Work Visa: How it Works and How to Apply
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What Is a Work Visa?
A United States work visa is an employment-based visa that allows foreign nationals to enter and stay in the United States while working legally. These visas are not permanent, and the duration a person is allowed to remain in the United States depends on the type of visa they are issued.
To obtain a work visa, a prospective US employer must first file a petition with United States Citizenship and Immigration Services. Once USCIS approves the petition, the potential employee may apply for a work visa.
To be eligible and approved for a work visa, a foreign national must meet all requirements mandated by USCIS, submit a visa application and supporting documents, and undergo an in-person interview. This process takes place in the potential employee's home country. Once approved, the employee is permitted to enter the United States and begin working.
For more information about temporary worker visas, click here.
How a Work Visa Works
Work visas are for people who want to legally enter the United States for temporary employment. The duration of employment will be determined by the employer and the type of visa that is issued.
There are various categories of temporary work visas that apply to different types of employees and occupations. Some of these categories include:
- Specialty occupation
- Free Trade Agreement professional
- Agricultural worker
- Non-agricultural worker
- Trainee or special education visitor
Some of the visa categories require that an employer obtain labor certificates and approval from the Department of Labor before filing a petition with USCIS. It may be helpful for an employer considering hiring a foreign national to consult with an immigration lawyer to ensure they have met all requirements for a work visa.
Once a foreign national is granted a work visa and enters the United States, they must comply with all conditions of their employment and terms of the work visa. A non-immigrant who violates any conditions could have their visa revoked and denied re-entry to the United States.
Read this article for more information about how work visas work.
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How To Get a Work Visa – Step-by-Step
Obtaining a work visa can be a complicated process, and several steps must be completed before, during, and after the visa process.
Before Applying for a Visa
A foreign national and their potential employer must meet three requirements before even applying for a work visa. If they do not meet all three, the visa application can be denied.
- Job Offer. A foreign national who wishes to work in the United States temporarily must have first applied for and received an offer for a job in the United States.
- Petition by Employer. Once a foreign national has been offered a job, the potential employer must file a petition on their behalf. Employers must submit a Petition for a Nonimmigrant Work to the USCIS. Without an approved petition, a person cannot even begin the application process for a work visa. Even with an approved petition, a work visa is not guaranteed.
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Approval by the Department of Labor.
The following work visas require that the employer receive a certificate from the DOL before submitting their petition:
- H-1B
- H-1B1
- H-2A
- H-2B
The certificate from the DOL proves that the employer needs foreign workers and is unable to fill the open position with a worker from the United States.
Visa Application Process
After fulfilling the above requirements and receiving an approved petition from USCIS, the foreign national can begin the visa application process. The applicant must follow the following steps:
- Visa Application: The applicant must complete Form DS-160, Online Nonimmigrant Visa Application. All the information entered must be truthful and accurate. While the application is available in different languages, all answers must be in English. Once this form is complete and submitted, the confirmation page must be printed.
- Schedule an Interview: After applying, the applicant is required to schedule an interview at a US Embassy in the country where they live. Applicants must have their approved petition receipt number to schedule the interview. Wait times for an appointment vary by country.
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Prepare for the Interview:
Preparation is essential to ensure a successful interview. Applicants must pay the non-refundable visa application fee before the interview. They must also gather all required documentation to bring to the interview. Depending on the applicant's home country, they mare require additional documentation. Applicants should check the embassy or consulate website to make sure they have all necessary documents. Required documents include:
- Valid passport
- Nonimmigrant Visa Application confirmation page
- Application fee payment receipt
- Passport photo that meets guidelines
- Approved petition receipt number
- Attend the Interview: At the interview, the applicant will meet with a consulate officer. The officer will review the application and ask the applicant a series of questions. It is crucial to be honest, and thorough in answering these questions. Officers are trained to detect deception and will deny a visa if they feel the applicant is dishonest.
Applicants must prove that they have compelling ties to their home country and plan on returning after the duration of the temporary US visa. These ties can include:
- Owning a residence in their home country that they plan to return to
- Family relationships and strong ties to their home country
- Economic situation
- Long term plans
At this interview, the applicant's fingerprints will be taken, and if the visa is approved, the applicant can pay a visa insurance fee.
Image via Pexels by Laura Tancredi
Types of Work Visas
There are several types of work visas in various categories. The type and purpose of work of the foreign national will determine what visa is appropriate.
- H-1B Visa: Peron in Specialty Occupation. The H-1B visa requires a college degree or equivalent and expertise in a professional or academic field.
- H-1B1 Visa: Free Trade Agreement Professional. H-1B1 visas are only for citizens of Chile and Singapore. They have similar requirements to an H-1B visa.
- H-2A Visa: Temporary Agricultural Worker. This allows a person to work as a temporary or seasonal agricultural worker.
- H-2B Visa: Temporary Non-Agricultural Worker. This visa is the same as the H-2A; however, the temporary worker can be employed in any industry, not just in agriculture.
- H-3 Visa: Trainee or Special Education Visitor. An H-3 Visa is for people who want to receive training and education in the United States that is not available in their own country. This often includes training programs for educating children with disabilities. Even though the foreign nationals will be receiving education and training in the US, they will be pursuing their career outside of the US.
- I Visa: Representatives of Foreign Media . An I Visa is for foreign media workers, including reporters and film crews. This visa will allow them to work in the US, usually for an indefinite period if they work for the same company.
- L-1 Visa: Intracompany Transferee . When a company has locations in different countries, they can use an L1 Visa to transfer employees to locations abroad. The employee must remain employed by the same company.
- O-1 Visa: Visa for Persons with Extraordinary Abilities . The O-1 visa is for a foreign national who shows expert knowledge in science , business , education , athletics , or art . They are often internationally recognized for their work.
- P Visas: Performance Visas. P Visas include P-1A, P-2, and P-3 visas and are for athletes, musicians, or artists to enter the United States to perform.
- R-1 Visa: Temporary Nonimmigrant Religious Workers . This visa is for individuals coming to the US to work with a religious organization.
Click here if you would like more information about the different types of temporary employment visas.
How Long Do Work Visas Last?
A non-immigrant work visa duration depends on which visa is granted and the employer's hiring contract. H-1B visas, for example, can be valid for up to six years . The duration of an H-2A or an H-2B visa may vary depending on the labor certification but initially cannot be longer than one year. After the first year, extensions are available but cannot exceed three years.
For those holding performance-based visas like an O-1 Visa, P Visa, or R-1 Visa, the duration is usually defined as the time necessary to accomplish the event or performance . These visas are all eligible for extensions; however, the O-1 visa is the only visa without a maximum time limit.
Suppose you are unsure about how long your visa is valid. In that case, you can consult with an immigration attorney to make sure you are in compliance with your visa conditions and find out if you are eligible for a visa extension.
Get Help with A Work Visa
Do you have questions about work visas and want to speak to an expert? Post a project today on ContractsCounsel and receive bids from immigration lawyers who specialize in work visas and other immigration matters.
ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.
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Andrew A.
I am the Managing Partner of Adams Global Immigration, a Business Immigration Law firm focusing on nonimmigrant visa processing (H-1B, L-1, E-2, E-3, O-1, TN, etc.) and immigrant visa processing (EB-1, EB-2, EB-3, PERM, NIW, etc.). I have many years of business immigration experience, including legal work at Jackson and Hertogs, Fragomen, E&M Mayock, and as a Freelance Immigration Specialist. My specialization includes complicated Request for Evidence responses and high-volume nonimmigrant visa preparation. I can provide legal advice regarding employment visa preparation, unique international travel issues, and various other complex immigration matters. Prior to joining Jackson & Hertogs in 2018, I served as a Certified Law Clerk with the San Diego Public Defender office through Thomas Jefferson School of Law (TJSL). In this role, I argued over 40 hearings in state court for criminal juvenile matters, adult misdemeanors, and adult felonies. I subsequently joined the TJSL Removal Defense clinic, wherein I argued and won a full asylum trial in Federal Court for a Moroccan refugee fleeing severe LGBTQ persecution.
"Andrew has been responsive and helpful during the whole process"
Sara S.
With over eleven years of intellectual property experience, I’m happy to work on your contract problem. I am very diligent and enjoy meeting tight deadlines. Drafting memoranda, business transactional documents, termination notices, demand letters, licenses and letter agreements are all in my wheelhouse! Working in a variety of fields, from construction to pharmaceutical, I enjoy resolving any disputes that come across my desk. I will prioritize your project, big or small. Please be ready and prepared with all relevant documentation so we can get started as soon as you click HIRE! Hourly rate projects will be billed hourly in accordance with the timesheet. Flat rate projects will be billed in segments. Choosing an hourly or flat rate is up to you. Absolutely no refunds.
"Sara was very helpful with the matter and we will work with her again."
Jennifer W.
Jennifer W.
I am an Immigration attorney specializing in business, corporate, and family immigration. I have served the immigrant (EB1A/B/C, NIWs, and PERM) and non immigrant (H, L, O, TN, E) needs for individuals, families, start-up companies, and some of the largest financial and commercial companies. I have experience with adjustment of status and consular processing. Please let me know how I can serve your immigration needs.
"Jennifer has been an exceptional lawyer throughout my EB1-A application process. Her kindness and dedication have been evident every step of the way. She has provided invaluable guidance and support, alleviating many of my concerns and uncertainties. Now, as we await the result from USCIS, I am filled with excitement and confidence, knowing that Jennifer has done everything possible to ensure the success of my application. I highly recommend her services to anyone seeking expert legal assistance"
Howard B.
Berkson is a dedicated, practical, and detail-oriented attorney licensed to practice in every state court of Oklahoma and the United States Northern and Eastern District Courts. He graduated from the University of Tulsa College of Law with Honors. While there, he received awards for highest grade in trial practice, legal research, and civil procedure. He was also the Executive Notes and Comments Editor for the Energy Law Journal, the official journal of the Energy Bar Association in Washington, D.C. The Energy Law Journal is one of the few peer-reviewed journals in the legal profession. Prior to becoming an attorney, Howard Berkson held executive positions involving a wide range of business and human resources management functions. He has in-depth knowledge of both business and HR practices. During his business career, Berkson negotiated, wrote, red-lined, and disputed contracts. He has answered charges, handled inspections, and supervised audits involving numerous agencies including the Department of Labor, the Equal Employment Opportunity Commission, the National Labor Relations Board, the Occupational Safety and Health Administration, and various state agencies. Berkson honed his analytical and writing skills while earning his Bachelor of Arts degree in Philosophy from the University of Washington. He went on to obtain a Master of Arts in Labor and Industrial Relations from the University of Illinois. Berkson’s work can be found in such publications as The Energy Law Journal, Human Resource Management Review and Personnel Psychology. He is a member of Phi Alpha Delta law fraternity and of Phi Kappa Phi honor society.
"Very easy and effective to work with. Howard knows what he is doing."
Gill D.
Erik has been a practicing attorney in Florida for over a decade. He specializes in employment and real estate contracts. He has represented clients big and small and can assist with any contract issue.
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Fractional General Counsel and Board Advisor with over 26 years of experience advising companies and their management in the US, EMEA and APAC. I use my legal and finance background to understand the client's business and bring the most practical, efficient legal solutions to grow the business while reducing risk. Focus includes: Compliance | Governance (including AI) | Tech Transactions | Licenses | SaaS | Cross Border | Equity Investments | JVs | International Expansion | Fractional GC https://www.linkedin.com/in/ggorvettesq
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Work Visa
New York
Can you explain the requirements and process for obtaining a P3 visa for a foreign artist to perform in the United States?
I am a concert promoter based in the United States, and I am currently in the process of booking a popular foreign artist for a series of performances in various cities across the country. I have been researching the visa options available for artists, and I came across the P3 visa category, which seems to be appropriate for this situation. However, I am unsure about the specific requirements and process for obtaining a P3 visa, and I would like to consult with a lawyer to ensure that I am properly understanding and fulfilling the necessary criteria to successfully bring this artist to the United States.
Danny J.
The P3 visa is indeed an appropriate option for foreign artists performing in the United States. Here's a brief overview of the key requirements and process: 1. Eligibility: The artist must be coming to perform, teach, or coach as part of a culturally unique program. 2. Petition: You, as the U.S. employer or sponsor, must file Form I-129 with USCIS. 3. Supporting documents: These typically include evidence of the artist's cultural uniqueness and the event's cultural nature. 4. Consultation: A written advisory opinion from a labor organization is often required. 5. Timeframe: Processing times can vary, but premium processing is available for expedited service. While these are the basic elements, the P3 visa process can be complex, with nuanced requirements and potential pitfalls. Given the importance of ensuring a smooth entry for your foreign artist and the potential consequences of visa issues, it would be prudent to have a legal professional guide you through this process. As an attorney, I could assist you in: 1. Assessing the artist's eligibility for the P3 visa 2. Preparing a comprehensive petition package 3. Navigating any requests for additional evidence 4. Ensuring compliance with all USCIS requirements 5. Addressing any potential complications Would you like to discuss your specific situation in more detail and explore how we can work together to secure the P3 visa for your artist?
Visa
Work Visa
Michigan
I am curious how to go about getting a visa for the UAE, I have realized that not having a Visa for this region is affecting my likelihood of being able to get a contract Safety job, as that I what I would like to obtain, any suggestions on how to proceed and what type of Visa would be best suited, etc.
I have always wanted to work overseas, and feel that not having a Visa is making me either less desirable of a candidate. I have always wanted to do safety consulting in the UAE.
David H.
Hello, I'm a Michigan licensed attorney my name is David Hatch. This is not an area of practice that I work in, but I can help you find a Michigan licensed attorney that does this kind of work. Please let me know if that is something of interest to you.
Quick, user friendly and one of the better ways I've come across to get ahold of lawyers willing to take new clients.
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