Working Visas For The US: Everything You Need To Know

The United States is considered a land of opportunities. So, a potential candidate from any foreign country who wishes to work in the United States must first have the right work permit visa & labor certification. If the employment in any US company is for a fixed period, the applicant has to apply for temporary employment-based visas.

Last update:

01/01/2024

Working Visas For The US: Everything You Need To Know

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In this article, we will discuss everything you need to know about working visas in the US. The key takeaways are:

What is Work Visas?
Different Types of Work Visas in the US
Distinct Categories & Requirements of Working Visas
Labor Certifications
Frequently Asked Questions about Work Visas in the US
Final Thoughts
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What is Work Visas?

Work visas are government-issued orders managed through immigration authorities in the respective country. These authorities permit a foreign worker to live and work in another country for a specific and fixed period and are dependent on the nation’s immigration laws.

The immigration authorities also consider the host country’s need for foreign workers, the recruiter’s requirements, and the particular employment qualifications and work experiences of foreign workers. Work visas permit and regulate the lawful entry and work of foreign workers.

Different Types of Work Visas in the US

A foreign citizen seeking employment in the United States should have an appropriate visa. There are 2 types of work visas in the United States and it includes:

1. Temporary Work Visas

There are around 11 temporary work or non-immigrant visa categories, each relevant to the job type, & specific industry. Most of the visa applicants for temporary workers have approved petitions & labor certification. The expected employer needs to file the petition on behalf of the candidate. The United States Citizenship and Immigration Services (USCIS) authority reviews the petition.

In the temporary visitor visa, the duration of your stay is fixed by the work contract with your employer of the company. If the need arises to extend your stay in the US, apply for the extension of stay in USCIS & get approval from them, & it's done.

2. Permanent Work Visas

As the name suggests, a permanent work visa or immigrant visa authorizes the applicant with a combination of skills, work experiences, and education to live & work permanently in the United States of America. As per the USCIS, there are five immigrant visa categories based on employment. These are numbered EB-1, EB-2, EB-3, EB-4, and EB-5 for permanent workers.

Distinct Categories & Requirements of Working Visas

To work for a certain period in the US, you need to have a non-immigrate visa, whereas, your spouse & family member need to file for their visas before coming to the US. Thus, having a clear knowledge of the different types of work visas in the US would allow you to choose the best.

Young specialist making visa for tourists

1. H-1B: Person in Specialty Occupation

This work visa covers specialty jobs like the Department of Defence assigned co-production projects, government-to-government research & development, and fashion models.

✒️ Requirements: A bachelor's degree or equivalent degree

2. H-1B1: Free Trade Agreement (FTA) Professional (Chile & Singapore)

This work visa isn’t petition-based! It has a special application procedure for applicants applying from these countries - Chile & Singapore.

✒️ Requirements: Need to work in a specialty job, a post-secondary degree with 4 years of study in the field related to a specialized career

3. H-2A: Temporary Agricultural Worker

This work visa type is relevant to careers in seasonal agricultural work & it's limited to specific countries citizens only. Before applying for this visa, check the lists of specific countries.

✒️ Requirements: Employer needs to offer a temporary nature of job offer & ensure the need for labor

4. H-2B: Temporary Non-Agricultural Worker

This temporary work visa is related to careers in seasonal non-agricultural work like hospitality employment. It is available to citizens of a particular list of countries.

✒️ Requirements: Employer needs to establish that they require labor & this wouldn’t affect the wages or working conditions of US-employed people. Read the other requirements before applying for this visa.

5. H-3: Trainee or Special Education Visitor

These non-immigrant visas are relevant to trainees for training opportunities that aren’t available in the home country. It is valid for practical training programs in educating children with mental, physical, or emotional disorders.

✒️ Requirements: Trainees from graduate medical or academic fields

6. I: Representatives of Foreign Media

This classification of visa permits journalists or employees from different departments working in the information or media sector to complete their media work while staying in the US.

✒️ Requirements: Journalists or employees from different departments in the information or media sector

7. L1: Intracompany Transferee

This work visa is for employees with specialized knowledge and advanced tasks & responsibilities. Some of the job roles are branch manager, general manager, country coordinator, or other executive positions in international organizations.

✒️ Requirements: The prospective employer should be in a managerial, executive, or equivalent role. The applicant has been employed abroad by the same employer for around 1 year within the last 3 years.

8. R-1: Temporary Non-Immigrant Religious Workers

This non-immigrant visa helps certain religious workers from foreign nationals to come and work in the United States religious organizations.

✒️ Requirements: Ministers & other workers directly tied to religious work

Labor Certification

Some of the working visas like H-1B, H-1B1, H-2A, and H-2B require employers to have labor certifications from the Department of Labor (DOL). The employer of the international organization is required to apply for the approved labor certification on behalf of you or the employer before filing the petition in USCIS.

Final Thoughts

Obtaining a working visa for the US includes understanding the various categories and requirements based on your job & qualifications.

With employer sponsorship and guidance, you can explore the process & get a work permit for brighter career opportunities.

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Frequently Asked Questions about Work Visas in the US

Is it difficult to get a work visa for the USA?

It is a challenging task to get a working visa for the USA. It has strict eligibility requirements, employer sponsorship, and yearly visa quotas for H-1B categories of visas. The process of the working visa includes background checks and extensive paperwork.

How can I get a work permit to the USA?

You need a job offer from a US-based company and they will sponsor your working visa application. The employer needs to get a labor certification, and petition with USCIS on your behalf. Later, you need to apply for the appropriate work visa based on your job type & qualifications.

What happens if my work visa expires?

You need to leave the US immediately after your work visa expires. Alternatively, you can apply for an extension or change of status. You might face legal consequences like bans on future entry into the US if you extend your stay.