For people who want to come and work in the United States, securing a work visa generally offers the best means of documentation so that you can legally work in the country. The U.S. offers several types of work visas, both temporary and permanent, for international workers, depending on their circumstances.
Those interested in securing one of these permits will need to make sure they understand the different types of visas available and the application process involved. We will walk you through what you need to know about working with a U.S. employer to secure your work visa.
While a visa is a document that indicates a person can legally enter a country, not all visas give the holder legal permission to work. A work visa — also sometimes referred to as a work permit — specifically indicates that the holder can legally hold a job in the USA and receive a salary as an employee or business owner.
The U.S. offers both temporary and permanent resident permits. If you have a permanent residence permit that specifies that you can work — also known as a green card — or a work permit, you can hold a job amongst many other benefits.
Sometimes, people enter the country with a visa that allows them to live in the country but not hold a job. For example, if a person comes as a dependent family member of another person who does have a legal work permit, they might not be able to have a job themselves. This does vary depending on the visa category, and dependents (i.e. spouse) may be required to simply file a request for work authorization separately.
Those interested in securing a visa to work in the U.S. will quickly discover that the country offers a variety of categories for them to explore and apply for. We've provided a general overview for some of the common visa categories that permit work authorization in the United States.
The H-1B visa allows applicants in specialty occupations to apply for permission to work in the United States. The occupations admitted under this visa can range from fashion models to government research and development professionals.
Overall, the H-1B is one of the oldest and most well-known work-visas, but it also has severe limitations, including an annual-cap at 65,000 visas per year (i.e. lottery system). While many employers consider the H-1B for sponsoring foreign employees, there are also laborious requirements for the employers, and oftentimes not ideal for startup or early-stage companies.
This visa is specifically for individuals from Chile and Singapore and admits those who work in “specialty occupations.”
This is another visa that is limited to individuals from specific countries, and it is available for seasonal or temporary agricultural jobs where there are not enough U.S. workers who are able, willing, qualified and available to do the work.
This visa is only available for people from particular designated countries. It is for people who come to the country for temporary or seasonal positions unrelated to the agricultural industry.
People who want to pursue additional training within a specific field or related to the education of children with various disabilities can apply for this visa. A key requirement of this visa is that the training opportunities can’t be available in the applicant’s home country.
This is often an underutilized visa category that is effective for companies who wish to transfer a new member of their team to the U.S. office.
This visa is designed for companies that have foreign offices outside the United States. An employer can transfer its executives or managers to one of its U.S. offices, or a company that doesn’t have an office in the U.S. can send an executive or manager here to start one.
Overall, the L-1 Visa is the most direct visa for an intracompany transfer to the United States
The L-1 visa is meant for transferring high-level executives and managers, as well as specialized employees to a new or existing office in the United States. In order to qualify for the L-1 visa there must be a qualified corporate relationship between the foreign entity and the US-entity. The most common examples of this involve a parent-subsidiary, affiliate or branch relationship between the two entities.
Through the L-1A intracompany transfer visa, the main applicant must demonstrate that they have been functioning in an executive or managerial capacity, and that they will continue to be employed in one of these capacities through the US entity.
The L-1B intracompany transfer visa permits a “specialized employee” of the foreign entity to be sponsored by the US entity – a successful applicant must prove that they possess a unique knowledge that is specialized and integral for the US entity to function.
In order for a L-1 visa applicant to qualify, you must have worked in a full-time capacity for at least one-full year in the last three-years for the foreign company. It is necessary to demonstrate that you’ve held this managerial/executive/specialized position – and any travel time to the United States will be discounted from the one-year requirement.
There are several visa categories for the United States that are considered "merit-based'. In other words, the applicant will be obtaining a U.S. visa and work authorization on the basis of their individual achievements. In some cases you are still required to have a U.S. "sponsor" (i.e. employer), but not in all.
The O-1 visa for extraordinary ability targets those who have demonstrated outstanding achievements in one of the following fields:
These individuals need to have widely recognized “acclaim” in their area of expertise. Items that are considered in the adjudication of a merit-based visa, like the O-1, are generally an applicants: Publications, Awards, Media-Recognition, Citations and Acknowledgements for work, Letters of Recommendation (from both within the U.S. and outside), Academic Degrees and more.
This is another visa specifically for athletes or those in the entertainment industry. Those with an “internationally recognized level of sustained performance” can apply for this visa to work in the U.S. for athletic competitions or with an entertainment group.
This visa specifically allows people who will participate in an international cultural exchange program. More specifically, the program provides training and employment while allowing the individual to share their home country’s culture and traditions.
Yes, generally all foreign nationals will need a work visa to hold a job and receive a salary in the U.S. The country does recognize a number of countries from which residents do not need a visa to visit the U.S. for periods of up to 90 days, but those who want to hold a job and effectively get paid will need to go through the visa process with very few exceptions.
The only exceptions to needing a temporary worker visa are for those from Canada and Bermuda. Canadian and Bermudian citizens can enter as temporary workers without a visa, but they will need to have a temporary worker petition approved.
The U.S. has five categories of workers who can be admitted through a permanent visa and a number of temporary, nonimmigrant work visas. The temporary visas cover a wide range of employment categories, from religious workers, agricultural workers, treaty traders and investors, and exchange visitors to people with an extraordinary ability. There is even a specific group for intracompany transferees.
The types of visas also come with different periods of time before they need to be renewed. For example, an H1-B worker has three years before they need to renew their visa. The renewal process can then only be done once, for a total of six years on the H1-B visa.
On the other hand, an R-1 visa is good for 30 months before it can be renewed one more time for an additional 30 months. However, an E treaty-visa has to be renewed according to the reciprocity the U.S. has with each country. For example, a UK national is eligible to obtain an E visa for 5-years, while an Egyptian national is only granted 3-months. It is also important to understand the difference between your “legal status” v. “visa duration”. Legal status generally refers to the period of time you are permitted to stay in the United States. This “authorized stay” is stamped in your passport each time you enter through U.S. customs. While the visa duration relates directly to the period of validity indicated on your Visa that is granted and stamped in your passport when received from the U.S. Embassy or Consulate.
Therefore, visa holders will need to check the renewal dates for their specific type of visa. To renew your visa, you will need to go through the application process again. However, in certain situations, you might be able to secure a waiver so you do not have to go through the interview process again during renewal.
Overall, it is advisable to consult with a licensed immigration professional for these matters. Overstaying in the United States, even if it was not intentional, is extremely detrimental. It can result in the accrual of an unlawful status and jeopardize future immigration planning for the U.S.
Securing a work visa will have varying degrees of difficulty depending on the type of visa you want. The different categories are for people with different sets of skills and backgrounds.
For example, the TN visa is offered by the U.S. government for citizens of Mexico and Canada through the North American Free Trade Agreement (NAFTA), while other visas accept people from nearly any country but require them to come with certain skills.
There are visas for those with exceptional ability, such as those in athletics, as well as those in specialty occupations and other specific categories. For example, foreign media members who want to enter the country need an I, Representatives of Foreign Media, nonimmigrant visa.
Work visas require that applicants demonstrate they have the skills necessary for temporary employment in that field. This might include a bachelor’s degree, another advanced degree, or practical training.
Therefore, your unique circumstances will determine the level of difficulty you encounter when trying to secure a work visa. The visa category in which you qualify, your level of skills and expertise, and the amount of competition you encounter can impact the level of difficulty when securing a work visa.
Having a work visa from the Department of State is required before you can enter the country. Therefore, it’s important to understand the process for securing the proper paperwork. Keep in mind that most types of work visas require that the process begins through a U.S. employer.
While the exact process of applying for a temporary work visa will vary depending on the type of visa for which you submit an application — particularly in the documentation portion — we will walk you through what you can typically expect.
The first step requires the potential employer to file a petition with the U.S. Citizenship and Immigration Services (USCIS). Formally, this petition is known as the Petition for a Nonimmigrant Worker, or Form I-129. If your desired job falls into a category where you have to have approval from the U.S. Department of Labor, such as a specific labor certification, the prospective employer will have to file this before the Form I-129 petition.
It is important to note that some temporary worker categories have limits to the number of permits granted within a given year. You and the potential employer will need to note if these limits apply to you and prepare.
The employer may also have to demonstrate specific requirements, such as that a job offer given to a foreign worker will not take a job away from an equally qualified U.S. citizen.
Once you have successfully obtained an approved petition, you will want to complete Form DS-160, which is the Online Nonimmigrant Visa Application. You will need to fill this form out online but also print the completed confirmation page so that you have it with you when going to your visa interview.
As you complete your application form, upload an acceptable photograph.
Seems like common sense, but you will need to have a passport that is valid for at least six months after your stay in the U.S., unless you are from a country that is exempt. Therefore, as you prepare your documentation and prepare for an interview for your visa, make sure that your passport has been properly renewed.
Once you have submitted your application, you will need to schedule an interview. This interview is required for those between the ages of 14 and 79 and is typically not required for those above or below that age range.
To prepare for your interview, make sure that you have some critical documentation on hand. In addition to your passport, you will need:
Overall, meeting with a U.S. Consular officer for an interview can be intimidating. Being prepared to address the questions of an officer and knowing the broad strokes of your application is certainly an important step in obtaining the visa.
Next, you will attend your interview. The interview will most likely be held at a local U.S. embassy or consulate. The officer will review the information you bring and interview you to determine your eligibility for the visa. They will also direct you to submit digital fingerprint scans, which will be during the interview in most situations.
This depends. Sometimes you hear stories of interviews lasting a few minutes. Others drag on for hours before finally being released. Overall, this can be an intimidating step in the visa process -- so being prepared and having the right encouragement is definitely valuable.
If the process runs smoothly, you will be notified that you have been approved for the visa. Certain nationalities may have a visa issuance fee. Your passport will be processed and returned to you with the visa. Depending on your location, you will pick it up or it will be delivered to you by mail.
Securing your visa to work in the U.S. can be exciting but also a bit intimidating. Dig-deeper to learn more about relevant topics for immigrating to the United States. Browse and connect with the experts who can answer your questions and help you move confidently through the work visa process.
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