How to Work in the United States: Quick Guide for Migrants

 ᛫ 11/09/2023

If you want to work in the United States, you'll need to obtain a work visa. There are several types of work visas available, and the type you'll need will depend on the purpose of your trip and your nationality. To get a work visa, you'll generally need a valid job offer from a U.S. employer. Your employer will also need to file a petition on your behalf with the United States Citizenship and Immigration Services (USCIS).

Once your USCIS petition is approved, you can apply for a work visa at your local U.S. embassy or consulate. If your application is approved, you'll receive a non-immigrant visa with a specified validity period. Once you're in the U.S. with your work visa, you'll need to obtain a work permit called an Employment Authorization Document (EAD). This authorization allows you to legally work in the U.S. for the duration of your visa.

To get an EAD, you'll generally need to apply to the USCIS. If you already have a valid work visa, you can apply for the EAD along with your visa application. If you don't have a valid work visa, you can apply for an EAD after entering the U.S. on a tourist or business visitor visa. Once you have your EAD, you'll be ready to start working in the U.S.

Remember that your work visa and EAD only allow you to work for the specific employer indicated in your application. If you want to change jobs, you'll need to submit a new work visa application and obtain a new EAD.

What Work Visas Are Available for Working in the United States? There are several types of work visas available for those who want to work in the United States. The type of visa you'll need depends on the purpose of your trip and your nationality. Here are some of the most common types of work visas:

H-1B Visa: This visa is available to foreign professionals with a university degree or equivalent who have a valid job offer from a U.S. employer. The H-1B visa is valid for three years and can be renewed once.

H-2A Visa: This visa is granted to temporary or seasonal agricultural workers with a valid job offer from a U.S. employer. The H-2A visa is valid for one year and can be renewed.

H-2B Visa: Unlike the H-2A visa, this visa is granted to temporary or seasonal non-agricultural workers with a valid job offer from a U.S. employer. The H-2B visa is valid for one year and can be renewed.

L-1 Visa: This visa is available to multinational company employees who need to travel to the U.S. for strictly work-related purposes. The L-1 visa has an initial validity of one year and can be renewed for additional periods of two or four years.

O-1 Visa: Also known as the "extraordinary talent visa," this visa is granted to foreigners with notable skills or achievements in fields such as science, art, education, business, and more. The O-1 visa has an initial validity of one year and can be renewed for additional periods of one year.

TN Visa: Exclusively available for citizens of Mexico and Canada, the TN visa is similar to the H-1B visa and is granted to qualified professionals with a valid job offer from a U.S. employer. The TN visa has an initial validity of four years and can be renewed indefinitely.

How to Apply for a Work Visa for the United States? Applying for a work visa for the United States involves meeting certain requirements and going through a multi-stage process. First, make sure you meet the requirements for the visa you're applying for. Each visa has its own minimum requirements, but generally, you'll need a valid job offer from a U.S. employer and the intention to travel to the U.S. for work purposes.

Once you've confirmed that you meet the requirements for the visa, you can begin the application process. The application process varies depending on the type of visa, but it generally involves submitting an online application, paying the applicable fee, and providing additional documentation. Additional documentation may include your passport, recent photographs, evidence of education and work experience, and a detailed travel itinerary.

When you've completed all the requirements to apply for your work visa, you'll be scheduled for an interview at the nearest U.S. embassy or consulate. During the interview, an immigration officer will ask you questions about your application and your trip to the U.S. If you're granted the visa, it will be issued to you on the spot or sent to you via email or postal mail.

What Are the Requirements to Obtain a Work Visa for the United States? The requirements to obtain a work visa for the United States vary depending on the type of visa. Here are some of the most common requirements:

A valid job offer from a U.S. employer: All work visas require you to have a valid job offer from a U.S. employer. The offer should specify the position you'll hold, your salary, and the duration of the contract.

Intent to travel to the U.S. for work purposes: In addition to a valid job offer, you'll need to demonstrate that your trip to the U.S. is solely for work purposes.

Education and professional experience: Some visas require you to meet certain minimum educational or work experience requirements. For example, the H-1B visa requires a university degree or equivalent, and the O-1 visa requires notable skills or achievements in your field.

Financial proof: You might also need to provide evidence that you have the means to support yourself and your family during your stay in the U.S.

Valid passport: You'll also need a valid passport from your home country. The passport should have a minimum validity of six months from the date you plan to travel to the U.S.

Additional documentation: You might need to provide additional documentation such as recent photographs, evidence of education and work experience, and a detailed travel itinerary.

How Long Can You Stay in the United States with a Work Visa? The duration of your stay in the U.S. with a work visa depends on the type of visa you have. H-1B, L-1, and O-1 visas are valid for an initial period of three years, while the TN visa is valid for an initial period of one year. H-2A and H-2B visas are valid for the time specified in your work contract, which generally won't exceed one year.

Can You Renew Your Work Visa for the United States? Yes, most work visas can be renewed as long as you still meet the visa requirements and have a valid job offer. To renew your visa, you'll generally need to submit a new application and pay the applicable fee. If your visa is approaching its expiration date, you might need to start the renewal process well in advance to ensure you're granted the new visa before the current one expires.

There's no limit to the number of times you can renew your work visa for the United States as long as you continue to meet the visa requirements.

Can You Obtain a Green Card Through Your Work Visa? Yes, it's possible to obtain a permanent work permit (green card) through your work visa. However, not all types of work visas lead to a green card. H-1B, L-1, and O-1 visas are some of the most common work visas that can lead to a green card.

Can You Bring Your Family if You're Going to the United States on a Work Visa? Yes, you might be able to bring your family with you if you travel to the U.S. on a work visa. Your spouse and children under 21 years old can apply for non-immigrant visas to accompany or join you while you're in the U.S. However, the number of visas available for family members depends on the type of work visa you have.

For example, the H-1B visa only allows individuals traveling with an H-1B visa holder to bring their spouse and children under 21 years old. Family members of TN and O-1 visa holders cannot obtain visas to accompany or join them.

How to Process Your Work Visa for the United States? The process for processing your work visa for the United States depends on the type of visa you're applying for. Some visas, like the H-1B visa, require an initial petition to be filed with the United States Citizenship and Immigration Services (USCIS). If your petition is approved, USCIS will issue a document called the Temporary Employment Authorization (EAD), which allows you to apply for a non-immigrant H-1B visa.

Other types of work visas, like L-1 and O-1 visas, do not require an initial petition to be filed with USCIS. Instead, you can directly apply for a non-immigrant L-1 or O-1 visa through the U.S. embassy or consulate in your home country.

Documents to Submit When Applying for a Work Visa for the United States The documents you need to submit when applying for a work visa will depend, as we've mentioned, on the type of visa you're applying for and your country of origin. However, some of the common documents required for all types of work visas include:

Passport with a minimum validity of six months - Form DS-160, non-immigrant visa application -Receipt for visa application fee -Documents proving you qualify for the visa type you're applying for, such as a job contract or a sponsor letter. You might also need to submit other documents, such as photographs and evidence of family relationships, as required by your application.

Los Estados Unidos ofrecen una variedad de visas de trabajo que te permiten trabajar en el país de manera temporal o permanente. Si deseas trabajar en los Estados Unidos, asegúrate de solicitar la visa de trabajo adecuada para tu situación. Algunas de las visas de trabajo más comunes incluyen la visa H-1B, la visa L-1 y la visa O-1. Cada una de estas visas tiene sus propios requisitos y procesos de solicitud, por lo que es importante familiarizarte con ellos antes de solicitar una visa. Una vez que hayas obtenido la visa de trabajo adecuada, puedes seguir los pasos necesarios para solicitar un permiso de trabajo y comenzar a trabajar legalmente en los Estados Unidos. Recuerda que si deseas quedarte y trabajar en los Estados Unidos de manera permanente, deberás solicitar una Tarjeta Verde (Green Card). Ten en cuenta que esta guía proporciona información general y no debe considerarse asesoramiento legal. Siempre se recomienda consultar a un abogado de inmigración o a las autoridades pertinentes para obtener orientación específica basada en tus circunstancias únicas.