The United States is a popular destination for work seekers from all over the world. The high salaries and good working conditions are just a few of the reasons why people are drawn to the US job market.
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A work visa is a document that allows a foreign national to work temporarily or permanently in the United States. There are many different types of work visas, each with its own eligibility requirements and application process.
If you are a non-US resident who wants to work in the United States, it is important you understand the different types of work visas available and the eligibility requirements for each. Also, the application process can be complex, so it is better you start early.
Work Visas in the United States
Details about Work Visas in the US
A US Work visa is that official document that allows you to work temporarily or permanently in the United States. These kinds of visas are of two types: non-immigrant and immigrant visas.
Non-immigrant visas are for people who want to work in the United States for a temporary period of time, such as for a specific job or project. Meanwhile, Immigrant visas are for people who want to live and work in the United States permanently.
The type of work visa you need will depend on your job offer, skills, and immigration status. If you are a foreign national who wants to work in the United States, you should consult with an immigration lawyer to determine which type of work visa is right for you.
These visa types form the two pathways to employment in the country.
Pathways to Employment in the United States
There are two main pathways to employment in the United States. They are:
Temporary employment: This is where you come to the United States on a non-immigrant work visa and work for a specific employer for a limited period of time.
Sponsored/permanent employment: This is where an employer sponsors you to come to the United States on an immigrant work visa. You will be required to work for that employer indefinitely.
Some of the factors to consider when choosing a pathway to employment in the United States include the length of time you want to work in the country, your skills and qualifications, your immigration status, your financial resources and your family situation
Temporary US Worker Visas
These visas allow non-immigrants to work for a defined period, with the stipulation that they depart the U.S. upon visa expiration unless they choose to reapply for an extension. Some of the popular ones are as follows:
Seasonal Agricultural Employment Visa (H-2A)
The H-2A visa is a temporary or seasonal agricultural visa that allows employers in the United States to hire foreign workers to perform agricultural work when there is a shortage of domestic labour. The work must be temporary, meaning it does not take more than one year to complete, and it must be seasonal, meaning it is tied to a certain time of year or event.
There is no cap on the number of H-2A visas that can be issued each year. This means that any employer who meets the eligibility requirements and can demonstrate a need for foreign labour can apply for an H-2A visa for a foreigner.
H-1B Specialty Employment Visa
The H-1B visa allows U.S. employers to temporarily hire foreign workers with specialised knowledge in a variety of fields, including computer science, engineering, and medicine. To qualify for an H-1B visa, you must have a bachelor’s degree or higher in the field of your specialisation, and you must have a job offer from a U.S. employer that is willing to sponsor you for the visa.
The H-1B visa is a popular visa category, and there is an annual cap on the number of visas that can be issued. This means there is a competitive application process, and not all applicants will be approved.
One of the basic requirements is that you must have a bachelor’s degree or higher in the field of your specialisation. Others are that you must have a job offer from a U.S. employer willing to sponsor you for the visa, and that the employer must show that there are no qualified U.S. workers available to fill the position, among others.
L-1 Visa
The L-1 visa is another popular nonimmigrant visa that allows U.S. employers to temporarily transfer certain employees from their foreign offices to their U.S. offices. There are two categories of L-1 visas: L-1A for managers and executives, and L-1B for employees with specialised knowledge.
The L-1 visa has no annual cap, making it available to all eligible applicants. The visa is valid for up to three years, and it can be renewed for an additional three years.
To be eligible for an L-1 visa, you must:
- Be employed by a company that has a qualifying relationship with a U.S. company (parent company, branch, subsidiary, or affiliate).
- Be offered a managerial, executive, or specialised knowledge position in a U.S. company.
- Have been employed by the foreign company for at least one year in the past three years.
- Have a managerial or executive position (L-1A visa) or have specialised knowledge (L-1B visa) in the field of your employment.
- Be a full-time employee of the foreign company.
O-1 Visa
The O-1 visa is offered to those who have extraordinary ability in the arts, sciences, education, business, or athletics or who have a demonstrated record of exceptional achievement in the motion picture or television industry.
The said individual must also be coming to the United States to work in their field of extraordinary ability. Examples of people eligible for an O-1 visa include a world-renowned scientist, a renowned artist, a leading business executive, an Olympic athlete, a successful actor or actress, or a well-known musician.
The O-1 visa is valid for up to three years. However, the visa can be renewed for an additional three years.
E-1 and E-2 Visas
These classes of visas are designed for individuals from specific treaty countries engaged in trade or investment activities within the U.S.
The E-1 visa is for select individuals who are engaged in substantial trade between the United States and their home country and have the intent to enter the United States solely to carry on trade. Meanwhile, the E-2 visa is for individuals who have invested or are actively in the process of investing a substantial amount of capital in a business in the United States and have the intent to enter the United States solely to develop and direct the operations of the investment enterprise.
The E-1 and E-2 visas are valid for up to five years and can be renewed indefinitely.
T.N. Visa
The TN visa allows citizens of Canada and Mexico to work in the United States in certain professional occupations. The visa is based on the North American Free Trade Agreement (NAFTA), which was signed by the United States, Canada, and Mexico in 1994.
If you are a citizen of Canada or Mexico and you have a job offer in one of the qualifying occupations, you should contact your employer to see if they are willing to sponsor you for the visa. The employer must then file a petition with U.S. Citizenship and Immigration Services (USCIS). If the petition is approved, you will be able to apply for the visa.
E-3 Visa
The E-3 visa applies only to Australian citizens. It permits them to work temporarily in the United States in a specialty occupation. A specialty occupation, as defined by the United States government, is a job that requires theoretical and practical application of a body of highly specialised knowledge and the attainment of a bachelor’s or higher degree in the specific specialty or its equivalent.
The initial period of stay on an E-3 visa is two years. The visa can be extended for up to two years per extension, with no maximum number of extensions.
Permanent (Immigrant) Visas
Permanent or Preference immigrant visas, also known as green cards, are granted to international individuals seeking permanent residence and employment in the United States.
It is termed preference visa due to the fact that there are a limited number of green cards available each year, and the visas are awarded to applicants in a specific order, based on their family relationship to a U.S. citizen or lawful permanent resident, or their skills and education
EB-1 First Preference Visa
The EB-1 visa is a United States visa for individuals with extraordinary abilities in the sciences, arts, education, business, or athletics. The EB-1 visa is divided into three categories:
EB-1A Visa
These are given to individuals with extraordinary abilities. To qualify for an EB-1A visa, you must demonstrate exceptional ability in your field through sustained national or international acclaim. This can be shown through awards, publications, or other evidence of your achievements. You do not need an employment offer to apply for an EB-1A visa.
EB-1B Visa
These are given to outstanding professors and researchers. To qualify for an EB-1B visa, you must be a distinguished professor or researcher who has received international recognition for your contributions in your field. You must have at least three years of experience in research or teaching, and you must be coming to the United States to continue advancing your field in a research or teaching position at a university.
EB-1C Visa
These are given to multinational managers or executives. To qualify for an EB-1C visa, you must be a multinational manager or executive working for an international branch of a U.S. company for at least one year in the past three years. In addition, you must be applying for the EB-1C visa to continue working for that company, and your position in the United States must match or be higher than the one you had in a foreign country.
How Long Does It Take to Get a US Work Visa?
The processing time for a U.S. work visa can vary depending on the type of visa and the workload of the U.S. Citizenship and Immigration Services (USCIS). Generally, it takes about two to seven months for the USCIS to process a work permit application. However, some visas can take up to six months to process.
The following are the average processing times of the above-stated visas:
H-2A Seasonal Agricultural Employment Visa: The processing time for an H-2A visa is typically two to four months.
H-1B Specialty Employment Visa: The processing time for an H-1B visa is typically three to six months.
L-1 Visa: The processing time for an L-1 visa is typically two to four months.
O-1 Visa: The processing time for an O-1 visa is typically four to six months.
E-1 and E-2 Visas: The processing time for an E-1 or E-2 visa is typically two to four months.
T.N. Visa: The processing time for a T.N. visa is typically two to three weeks.
E-3 Visa: The processing time for an E-3 visa is typically two to four months.
EB-1 First Preference Visas: The processing time for an EB-1A Visa, EB-1B Visa, or EB-1C Visa is typically six to twelve months.
