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US Employment Based Visas

Aside from being a country where a large number of people go for taking a leisure trip, the United States happens to be a popular working destination as well. People from across the globe choose to work in the U.S. because of the attractive salaries and great working environments.

There are two ways through which you can visit the country for employment purposes:

  • As a temporary employee
  • As a sponsored/permanent employee

The temporary employees need a US non-immigrant visa. The sponsored employees, on the other hand, need an immigrant visa.

What is the American Work Visa?

The American Work Visa is used for individuals to go to and work on a temporary basis in the United States for a specified period of time. The period of time that you will be working must be noted in the contract of employment or the visa application. This type of visa for the U.S. does not let people work in the country permanently or for an indefinite period. Candidates need to fulfill a list of US visa requirements as well as submit the documents specified in the next sections of this article to apply for a U.S. temporary work visa.

Types of Work Visa in USA

Employment-based visas are divided into several various categories, depending on the employment type and experience. These categories include

  • H-1B: Foreign professionals in specialty occupations (temporary)
  • H-2A: Agricultural workers from certain nations (temporary)
  • H-2B: Seasonal non-agricultural workers (temporary)
  • L-1A/L-1B: Workers (Management/Executives/Professionals) of multinational organizations functioning in the United States (temporary)
  • EB-1: Priority Workers
  • EB-2: Professionals with advanced degrees as well as persons of exceptional ability
  • EB-3: Skilled workers, professionals, and unskilled workers
  • EB-4: Certain special immigrants
  • EB-5: Immigrant investors

How to Get a Work Visa

Obtaining a work visa can be complex, and there are several steps that must be completed before, during, and after the visa process.

Before Applying for a Visa

A foreign national and their potential employer are required to meet three requirements before applying for a work visa. If they do not meet all three requirements, their visa application can be denied.

Job Offer

Any foreign national who desires to work in the U.S. on a temporary basis is required to have first applied for and received an offer for a job in the country.

Petition by Employer

After a foreign national has been offered employment, the potential employer ought to file a petition on their behalf. Employers are required to submit Petition for a Nonimmigrant Work to the USCIS (United States Citizenship and Immigration Services). An individual, without an approved petition, cannot even begin the application process for a work visa. The visa is not guaranteed even with an approved petition.

Approval by the Department of Labor

Below mentioned work visas require that the employer receive a certificate from the DOL before the petition is submitted:

  • H-1B
  • H-1B1
  • H-2A
  • H-2B

The DOL certificate proves that the employer needs workers from other countries and is not able to fill the open position with a worker from the US.

How Long Do Employment Visas Last?

The duration of a non-immigrant work visa depends on which visa is granted and the hiring contract of the employer. For example, H-1B visas have a validity of up to six years. The duration of an H-2A or H-2B visa is likely to vary depending on the labor certification. However, it cannot be longer than one year initially. After the first year, extensions are available but they cannot surpass three years.

For individuals who hold performance-based visas, including O-1 Visa, P Visa, or R-1 Visa, the duration is generally defined as the time mandatory for accomplishing the performance or event. These visas are all eligible for extensions. However, the O-1 visa is the only visa that does not have a maximum time limit.

We Represent Small, Medium, and Large Companies and their Employees in Obtaining Non-Immigrant Visas, including the Following Types of Visas:

  • B-1 After-Sales Contract
  • B-1 in Lieu of H-1B
  • E-1 Treaty Traders and Essential Employees
  • E-2 Investors and Essential Employees
  • E-3 Visas for Australians
  • H-1B Specialty Occupations
  • H-1B1 Specialty Occupations for Chile and Singapore Nationals
  • H-3 Trainees
  • J-1 Exchange Visitor
  • L-1A Intra-Company Transferees for Both Executives and Managers
  • L-1B Intra-Company Transferees with Specialized Knowledge
  • O-1 Individuals of Extraordinary Ability
  • P-1 Professional Athletes
  • R-1 Ministers and other Religious Workers
  • TN Professionals under the NAFTA Treaty
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