Work Visas In USA – Requirements and Processing

Hi there! Our discourse today is geared towards Work Visas in the US and also US Work Visa Types. The United States is a top destination to work just as it is a popular tourist destination, of course who wouldn’t love to work in the United States where you can earn high salary and work in a conducive atmosphere with world class experts in various fields. The essence of this article is to help foreigners who are interested to work in the U.S. concerning Work Visa in the US and all you need to know.

WORK VISAS IN THE US- REQUIREMENTS, PROCESSING AND ALL YOU NEED TO KNOW

First of all, we’d like you to know that it is possible to work in the United States though you are not a citizen. There are actually two ways through which you can work in the U.S:

  1. You can go there as a temporary employee. This requires a US non-immigrant visa.
  2. You can go as a sponsored/permanent employee. This requires an immigrant visa.

Before we go further, we’d like to know what a Work Visa is. The U.S work visa lets you temporarily work in the country for a particular period of time and this specific period is to be noted in the employment contract or the visa application. Know that, with this visa, you can only work for a particular period of time and not permanently in the U.S.

There are lists of US visa requirements that applicants need to fill and submit.

  • Types of U.S Work Visas
  1. H – 1B Visa

This is a non-immigrant visa is meant for persons who major on a specialised occupation. This implies that U.S. employers are allowed to temporarily employ foreign employees. To opt for this visa, you will be required to present your educational qualification of higher degrees or its equivalent. Also, present models of notable merits and ability,

H-1B visa is legal for 3 years with a probable extension that can be up to six years. However, there can be exceptions to extend it further.

  • H1B Visa Requirements

The H1B visa applicant requirements include:

  • Applicants are expected to hold a bachelor’s degree or master’s degree (or the foreign equivalent).
  • The degree required for the job is typical for the job.
  • The work must be one that necessitates and demands for a professional in a specialty occupation.
  • Applicant must possess profound knowledge in the required field.
  • The employer must provide proof and evidence that there is lack of qualified US applicants for the position.

Note: Applicants with a minimum of 12 years of specialized work experience, and can bypass this requirement.

  • H1B Visa Fees

H1B processing fees include:

  • $300 Base Filing Fee
  • $750 ACWIA fee (for employers with less than 25 full-time employees)
  • $1,500 ACWIA fee (for employers with over 26 full-time employees)
  • $500 Fraud prevention and detection fee

 

  • H1B Visa Process

Step 1: Finding an H1B Sponsor

Step 2: Employer must submit Labor Conditions Approval (LCA)

Step 3: Employer must submits form I-129

Step 4: Applicant need to complete application at a US embassy or consulate.

  1. H – 1B1 Visa

The H – 1B1 Visa is not a petition based visa, as such you are required to have a post-secondary degree including a minimum of four years of study in the field of specialization. This visa is primarily for citizens of Singapore and Chile. But anyone can still apply.

H – 1B1 Visa Requirements

The requirements are similar to that of H1B Visa. Below is what you need to qualify for this visa.

  • There is no requirement that a petition need to be filed first with the USCIS. However, a petition may be filed with the USCIS so as to change status to H1B1, or to extend H1B1 status.
  • H1B1 status is most times granted in one-year increments with a possibility of been extended.
  • The H1B1 Visa is available to some applicants who may not qualify for an H1B visa because they lack bachelors’ degrees or the equivalent.
  • There is need for a labor condition application (LCA), certified by the U.S. Department of Labor, to be submitted.
  • H1B1 visas are not considered dual intent visas unlike the H-1B.
  • H – 1B1 Fee

H-1B1 filing fees should cost about $3000.

  • H – 1B1 Duration

The H-1B is legal for 3 years and can be extended a final three years.

  • H – 2A Visa

This visa is designed for temporary or seasonal agricultural work in the United States. This visa is limited to citizens of selected countries with limited exceptions.

  • H-2A Visa Duration

A person who has held H-2A nonimmigrant status for a total of 3 years is expected to return back to his or her home country for an uninterrupted period of 3 months before pursuing reapplying for Work Visa in the US as an H-2A nonimmigrant.

  • H-2A Visa Process

 

  • The farmer should apply for a domestic job order with the local State Workforce Agency.
  • Then, the farmer applies for a temporary labor certification through the Department of Labor’s Chicago National Processing Center who in turn provides the farmer with its final determination.
  • The farmer is then required to complete an H-2A visa petition with US Citizenship and Immigration Services.
  • Workers apply for the H-2A visa with the Department of State and complete consulate interviews.
  • Approved workers are expected to travel to the worksite and arrive on the start date along with an arrival/departure record.
  • H2A Visa Fees

Filing Fee – Regular $460

Processing Time       –        1 Week

  1. H – 2B Visa

Similar to the H-2A visa, however, this temporary visa is for non-agricultural foreign workers. Likewise, it is restricted to citizens of selected countries and with limited exceptions. This gives room for U.S. employers to temporary employ foreign employee to perform non-agricultural duties for a specific period.

The visa requirement and processing is not different from H-2A above. Also, the fee cost for H-2B visa is $190.

  1. I Visa

The I-Visa is a non-immigrant visa that is exclusively for foreign media representatives and journalists who travel to the United States so as to carry on and complete their work during their stay in the country.

  • I Visa Requirements

Technically, I Visa has no requirement. But, the demand is that the foreign media journalists or representatives should be strictly committed to their profession.

  • I Visa Fee

The fee for I visa is $160 and it is non-refundable.

  1. L1 Visa

The L1 visa, also referred to as the Intra Company Transferee visa allows employees currently working in an organization, company or industry in their local country to transfer into its branch, subsidiary, affiliate, or parent company in the United States. However the visa in two packages:

  • L1A Visa – is meant for Managers and Executives.
  • L1B Visa – is meant for Specialized Knowledge staff.

Requirements for L1 Visa

  • Applicant must be employed in the branch; subsidiary or affiliate of a US based company abroad for at least one year in the past three years.
  • Applicant must have specialized knowledge, or have a managerial or executive role in the organization.
  • Applicant must be offered a transfer to a managerial, executive, or specialized knowledge position in the US Company.
  • Applicant must be registered as a full-time employee; on the other hand, the applicant can work part-time in the US and at the same time use the rest of the period to work in their home country.
  • Importantly, the company or industry where the applicant works must have a subsidiary, branch, affiliate, or parent company in the US.

L1 Visa Fee

The filing fees for a DS-160 for an L1 visa is $190 foe each applicant.

L1 Visa Duration

The L1 Visa is valid for maximum of 7 years. However, employees that are under this category will initially be granted an L1 visa for up to three years which can be extended.

  • TN Visa

In the bid to strengthen the relationship between countries in America, the United States created the TN Visa which allows lawyers, scientists, engineers, teachers from Canada and Mexico to temporarily work in the US. This is referred to as the North American Free Trade Agreement (NAFTA)

The visa is divided into two:

  • TN-1 is the visa for citizens or nationals of Canada
  • TN-2 is the visa for citizens or nationals of Mexico

General Requirements for TN Visa

  • Applicants must be citizens or national of Canada or Mexico
  • Applicants occupation must be enlisted on the NAFTA list
  • Applicants must have been offered a full time or part time job from an employer in the United States
  • The job offer should be specified to require a NAFTA professional
  • Applicants are required to meet all educational and experience requirements.
  • Applicant must show the intent to return home after their visa expires

TN Visa Fee

The fee for TN Visa is set at $50 for the filing fee and $6 for I-94 fee. You can make your payment at the border at the time of applying for the TN Visa. Also, the total cost by Mail is set at $460 for Form I-129.

TN Visa Duration

TN visa is legal for a maximum period of three years. It may be renewed indefinitely, but it must be done periodically every three years.

Conclusion on Work Visas in the US- Requirements, processing And All You Need to Know

These are some and pertinent Work Visas in the US. Majority of these visas warrant your employee to file in for you, however there are some where you need to apply yourself and there are some limited to some countries. So you can take your time to read through this article and be acquainted with the necessary requirements and charges for the visas. It is important to note that, most of the different types of Work Visas in the US are meant for temporary stay which often last to the duration of your work activities in the country with only probable extension provision.

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