There are two ways through which you can go to the US for employment purposes:
- As a temporary employee with a nonimmigrant work visa.
- As a permanent employee with employment sponsored immigrant visas.
Types of Temporary US Work Visas
Here are the types of US work visas depending on the purpose and the kind of work that you want to do:
| Visa Type | Purpose | Description |
|---|---|---|
| H1B Visa | Person in Specialty Occupation | Requires a higher education degree or its equivalent; includes fashion models and specific government projects. |
| H-1B1 Visa | FTA Professional – Chile, Singapore | Requires a post-secondary degree of at least four years. Not a petition-based visa. |
| H-2A Visa | Temporary Agricultural Worker | Limited to citizens of designated countries. |
| H-2B Visa | Temporary Non-agricultural Worker | Limited to citizens of designated countries. |
| H-3 Visa | Trainee or Special Education Visitor | For training unavailable in the home country; includes special education training programs. |
| I Visa | Representatives of Foreign Media | Allows journalists and media sector workers to complete work in the US. |
| L1 Visa | Intracompany Transferee | To work at a branch, parent, or affiliate in a managerial/specialized capacity; requires one year of prior employment. |
| P-1 Visa | Individual/Team Athlete or Entertainment Group | For performance in athletic competitions or as a member of entertainment groups with sustained recognition. |
| R-1 Visa | Temporary Nonimmigrant Religious Workers | For ministers and individuals tied to religious work in a US organization. |
| TN Visa | NAFTA Workers | Allows Canadian professionals, including lawyers, scientists, and teachers, to work temporarily in the US. |
| O1 Visa | Persons with Extraordinary Abilities | For individuals with expertise and international recognition in science, business, education, athletics, or art. |
Temporary Work Visa Requirements
These preconditions are as follows:
- Have a job offer in the US. You need to have applied for, and been accepted in a job position within the US in order to qualify for a work visa. That is because the US requires several documents from your employer before you start your visa application.
- Approved petition by the US Citizenship and Immigration Services (USCIS). Bbefore you apply for a US work visa, your employer must file a Petition for a Nonimmigrant Worker with USCIS. This petition, otherwise known as a I-129 form is the most important document for you to get your work visa.
- Labor certification approval by the Department of Labor (DOL). Some of the work visas, more specifically the H-1B, H-1B1, H-2A, and H-2B also require your employer to have a certification from DOL. Your employer should apply for the DOL on your behalf before even filing the petition with USCIS.
Benefits of US Temporary Work Visas
- Protection from exploitation. Temporary Workers in the US are protected from violations and exploitation, and can exercise these rights without being penalized.
- Extension of stay. If the inspectors of Homeland Security and other departments allow you entry into the US, you also have the right to apply to extend your stay.
- Bringing family members. You also have the right to apply for a visa for your spouse or children in the same visa category that you have:
- For H visa holders, your spouse and children should apply for an H-4 visa
- If you hold an L visa, your dependents should apply for an L-2 visa,
- For O visas, spouse and children should apply for an O-3 visa,
- P visa holder’s spouse and children should apply for a P-4 visa, and
- Those who hold a Q visa, spouse and children should apply for a Q-3 visa
Frequently Asked Questions
What is a Labor Conditions Application?
A Labor Conditions Application (LCA) or Certification is issued by the US Department of Labor to a company which is planning to hire a foreign worker. The LCA gives the right to the company to hire employees who are not US citizens or Legal Permanent Residents (LPR) and sponsor them for visas.
The LCA declares that the company needs to hire a foreign worker because a US worker was not available, qualified, or willing to work in that job position. It also states that the foreign worker’s salary will be on par with that of a US worker and that the foreign worker will not face discrimination or a bad work environment.
What is an Employment Petition?
An employment petition is submitted by a US company that wants to sponsor a foreign worker for an employment visa. The petition is submitted to USCIS for processing and includes details of the job position, salary, and the qualifications of the foreign worker.
When a US employer submits an employment petition, they must also pay the fees for processing and sponsoring the employee. They must also attach supporting documents which prove that the company can afford to hire a foreign worker, that they have paid all taxes, and obtained a Labor Certification Application (LCA) from the Department of Labor.