights and you report it, your visa will not be revoked, and the government will not be able to compel you to return to your home country if your visa is still valid.
If Homeland Security and other departments approve your entrance into the United States, you have the option to apply to extend your stay. You cannot remain in the country after your visa expires unless the Embassy extends your visa. If you remain after your work visa has expired, you will be unable to apply for another in the future.
