The United States provides tremendous chances to international nationals looking for fresh career options. There is a large selection of US work visa classifications to consider, and selecting the most suited will be your first step to acquiring the relevant authority to live and work lawfully in the USA.
If you want to work in the US temporarily, you will need to apply for a nonimmigrant work visa. Under the Visa Waiver Program (VWP), it is not legal to work on a visiting visa or with ESTA authorization.
US visa applications take time to assemble and submit, so even if you have a lead time of months, it can benefit you to start thinking early about the route that best suits your requirements and what you will need to do and prove when making your application.
In this comprehensive post, we will look into the numerous types of work visas available in the USA, each targeted to distinct abilities and career scenarios.
What to Know About US work visa sponsorship
A visa is a travel document a government provides to a visitor, allowing them to enter and remain in the country for a specific time and a particular reason, such as tourism, journalism, study, or employment.
Things get more tricky when it comes to employment permits. These visa forms allow visitors to work for a US employer while they’re in the nation, usually temporarily but sometimes permanently. There are several forms of work visas, most of which demand a job offer and employer sponsorship before you arrive in the country.
Work visas form a substantial share of the roughly 200 different categories of visas in the US. Generally speaking, they allow a foreign citizen to enter and work permanently or for a certain amount of time in the United States. They can be printed documents, passport stamps, stickers, or electronic records.
A work visa is separate from a work permit, a legal document endorsing somebody who’s already in the US to work without restriction. A work permit does not allow a person permission to enter the US, although a work visa does.
What is a sponsorship letter?
A sponsorship letter is a document from a US employer that outlines the terms of your job offer and the sponsorship arrangement. It’s an important part of the work visa application process, and it’s one of the first things the USCIS will ask for when they receive your petition.
How can I Get a Sponsorship for a US Work Visa?
Before applying for a US work visa, you must have a job offer from a specific US firm. The company will next sponsor your visa by filing a petition with the US Citizenship and Immigration Services (USCIS). This sort of work visa is part of a bigger category of visas called petition-based visas.
If the petition is authorized, you can apply for a work visa at your country’s US consulate or embassy. The requirements for a work visa vary based on the visa type you’re seeking. However, most work visa applicants must meet the following fundamental requirements:
- You must have an employment offer from a US employer
- Your job must be in a field that is included on the list of qualifying vocations for work visas
- You must have the relevant education and work experience for the job
- You must be able to verify that you will return to your home country after your work visa expires
Types of US nonimmigrant work visas that need employment sponsorship
Nonimmigrant work visas are designed for those who intend to work in the US temporarily before returning home.
Unlike a basic, 90-day B-1 business visa, which permits business visitors to enter the nation for contract negotiations, meetings, conferences, and conventions, a nonimmigrant work visa can remain valid for several years. They normally require sponsorship from a US employer and must be renewed if the worker desires to continue working in the US.
Here’s an overview of some basic nonimmigrant and petition-based work visa categories. A detailed list is available at travel.state.gov.
- H-1B
The most prevalent US work visa is the H-1B. This visa permits organizations to hire highly talented foreign workers in speciality disciplines, such as architecture, science, medicine, engineering, and information technology. The number of applications is regulated yearly, and workers must hold at least a bachelor’s degree (or equivalent) in their chosen area.
A typical H-1B visa permits a worker to work in the US for three years, extendable to a maximum of six. Workers don’t have to stay with the firm that first sponsored them, meaning they can switch employment after entering the US so long as their new employer can sponsor another H-1B visa.
- L-1
Also called an Intra-Company Transfer Visa, this visa temporarily transfers employees to a US branch or subsidiary of their present employer. The employee must be an executive or manager with specialist knowledge and have been employed by the company abroad for at least one year. An L-1 visa is often used when companies with a satellite office expand into the United States.
- O-1
This visa is for people with extraordinary ability in their field, such as artists, athletes, movie stars, and television personalities. To meet this standard, applicants must demonstrate what makes them “extraordinary”—they might have authored a series of scholarly articles in major scientific journals, starred in a box-office hit, or won an Olympic medal. Regardless of how internationally acclaimed the individual is, O-1 visa holders still require employment sponsorship to enter the US.
Types of US immigrant work visas that necessitate employment sponsorship
Immigrant work visas are designed for people who intend to permanently live and work in the United States. These work visas are almost always issued before the holder receives their green card, meaning they become Lawful Permanent Residents of the United States.
Moving to the US on an employment-based immigrant visa is complex and can take a long time. Applicants need a job offer to be considered eligible, after which their US employer must go through a rigorous set of sponsorship steps before the application process can even begin.
Immigrant work visas are divided into five categories, with the highest preference given to priority workers:
- Priority workers
- Professionals holding advanced degrees and persons of exceptional ability
- Professionals and other workers
- Certain special immigrants
- Employment creation/investors
How much does US work visa sponsorship cost?
Getting a US work visa can be expensive, and the cost varies depending on the type of work visa required, the size of the company, and the number of the company’s existing employees on a work visa. The sponsoring employer will cover most of these fees, but the employee may also have to pay a portion of them.
The most common fees for nonimmigrant work visa sponsorship are:
- Petition fee: $460
- Application fee: $190
- American Competitiveness and Workforce Improvement Act charges $750 to $1,500
- Fraud Prevention and Detection fee: $500
- Added fee for companies with more than 50 employees, where half are foreign nationals: $4,000
- The entire US work visa filing fee list can be seen on the official USCIS website.
General Eligibility Criteria for Working in U.S
The following criteria apply to temporary US work visas:
- Offer of Employment: Applicants must have a valid job offer from a US employer to qualify for a work visa.
- Employer Sponsorship: Most work visas require sponsorship by the US employer who files a petition with the US Citizenship and Immigration Services (USCIS) on behalf of the applicant.
- Nonimmigrant Intent: Applicants must demonstrate that they intend to leave the US upon the expiration or termination of the visa (except for visas that allow dual intent, such as the H-1B).
- Educational and Professional Qualifications: Applicants must possess the qualifications relevant to the job offer, including educational degrees and professional experiences.
- Compliance with Labor Laws: Employers must comply with all applicable US labour laws, including wage regulations.
Admissibility Requirements for Working in U.S
In addition to evidencing your eligibility, you must prove that you are admissible under US immigration rules. This means that irrespective of your skills and expertise, you will not be permitted to enter the US if deemed inadmissible. This may be because of health, criminal activity, national security, lack of labor certification, fraud and misrepresentation or prior removals, among other categories.
Exceptions do, however, apply, and it may be possible to apply for a waiver of inadmissibility to overcome the grounds for entry refusal. Take advice on your circumstances to understand your options.
Specific Requirements for Each Type of Visa for Working in U.S
The following criteria apply to the specific visa category for the primary work visas. Applicants should ensure they meet both the general and particular requirements.
1. H-1B Visa
- Education: Must have a bachelor’s or higher degree from an accredited university or college relevant to the speciality occupation.
- Specialty Occupation: The job must qualify as a speciality occupation, generally requiring theoretical and practical application of highly specialized knowledge.
2. L-1 Visa
- Previous Employment: Must have been employed by the same employer abroad continuously for one year within the three years preceding the application.
- L-1A for Executives and Managers: Must be coming to the US to provide service in an executive or managerial capacity for the same employer or a subsidiary or affiliate.
- L-1B for Workers with Specialized Knowledge: Must possess knowledge of the company’s products, services, research, equipment, techniques, management, or other interests.
3. O-1 Visa
- Extraordinary Ability: Must demonstrate extraordinary ability by sustained national or international acclaim and be recognized in the field through extensive Documentation.
- Continued Work in the Area of Extraordinary Ability: Must enter the US to continue work in the area of expertise.
Work Visa Application Process
Applying for a US work visa from overseas involves several steps for both the applicant and the sponsoring employer.
The following is a guide to the general steps that will need to be followed,
Although the order of these steps and how you complete them may vary depending on the US Embassy or Consulate where you are applying. You should consult the instructions on the Embassy or Consulate website.
Some visa categories, such as the H1B visa, have additional procedural requirements. Take advice to ensure you are following the correct process for your application.
Step 1: Employer Submits a Petition
The US employer starts the process by petitioning the US Citizenship and Immigration Services (USCIS). Temporary work visas usually include Form I-129, Petition for a Nonimmigrant Worker.
For some US work visa categories, as with L-1 visas, rather than filing an individual petition for each overseas worker, your employer may be eligible to file what’s known as a blanket petition using Form I-129S.
Where a blanket petition has already been filed, this will eliminate the need to file an individual petition on your behalf. Instead, if you have proof of blanket approval from Forms I-129S and I-797, you can apply directly for a visa through consular processing.
The approval of a petition does not guarantee that you will be issued a visa.
Step 2: Labor Condition Application (LCA)
For certain visa categories like H-1B, the employer must file a Labor Condition Application with the Department of Labor (DOL).
The Labor Certificate Application requires the employer to attest, amongst other things, that it will comply with the following labor requirements:
- The employer will pay the beneficiary a wage which is no less than the wage paid to similarly qualified workers or, if greater, the prevailing wage for your position in the geographic area where you will be working.
- The employer will provide working conditions that will not adversely affect the working conditions of similarly employed US workers.
Your prospective employer should review the instructions for Form I-129 on the USCIS website to determine whether labor certification is required for you. Only once the DOL has obtained approval may your employer apply to USCIS.
Step 3: Petition Approval
USCIS reviews the petition. Once the petition is authorized, USCIS will issue your sponsor Form I-797, Notice of Action. Only once USCIS has approved can you apply for a visa at your local Embassy or Consulate.
Step 4: Visa Application at a US Embassy or Consulate
The next procedure is to submit your visa application online using Form DS-160, Online Nonimmigrant Visa Application, to the Department of State and pay the applicable non-refundable visa application cost. You will also need to schedule your visa interview.
Step 5: Visa Interview
You must take different documents to the interview, including your current passport, the application confirmation page and fee receipt, and the receipt number for your accepted petition.
The interviewing consular officer will determine your visa application based on the information in your online form and any supporting paperwork.
After your visa interview, the consular officer will advise whether further administrative processing is necessary or decide whether your application has been granted.
Step 6: Visa Issuance
If your visa is granted during your interview, it normally takes 5-7 working days to be updated and returned to you via courier.
Frequently Asked Questions
- Are there any caps or limits on work visas?
Some visas, like the H-1B, have annual numerical limits. The cap for the H-1B visa is set at 85,000 visas each fiscal year, which includes 65,000 visas under the regular cap and an additional 20,000 visas for applicants with a US master’s degree or higher.
- What are the fees associated with applying for a US work visa?
Fees vary by visa type and include application fees, issuance fees (based on reciprocity), and potentially a premium processing fee if you opt for faster processing of your petition.
- Can I go outside the US while on a work visa?
Yes, you can travel outside the US while on a work visa, but you must have a valid visa to return to the US. Check the visa stamp on your passport for validity dates. Additionally, some visas may require a re-entry permit or advance parole.
- How can I check the Status of my visa application?
You can check the Status of your visa application online with myUSCIS using the receipt number provided after your employer files the petition.
Do I need to be sponsored to work in the US?
Certain forms of US worker visas will require you to be sponsored by a qualifying employer, such as the H-1B and L-1 visas.