Getting Work Visa In Usa – There are several different avenues that can be used to live and work in the United States. One of the main ways you can immigrate to the United States is by securing a work visa. In this article, we give an overview of all the main work visas available as well as opportunities to delve deeper if you find a visa that suits your situation. Remember, hiring an immigration attorney can save you from costly denials or rejections in the future. Our attorneys secure numerous US work visas for foreign workers each year. We make the whole process smooth and fast, schedule a consultation, and excel in your career.
US work visas vary widely in requirements, length of stay, green card benefits, processing time and cost. It is important to choose the visa that best suits your work and personal qualifications before proceeding with any of these.
Getting Work Visa In Usa
The H visa is a nonimmigrant visa for foreign workers in specialized fields or highly skilled professions. There are the following H visas in the United States:
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In order to qualify for an H-1B visa, you simply need to have a specialty position that requires at least a bachelor’s degree (full or part-time) as well as the degree the job requires. Compared to some of the other work visas we will go over, this is a low barrier to entry. Schedule a consultation with our attorneys and learn all about your work visa options.
In fact, because so many people petition for the H-1B each year, USCIS has set an annual limit on how many visas can be issued in any given year. However, this limit is not first come, first served. The window for filing your petition opens on the first business day in April and usually in just one week, or however long it takes to reach the limit. After that, USCIS randomly selects 85,000 petitions, and awards 20,000 to candidates with advanced degrees.
Unfortunately, due to the large number of petitions the government receives, the chances of being randomly selected may be low. To exceed the limit, there are a few circumstances that do not require your petition to be entered into the lottery:
If your petition is selected in the lottery (or if you submitted a cap-exempt petition), then it will continue to be processed. If approved, then your H-1B visa will be valid for an initial three years with the opportunity to extend it for another three years. You can move from one H-1B employer to another with relative ease and you can also work for multiple employers at the same time. Fortunately, the H-1B is also a “dual intent” visa, which means you can petition for a green card while under H-1B status.
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EB visas are employment-based immigrant visas for foreign workers who have job offers from employers in the United States. Each category has different eligibility requirements and criteria.
The J-1 visa is unlike other work visas in that your sponsor is a program rather than an employer. It is the exchange visitor visa, intended for people from all over the world to spend time in the United States before bringing their new knowledge back home. There is a finite list of jobs that qualify under these programs:
If you are granted a J-1 visa, the period of your stay will be determined by your program. Some J-1 holders are granted less than a year, others are granted as much as ten years. You will need to check with your program to find out exactly how long you can stay. The J-1 is not a dual-intent visa, which means that pursuing a green card would be a violation of your status. Even if you do not qualify for one of the work visas, you may qualify for other types. Schedule a consultation with our team and discover how you can come to the United States with a work visa.
Unfortunately, the J-1 requires all holders to return to their home country for at least two years after their stint before coming back to the United States under any visa. However, this requirement can be waived by showing one of four statutory bases:
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As the only visa on this list that allows the beneficiary to self-petition, the E visa is highly regarded. However, it is designed for a very specific group of immigrants: they must be entrepreneurs from one of the countries that have a trade and navigation treaty with the United States. There are two subcategories under the E classification:
If your E visa is approved, your initial period of stay will be two years (less than the H-1B). However, you will be able to apply for two-year indefinite extensions as long as you continue to qualify for the visa, which is a major advantage of this classification. This visa does not technically have dual intent, but ask your immigration attorney about obtaining permanent resident status through your E visa.
The L visa is a nonimmigrant visa for foreign workers who transfer from a foreign branch of a company to a US branch of the same company. The purpose of the L-1 visa is to allow multinational companies to transfer employees with specialized knowledge or managerial skills to the United States. Examples of jobs that may require an L visa include executives, managers and employees with specialized knowledge in areas such as technology, finance and engineering.
There is no annual limit for the L-1 and no formal education is required. If you are granted one, you will stay for an initial period of three years with the opportunity to extend to seven years for L-1A and five years for L-1B. However, if you are starting a new office, your initial period will only be one year. After that, you will need to renew the visa. Also, keep in mind that you can only work for your sponsoring employer and cannot transfer your status. This visa has a dual purpose.
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The O visa is a nonimmigrant visa for individuals with extraordinary ability or achievement in the sciences, arts, education, business or athletics. The O visa is often used by companies to bring in individuals who have a demonstrated record of extraordinary achievement in their field. Examples of jobs that may require an O visa include scientists, artists, athletes and business leaders.
The O-1 visa is one of the most prestigious temporary work visas available. Officially, it is a visa for those with extraordinary achievements, which makes it one of the most difficult visas to obtain. Because “extraordinary” is a vague term, the USCIS has a list of evidence that qualifies as criteria for extraordinary achievements. This is based on which of the two visa subcategories you are pursuing:
If you are lucky enough to obtain an O-1 visa, it will be valid for an initial period of three years with the opportunity to extend it indefinitely as long as your presence in the United States is critical to your work or work of the organization. you are working for him. To obtain an O-1, you must be sponsored by your employer or an agent representing you. You cannot petition yourself. However, the O-1 is a dual-purpose work visa.
The TN visa is less known due to the fact that it only accommodates workers from a very limited number of professions and from an even more limited number of countries. People who are eligible for a TN visa are either from Canada or Mexico and have one of only about sixty occupations.
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Obtaining a TN is relatively simple and inexpensive compared to some of the other work visas, but there is one major drawback. The TN is not a dual-entry visa, so you have to go back to your country after your stay. However, if you are eligible and plan to work only temporarily, the TN is a great option.
The I visa is a nonimmigrant visa for foreign journalists, members of the media, or their families who are coming to the United States for work or educational purposes. I visas are typically used by foreign journalists who work for foreign news organizations but are assigned to work in the United States. Examples of jobs that may require an I visa include foreign correspondents, documentary producers, and foreign news editors.
The P visa is a nonimmigrant visa for individuals or groups coming to the United States for cultural, educational, or athletic events, competitions, or performances. The P visa is often used by sports teams, performing arts groups, and other organizations to bring in foreign talent for short-term events. Examples of jobs that may require a P visa include professional athletes, musicians, and dancers.
The R visa is a nonimmigrant visa for religious workers who come to the United States to work for a non-profit religious organization. The R visa is often used by churches and other religious organizations to bring in foreign religious workers who work as ministers, priests or other religious leaders.
How Does An O Visa Work?
For all work visas except H-1B, the petition can be filed at any time. It must also be presented by your sponsor and cannot be
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