Each year people flock to work in the US, as the US market is known for its innovation, accommodation, and diversification. Approximately 140,000 employment-based immigrant visas are issued to qualified candidates every fiscal year that spans from October 1st to September 30th.
Depending on the type of employment, you need to check which category fits you the best before applying for a US work visa.
In this article, we will walk you through the types of work visas you can avail of with eligibility and requirements, and other important facts that you will be needing to beware of.
Types of Non-Immigrant US Work Visas
A non-immigrant work visa is meant for foreign nationals to come and work temporarily in the U.S. There are around 8 non-immigrant work visa categories that you can avail of for temporary work in the U.S.
Each work visa has its own requirements and specifications. Let’s jump into the details of each Non-Immigrant U.S. Work Visa.
E-3 Visa For Specialty Occupation Workers from Australia
An E-3 Visa is reserved for Australian nationals who wish to commit themselves to a specialty occupation in the US. A bachelor’s degree or higher is required, as relevant to the specialty occupation, as a minimum qualification for entry through an E-3.
Thus during your stay, you are required to apply the theoretical and practical knowledge of the highly specialized knowledge that you possess in discharging your duties.
The initial period of stay that is granted, is for 2 years. You can apply for a 2-year extension at the end of the initial stay. The extension can be made any number of times as there is no limit on the maximum number of extensions. So, an E-3 practically gives a lifetime opportunity to Australian nationals to work in the U.S.
H-1B For Professionals in Specialty Occupation
If you wish to work in a specialty occupation such as in the fields of engineering, architecture, social sciences, medicine, education, etc., then H-1 B Specialty Occupations visa is for you. You will need a bachelor’s or a higher education degree relevant to the specialty occupation concerned.
H-1B2 is suitable for folks considering research and development endorsed by their home country. And if you are a person who can offer services of exceptional merit under cooperative research and developed projects in the Department of Defense (DOD), then an H-1B2 is the best bet for you!
Also, if you’re a fashion model of prominence, distinguished merit, and ability, then you can apply for an H-1B3.
The total period of stay for an H-1B worker, researcher, or fashion model is capped at six years. You can initially stay for three years and then apply for an extension.
H-1B1 Visa For Chileans And Singaporeans
Like H-1B, the H-1B1 visa accommodates persons with specialized occupational interests. You will need a four-year degree in the concerned specialization to be eligible for an H-1B1. This is a petition-free visa. We will talk about the petition later on.
You must note that an H-1B1 is reserved for candidates from Chile and Singapore. There is a certain limit of visas that are granted each year: 1400 for Chile nationals, and 5,400 for Singaporeans.
The initial stay period is for one year. You can apply for only two extensions. Each extension is for one year.
H-2B Visa For Temporary Non-Agricultural Workers
An H-2B Visa is availed by a U.S, based employer on behalf of a foreign worker. This is done on the preconditions that there are not enough U.S. employees to work as nonagricultural workers and that the temporary employment of the foreign worker will not affect the wages and working conditions of the U.S. national workers.
Candidates from select countries are eligible for H-2B. There is a limit of 66,000 candidates who can avail of this visa every fiscal year.
H-3 Visa For Nonimmigrant Trainee or Special Education Exchange Visitor
H-3 accommodates people who are interested in receiving disability work training from the US. Entrants are involved in training programs that are designed to teach children with physical, mental, or emotional disabilities.
An H-3 “trainee” arrives in the U.S. on an invite-only training program broadly in the fields of- Agriculture, Commerce, Communications, Finance, Government, Transportation, and Other Professions.
Take note, that this is not a “work visa” in the strict meaning of the term, rather it allows the visa holder to get “training” in the U.S., for a job that is to be performed outside of the U.S.
Also, the U.S. employer must ensure that the applicant (trainee) is coming for training that is otherwise not available in the applicant’s home country. During the time of application, the trainee needs to describe- the type of training, nature of supervision, and structure of the training program.
For Non-Immigrant Trainees, the maximum limit of stay is 2 years, and 18 months for special education exchange visitors.
I Visa For Members of the Foreign Media, Press, and Radio
The I Visa allows foreign media representatives to enter the U.S. As a media representative, you might be working in press, radio, film, or other information media. The designations include- reporter, film crew, editor, etc.
During their stay, media workers and journalists can carry out their work in collecting, reporting, and disseminating news information. It can be either nonimmigrant or immigrant for the concerned media representatives. And the visa holder is allowed to be accompanied by a spouse or children below 21 years of age.
Note: When you just enter the U.S., at the port of entry (say, airport), you will be checked by a U.S. Customs and Border Protection (CBP) officer. The officer shall determine if you can enter the U.S. or not. A stamped Form I-94 will be provided to you. This form shall determine your authorized period of stay.
L-1B Visa For Intracompany Transferee Specialized Knowledge
An L-1B enables a U.S.-based company/employer to transfer its employee, who is working in the company’s foreign branch, to a branch based in the U.S. This visa can also be used to send an employee by a foreign company, which does not have any branch in the U.S., to establish one in the U.S.
In both of the above cases, the employee that’s being sent is a person with highly specialized knowledge that contributes to the organization’s interest and development.
Only employers based in at least one foreign country, other than the U.S., can send their employees to the U.S. through an L-1B. And the concerned employee should also have been working continuously for one year in the concerned organization prior to entering the U.S.
The visa-applying employee who is looking to establish a new office in the U.S. on behalf of his/her organization is approved initially for a one-year stay.
While the other employee who is just relocating from the organization’s foreign branch to the U.S. branch is granted an initial stay of up to three years. Both candidates however can get an extension of a maximum of five years.
R-1 Visa For Nonimmigrant Religious Workers
An R-1 visa is issued to any minister or non-minister who is into a religious vocation or occupation to enter the U.S. They are allowed temporarily in the U.S. to perform and propagate religious duties and functions.
The temporary work should be at least part-time (or a minimum of 20 hours per week). The employer that they wish to work with should be a U.S.-based non-profit religious organization.
You should have an affiliation and involvement in religious activities for at least years prior to visiting the U.S.
The total approved period of stay for an R-1 is 60 months. You will be initially allowed in the U.S. for 30 months. You can later extend your stay up to 30 months. The 60 months period is counted only for the physical period of stay in the U.S.
R-1 approves the holder to accompany their spouse, and unmarried children below 21 years of age.
Employment Visa Options Eligibility and Requirements
Before applying for any kind of visa, you’re required to check its eligibility and requirements.
Labor Certification: You cannot directly initiate to apply for the visa. Before that, the first thing that is required is a labor certification or any other document of approval from the Department of Labor, US.
You do not apply for this, rather your prospective employer (or petitioner) would do it on your behalf. Labor certification is subject to conditions and might differ from case to case, thus your employer should thoroughly read Instructions for Form I-129 before applying.
Form I-129: Form I-129 which is also called Petition for a Nonimmigrant Worker, should be filed. Again, this is to be filed by your employer/petitioner on your behalf, and should also be approved by the U.S. Citizenship and Immigration Services (USCIS).
Once you get a labor certification and your Form I-129 gets approved by USCIS, you can proceed with the application process.
Documents Needed for Employment Visas
Generally, the following documents are needed as part of your visa application process, or during your interview.
- Passport: A valid passport is mandatory to travel to the US. The validity of your passport should be at least six months beyond the period of your intended stay. So for example, if you intend to stay 30 months, then your passport validity should be at least 36 months.
- Form DS-160: A completed online Non-immigrant Visa application (or Form DS-160) is required. Take printouts as you will need them at the interview appointment.
- Fee Payment Receipt: Subject to conditions, you will need an application fee payment receipt to appear for the interview.
- Photo: This is the same photo that is uploaded while filling up online Form DS-160. The photo should follow the preset photograph guidelines.
- Receipt Number: This receipt number is mentioned on the approved Petition for a Nonimmigrant Worker i.e. Form I-129 issued by USCIS.
Process of Acquiring Employment in America as a Non-Immigrant
You need to make sure to follow the steps diligently for getting a work visa in the US. As mentioned earlier, labor certification and an approved Form I-129 are required before you can apply for the visa.
Online Visa Application Process
You need to apply online for a US work visa. You shall be filling out a specific online application form, called Form DS-160 for this purpose. Do take a printout of Form DS-160 as it will be needed at the time of the interview.
If you’re having difficulty filling up the form, you can consult our immigration advisor at Grape Law.
Schedule the Visa Interview
You cannot qualify for a US work visa without an interview. This interview is conducted at a U.S. Embassy or Consulate of your home country.
A few things should be noted regarding interviews
- Applicants below 13 and above 80 years of age are not required to give an interview. It is mandatory for applicants between the age of 14 to 79.
- A consular officer, however, can intervene or decide if an interview is required, regardless of the applicant's age. The consular officer would also be deciding which work visa would be applicable for you.
- It gets difficult to appear for a visa interview at the US embassy outside of your home country, thus you must try to get an appointment in your home country.
- Interview appointments wait times differ from location, visa category, and season, thus you are required to begin the process early to avoid unexpected delays.
- A receipt number is required to schedule an interview. This receipt number is available on your approved Form I-129 issued by USCIS.
- At the time of the interview, digital fingerprints would be taken.
It is advised to prepare for interview questions before the appointment. Get details of any of your U.S. residing acquaintances, be clear on the purpose of your stay, know the details of your employer and the nature of your work, etc.
Review Fees Slabs
You need to pay certain fees while ongoing your visa application. Broadly, the following 3 kinds of fees need to be paid-
- Application Fees: Pay a non-refundable fee of $190 at the time of filling application, or before scheduling an interview.
- Issuance Fees: You should also pay issuance fees after your application is approved. This differs from nationality to nationality.
- Fraud Prevention and Detection Fees: This fee is required to keep you at a safer bay. Along with this, Border Security Act fee may also be required.
The Next Step?
Applying for a work visa in the US is a meticulous process. Since each category is reserved for a different purpose and occupation, thus you are required to apply for a suitable one to your condition.
If you’re unsure which US work visa works best for you, then you should immediately consult an immigration advisor. An immigration advisor or consultancy firm would not only recommend you the best work visa, but they would also prepare documentation, application forms, fees, and other requirements to make the process smooth for you.
Which Work Visa Will be Suitable for You?
We understand our clients’ current standings, which include qualifications, nationality, and purpose to recommend the best suitable one for them. So consider a free consultation today to understand all the work visa tidbits and requirements in a clear manner.
If you wish to know which visa works best for you, consider reaching out to our immigration advisor at Grape Law.
