ADMINISTRATIVE PROCEDURES
The USA is one of the top destinations for migrants seeking new employment and business possibilities. The reasons for the attraction include the vast number of opportunities and the high salaries. If you wish to migrate to the USA for work purposes, this article will elaborate on all the intricacies you must navigate.
The Types Of Work Visas Available
Different visas are available for anyone wishing to work in the United States, but all the visas can be classified as temporary or permanent.
A temporary visa allows the holder to stay in the country for a short time before returning home. A permanent visa enables one to work, settle in the country, and seek, in the longer run, to gain U.S. citizenship.
Temporary Visas
Before a person can apply for a temporary (known as the Nonimmigrant Worker) visa, their potential U.S. employer must petition the U.S. Citizenship and Immigration Services (USCIS) through Form I-129.
Some temporary visa categories (see below) require the employer to obtain a labor certification before petitioning the USCIS. Form I-129 should be reviewed to determine if labor certification is necessary for their potential employee. The applicant may apply for a temporary visa after the successful petition process.
Temporary Visa Categories
The table below outlines the types of temporary visas (Nonimmigrant Worker visas) available.
| Visa Category | Category Details |
|---|---|
| H-1B: Specialty occupation. | For workers in a specialty occupation. Requires a University degree (or equivalent). Includes distinguished fashion models, government R and D, and Department of Defense projects. |
| H-1B1: Chile and Singapore Free Trade Agreement Professional. | To work in a specialty occupation It is the same as H-1B except no petition is required by the employee. |
| H-2A: Agricultural Employee (Temporary) | For seasonal or temporary or agricultural work. For citizens of specified countries, with some exceptions (if in the interest of the United States). |
| H-2B: Non-agricultural Employee (Temporary) | For seasonal or temporary or non-agricultural work. For citizens of specified countries, with some exceptions (if in the interest of the United States). |
| H-3: Trainee / Special Education Guest | Non-graduate training is not available in the home country. Or educational training programs for children with physical, mental, or emotional issues. |
| L: Intracompany Transfer | To work for the current or associated company in an executive, managerial, or a position with specialized knowledge. Must have worked for the employer for at least 12 months. Will need to complete Form I-129S. |
| O: Individuals with Extraordinary Achievement or Ability | For people involved in Athletics, Arts, Business, Education, or Science. Or those with extraordinary achievements in television or motion pictures. Also applies to people providing support to people in these categories. |
| P-1: Members of Entertainment Groups, and Individuals or Team Athletes | To take part in entertainment performances or to compete as an athlete. Need to be internationally recognized. Also applies to people providing support to people in these categories. |
| P-2: Entertainer or Artist (Individuals or part of a Group) | Performing in a reciprocal arrangement between organizations in the USA and another country. Also applies to people providing support to people in these categories. |
| P-3: Entertainer or Artist (Individuals or part of a Group) | To coach, teach, or perform in a culturally unique program or a traditional folk, ethnic, cultural, theatrical, artistic, or musical performance. Also applies to people providing support to people in these categories. |
| Q-1: Participating in a program that has an International Cultural Exchange value | Practical training and employment and sharing knowledge of culture, history, and traditions of the person’s home country. |
Applying For The Temporary Visa
Application is only possible after USCIS accepts the petition for the Nonimmigrant Worker visa. USCIS will inform the employer of the outcome. The applicant will then need to complete the Form DS-160: it must be completed online, printed off, and taken to the visa interview. There is also a requirement to upload a photo while completing the form.
The U.S. Department Of State website provides advice on completing the form.
After completing the application, schedule an appointment for an interview with the U.S. Embassy or Consulate in your home country. The local embassy can be located through this link
Documentation And Fees
There is a fee of $205, which must be paid when scheduling the appointment. Additionally, the following documents need to be taken to the interview:
- • Passport
- • Photo (if it was not uploaded when completing Form DS-160)
- • The completed Form DS-160
- • Application fee receipt (given when completing Form DS-160 online)
- • Approved petition receipt number from Form I-129
- • L Visa Applicants will also need to bring in the completed Form I-129S
Managing Your Visa Stay: Duration, Extensions, and Status Changes
Though temporary visas are designed for the short term in mind, they are valid for 3 months to 10 years, depending on the visa. H1 visas are for the longer term, while H2 is aimed for a shorter duration.
Anyone with a lawful, valid temporary visa can extend their stay or change the status of the visa to a permanent visa (see below). Approval must be obtained from the USCIS, and the application may require the employer's support.
Changing to a permanent visa will enable the applicant to stay in the country longer and potentially gain US citizenship in the future.
Permanent Visa
People with the required education, skill levels, and work experience can qualify for a permanent worker visa. Any successful applicant can also bring their spouse and family to the USA.
There are 140k permanent visas available annually and with 5 different levels of preference. Those at the higher end of the scale are more likely to obtain visas when there is a high demand. The preferences are based on factors such as the profession or skill, whether the applicant has an employment offer (i.e., the employer will act as the sponsor), and if the employer is willing to submit an immigration petition to the USCIS (I-130 for the employee and I-140 for family members) and obtain a labor certification. A labor certification is used to verify insufficient qualified staff in the USA for the position and that hiring foreign staff will not reduce the working conditions and wages of U.S. citizens in a similar role.
The Permanent Visa Order Of Preference
The table below outlines how the preferential system works for a permanent visa.
| Preference | Description | Is Labour Certification Required? |
|---|---|---|
| 1st Preference | For outstanding researchers or professors; multinational managers and executives; people with outstanding ability in arts, athletics, business, education, and sciences | No |
| 2nd Preference | people with outstanding ability in arts, athletics, business, education, and sciences; professionals with advanced degrees | Yes unless a national interest waiver is obtained. |
| 3rd Preference | skilled workers, professionals, and other workers. | Yes |
| 4th Preference | Employees of US foreign services, and religious workers. | No |
| 5th Preference | Business investors who invest $1.8 million ($900k in some areas) in new businesses that will provide 10 full time jobs for US workers. | No |
The Application Process
If the USCIS agrees with the petition, the case is handed over to the National Visa Center (NVC). The NVC will get the applicant to complete Form DS-261 and pay the required fees (see below). Afterward, the appropriate documents need to be submitted together with the results of a medical examination. It is followed by an interview in the U.S. Embassy or Consulate in the person’s home country.
Until June 2023, all foreign nationals were required to receive a Covid vaccination to enter the USA. This mandate has now been lifted and is no longer in place.
What Documents And Fees Are Required?
The fees vary and depend on whether the processing is only for the applicant or if there are any family members involved. There is a need for government-approved medical testing to take place, which will add to the costs. The following documents need to be submitted:
- • Passport
- • 2 Passport photos
- • Medical examination results
- • Civil documents such as birth certificates, wedding certificates, etc.
- • Financial statements (to show financial stability and that the applicant will not require assistance from the U.S. government).
Starting A New Chapter
The USA has an extremely strict entry criteria for anyone wishing to move to the country for work purposes. But for those with the skills, qualifications, and financial means, entering the United States for work is relatively easy. If you are moving to the USA, whether temporarily or permanently, we wish you the best of luck.