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Apply for a work visa, what are the steps?
What are the steps to apply for a work visa in the United States? What are the types of work visa? What is the best work visa for you? If you have come this far it is because you are interested in the subject and do not know how to proceed. Don’t worry, we have all the necessary information regarding the steps to apply for a work visa in the United States.
Working in the United States can be the dream of many people; However, if you want to apply for a work visa, you should know what types of visa exist and the steps to apply for a work visa in the United States, at the same time that you may need the help of an immigration lawyer to support you. during your application process.
Types of work visa and their requirements
H-1B (specialty occupation)
If you are coming to the United States to provide services in a scheduled professional job then this type of visa is for you. You must have a bachelor’s or higher degree (postgraduate or doctorate) in the specialty for which you are applying. USCIS will determine if your employment constitutes your particular specialty and if you are qualified to provide this type of service. Your employer will need to submit a job application and stop by an office for officials to review the documentation.
H-1B1 (treaty-based temporary work visas)
Free trade agreements signed with Chile and Singapore allow Chilean and Singaporean citizens to work temporarily in the United States under certain conditions. Only citizens of these nationalities may apply for this type of visa. Applicants must have a job offer from an employer in their specialty area, pass the medical review, and complete the visa process.
H-2A (seasonal agricultural workers)
This visa allows employers in the United States to hire foreign nationals to fill temporary agricultural positions for which there is no labor available in the United States. An H-2A visa applies to you if you seek to provide services in the agricultural sector on a temporary or seasonal basis in the United States. A United States employer will need to file a Form I-129 for you with the appropriate entity for review.
H-2B visa (skilled and unskilled workers)
If you plan to travel to the United States for temporary or seasonal work for which there are not enough workers in the United States, this visa is for you. Your employer must present a certification from the Department of Labor confirming that there are not enough qualified workers for the type of work for which you are participating.
H-3 (training)
The H-3 visa applies to you if you go to the United States to receive training from an employer in any sector except education or postgraduate training, for a period of up to two (2) years. The training may not be available in your home country and it will not be able to provide productive work either.
H-4 (dependents)
If you are the main beneficiary of an H visa, your spouse or children (under 21 years of age) may receive an H-4 visa to accompany you to the United States during your time of stay. However, they will not have permission to work.
L-1 (intra-company transfer)
If you are an employee of an international company that is temporarily transferring you to the headquarters in the United States, this visa is for you. To qualify for an L-1 visa you must have specialized knowledge and be assigned to a position at the headquarters in the United States, although it does not have to be the same position you currently work in. In addition to this, you must have worked in the company continuously for at least one (1) year prior to your application.
L-2 (dependents)
If you are the main beneficiary of an L visa, your spouse or children (under 21 years of age) may apply for this type of visa to accompany you. Due to a recent change in the law, your spouse will be able to apply for authorization to work and enter the United States on their own L-2 visa; however, your children will not be allowed to work in the United States with this visa.
O (extraordinary abilities)
This type of visa is for people with extraordinary ability in science, arts, education, business or athletics; likewise, for people with extraordinary abilities in film and television production, together with their support staff.
P (artists, entertainers)
P visas are for certain athletes, entertainers, and performers along with their support staff seeking to work in the United States. extraordinary in film and television production, along with their support staff.
Q (cultural exchange)
If you wish to participate in an international cultural exchange program with the aim of providing practical training, employment, sharing the history, culture and traditions of your country of origin then this visa is for you. You must have a petition on your behalf from a sponsoring program and it must be approved by USCIS.
Documentation necessary for your application
If you are applying for an H, L, O, P or Q visa, you must submit the following documents to apply for a work visa:
- DS-160 visa application form confirmation page.
- A valid passport to travel to the United States with a validity of at least six (6) months longer than the time you are going to stay in the United States (unless there is a specific agreement with your country of origin that establishes an exception).
- If you apply for an L-1 visa with an open petition (blanket petition), you must also pay the fraud prevention and detection fee.
- The receipt number as it appears on the approved petition, I-129. Physical paper copies of Form I-797 are not required at the interview.
In addition to these documents, you must present supporting documentation confirming the information you have provided to the consular officer so that he or she can verify the step-by-step that should be taken during the interview and ensure that your information is correct.
Steps to apply for a work visa
- You must register on the USCIS (United States Citizenship and Immigration Services) page www.uscis.gov and follow the steps indicated.
- When you have registered, select in the system the visa category to which you apply, read the terms of your visa and select ”start”
- In this section you must put your data and the data of your employer. Subsequently, you will need to verify that all the information is correct before submitting your request.
- After submitting the application, you must pay an amount of ten (10) dollars for the cost of the procedure.
When you have completed your registration, you will need to wait for notification from the USCIS. The platform will tell you if you have been chosen for the selection (submitted), if you have been selected to present a visa petition (H-1B) (selected) and if you have not been selected (not selected) or rejected (denied) to apply for a work visa.
Legal support to apply for a work visa
Our law firm will support you in applying for a work visa. If you are thinking of applying for a work visa, we are at your disposal to clarify all your doubts and help you in everything you need. Contact us through the following form to schedule an appointment and start the application process.
