US Work Visa USA Work Visa

US Work Visa

Working in the United State is the goal of many individuals across the world. Depending on the nature of your work, in most situations, you will first require the proper authorization to work in the United States. This means first obtaining a Work Visa prior to entering the U.S. labour market. There are many different types of work visas available to you, depending on what you intend to do in the U.S., you will need to determine which work visa is right for you.

U.S. Work Visas

Whatever your intended purpose in the U.S. is, there is a work visa for you. Depending on what your intended occupation is, you will need to apply for the right visa. See below for a list of the possible work visas that may apply to you:

L-1 Visa:

This visa is primarily for those foreign workers or business owners who wish to transfer existing or new U.S. Business

H-1B Visa:

This visa is geared at allowing professionals into the U.S. Labour Market. This visa is for those who are intending to work in what would be considered a high skilled occupation.

H-2B Visa:

The H-2B visa allows any foreign worker who is seeking temporary employment in the U.S. to obtain the status to do so. This visa is for both skilled and unskilled workers, except for in the agricultural field.

TN Visa:

The North American Free Trade Agreement (NAFTA) has helped bring the U.S., Canada and Mexico closer. Citizens of Canada and the U.S. are able to qualify for this Visa provided that their intended occupation in Canada falls under a list of eligible occupations under NAFTA.

What You will Need

Regardless of your situation, if it is your intention to work in the U.S., you will need the proper authorization to do so. This means you will need to obtain one of the above mentioned Visas to the U.S. and you may also need to obtain a Labour Certification.

Some temporary work visa categories require your intended employer to first obtain this Labour Certification from the Department of Labour prior to filing your application as a non-immigrant worker. Further, some categories are also limited in the total number of petitions which can be approved on a yearly basis.

Before you can apply as a temporary worker, a Petition for a Nonimmigrant Worker must be completed on your behalf by your employer. This needs to be approved by the United States Citizenship and Immigration Services (USCIS) before you can obtain your visa.

How We Can Help

Obtaining a work visas to the U.S. and garnering the ability to make a living for yourself or your family is the long felt dream of many prospective foreign workers. However, obtaining a work permit in the U.S. means that you have also first found an employer in the U.S. who is willing to hire you and obtain a Labour Certification first. This means that you will first need to find a prospective job before you can even attempt to apply for a work visa, in most cases.

As such, obtaining a work visa to the United States is a two stage process. We will help you with both.

We will assist you:

  • Draft the necessary forms;
  • Work with you and your employer to obtain the proper documentation;
  • Draft appropriate supporting documentation like a contract, employment offer letter, etc.;
  • Assist with preparing and filing for a Labour Certification;
  • Help demonstrate how you meet the conditions of a nonimmigrant worker;
  • Compile the strongest possible case as per your unique situation; and
  • Of course, be with you every step of the way.

For more information on U.S. Work Visas, feel free to browse our vast collection of information on the subject or contact us directly at 1-877-622-8182 or 416 477 2570. You can also email at Info@ToImmigrate.com.

If you are seeking to work in the United States, there are a couple of categories that you may choose from that are applicable to you. You can do so through,

1. Temporary (Nonimmigrant) Workers Program

2. Permanent Workers Program

If you wish to work temporarily in the United States, your employer will have to file a Nonimmigrant Petition for you with USCIS. Depending upon which classified worker you are, there will be different qualifications that must be met. For example, one of the workers on the list provided by USCIS is the H-1B.

For this category you must have highly specialized knowledge in a field such as, science, engineering, or computer programming. The qualifications would then be,

  • Having a bachelor’s degree or an equivalent
  • Working in a specialty occupation, as mentioned above (not exhaustive)
  • Earning a wage

Once you have determined your qualification, you may petition for the H-1B and provide the necessary supporting documentations.

Other types of worker in the Temporary (Nonimmigrant) Workers Program is,

  • Intracompany transferees in managerial or executive positions (L-1A)
  • North American Free Trade Agreement (NAFTA) temporary professionals from Mexico and Canada (TN)
  • Registered nurses working in a health professional shortage area as determined by the U. S Department of Labor (H-1C)

If you wish to work in the United States and stay permanently, you may be able to do so depending upon your:

  • Skills
  • Education
  • Work experience

There are five employment-based immigrant visa preferences in terms of permanent workers. These five are,

1. Those with extraordinary skills in; science, arts, education, business, athletics etc… (EB-1)

2. Those with advanced degrees or having exceptional ability in the arts, sciences, or business (EB-2)

3. Professionals, skilled workers, or other workers (detailed definitions can be found on USCIS)

4. Special immigrants such as, certain religious workers and retired employees of international organizations

5. Business investors who invest $500,000 or $1,000,000

Whether you wish to work in the United States as a temporary or permanent worker, at Akrami & Associates we can assist you with any difficulties you may have. Call now to see how we can help.

There are many ways for you to obtain a work permit in the U.S. Most of these occupations can be found in the temporary (nonimmigrant) workers class. Some of these include,

  • H-1B, workers with a specialty occupation
  • L-1A, intracompany transferees in managerial or executive positions
  • TN, North American Free Trade Agreement (NAFTA) temporary professionals from Mexico and Canada
  • P-1A, internationally recognized athlete

In the permanent class, there are five preference categories,

  1. Those with extraordinary abilities in science, arts, education, business, athletics, professors or researchers, and multinational executives and manager
  2. Those with advanced degrees in the arts, sciences, or business
  3. Professionals, skilled, workers, and other workers
  4. Special immigrants including certain religious workers
  5. Business investors

Depending on which preference category you are apply under, you may need a Labor Certification issued by the Department of Labor.

As you can see from the temporary foreign workers class or the permanent class, there are several different occupations that have its own application process.

When assessing your eligibility and what you need to do to apply, you will have to, for example, in terms of a P-1A visa,

  • You must be coming to the U.S. to participate in a competition, performance, event, where you will be acknowledged with a high level of achievement
  • Your employer will have to file a I-129
  • You must also submit the proper fee and supporting documentation

            o Documentation could be,

  • Written consultation from an appropriate labor organization
  • An explanation of the event and itinerary
  • Once the petition is approved, you can apply to a U.S. embassy or consulate

As you can see from this example, the process to obtaining a visa can be time-consuming and requires a lot of commitment.

At Akrami & Associates, we will be with you every step of the way! From assessing your eligibility, providing you with a list of the documents that need to be gathered, to drafting your documents, we will be there. Call us today to find out more!

Temporary worker visas are for persons who want to enter the United States for employment lasting a fixed period of time, and are not considered permanent or indefinite. Each of these visas requires the prospective employer to first file a petition with U.S. Citizenship and Immigration Services (USCIS). An approved petition is required to apply for a work visa.

Temporary worker visa categories:

 

Visa category

General description – About an individual in this category:

H-1B : Person in Specialty Occupation

To work in a specialty occupation. Requires a higher education degree or its equivalent. Includes fashion models of distinguished merit and ability and government-to-government research and development, or co-production projects administered by the Department of Defense.

H-1B1: Free Trade Agreement (FTA)

To work in a specialty occupation. Requires a post-secondary degree involving at least four years of study in the field of specialization.

H-2A : Temporary Agricultural Worker

For temporary or seasonal agricultural work. Limited to citizens or nationals of designated countries, with limited exceptions, if determined to be in the United States interest.

H-2B : Temporary Non-agricultural Worker

For temporary or seasonal non- agricultural work. Limited to citizens or nationals of designated countries, with limited exceptions, if determined to be in the United States interest.

H-3 : Trainee or Special Education visitor

To receive training, other than graduate medical or academic, that is not available in the trainee’s home country or practical training programs in the education of children with mental, physical, or emotional disabilities.

L : Intra-company Transferee

To work at a branch, parent, affiliate, or subsidiary of the current employer in a managerial or executive capacity, or in a position requiring specialized knowledge. Individual must have been employed by the same employer abroad continuously for 1 year within the three preceding years.

O : Individual with Extraordinary Ability or Achievement

For persons with extraordinary ability or achievement in the sciences, arts, education, business, athletics, or extraordinary recognized achievements in the motion picture and television fields, demonstrated by sustained national or international acclaim, to work in their field of expertise.

P-1 : Individual or Team Athlete, or Member of an Entertainment Group

To perform at a specific athletic competition as an athlete or as a member of an entertainment group. Requires an internationally recognized level of sustained performance.

P-2 : Artist or Entertainer (Individual or Group)

For performance under a reciprocal exchange program between an organization in the United States and an organization in another country.

P-3 : Artist or Entertainer (Individual or Group)

To perform, teach or coach under a program that is culturally unique or a traditional ethnic, folk, cultural, musical, theatrical, or artistic performance or presentation.

Q-1 : Participant in an International Cultural Exchange Program

For practical training and employment and for sharing of the history, culture, and traditions of your home country through participation in an international cultural exchange program.

Labor Certification - Some temporary worker visa categories require your prospective employer to obtain a labor certification or other approval from the Department of Labor on your behalf before filing the Petition for a Nonimmigrant Worker, Form I-129, with USCIS.

Petition Approval - Some temporary worker categories are limited in total number of petitions which can be approved on a yearly basis. Before you can apply for a temporary worker visa at a U.S. Embassy or Consulate, a Petition for a Nonimmigrant Worker, Form I-129, must be filed on your behalf by a prospective employer and be approved by USCIS.

Each employment category for admission has different requirements, conditions and authorized periods of stay. It is important that you adhere to the terms of your application or petition for admission and visa. Any violation can result in removal or denial of re-entry into the United States.

Foreign workers must obtain permission to work in the US in the form of a valid work visa, employment based green card or employment authorization. The Immigration and Nationality Act includes a range of US work visas and green cards for foreign workers with an offer of employment in the US.

Foreign workers with a temporary offer to work in the US may be able to apply for a temporary non-immigrant work visa, while those with a permanent offer to work in the US may be able to apply for a Green Card. Students and exchange visitors to the US may be permitted to work in the US if they possess a valid student visa or exchange visa.

In order to get a work visa in the United States, you need first to get a valid job offer or a work contract from an employer in the country beforehand. Petition for Non-Immigrant Worker (Form I-129) must be filed for any prospective “H" Visa applicants by the employer; processing fees apply. Upon approval by the immigration authorities, the employer will receive an official work authorization for the foreign worker – Form I-797 - Notice of approval – that will be sent back by the employer to the applicant in order to achieve the work visa application in a U.S. embassy or consulate abroad.

Even if the U.S. authorities approve the application for employment of a foreign national in the country, form I-797 – Notice of approval – does not guarantee the delivery of a work visa. The applicant must indeed go ahead with the work visa application by providing the local American embassy or consulate with: a valid passport, forms DS-156 and DS-157 completed, the original Form I-797 sent by the employer in the U.S., a passport-sized photo, payment of processing fees and a prepaid courier envelope with his/her physical address for passport return. An interview with an immigration officer will then be set up as well as a medical examination. If successful, the applicant will get a work visa.

Each employment category for admission has different requirements, conditions and authorized periods of stay. It is important that you adhere to the terms of your application or petition for admission and visa. Any violation can result in removal or denial of re-entry into the United States. The process can be depend on your category of work you are applying through.

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