This is a guide to worker visas in the United States. Temporary Workers, HB1 Visas
All foreign nationals must first get a visa in order to work lawfully in the United States. There are numerous sorts of worker visas issued by the government, each with its own set of conditions. This is a guide on U.S. worker visas that will help you understand the many forms of U.S. work visas.
Table of Contents
What sort of employee are you?
A temporary worker is a non-immigrant who intends to work in the United States for a particular purpose and for a limited time. Once allowed to the United States, these employees are limited to the activity for which their visa was granted.
A permanent worker is an immigrant who is entitled to work and remain in the United States indefinitely. If you are an employer that is unsure how to recruit a foreign worker, see the United States Citizenship and Immigration Services (“USCIS”).
Temporary Employees
Most temporary employees must first have their potential employer submit a nonimmigrant petition with US Citizenship and Immigration Services on their behalf. The filing fee for Form I-129 is $325 and it may be filed by mail or online.
Unless he or she qualifies for entry under the Visa Waiver Program, a temporary traveller for business needs a B-1 visa. A B-1 visa is for those who are visiting the United States for business purposes, such as meeting with business colleagues or attending a business conference.
Permanent Employees
Every year, the United States offers 140,000 immigrant visas to individuals who want to immigrate based on their professional capabilities and become a permanent U.S. resident, also known as a “Green Card.” These visas are granted in the order in which the applications were submitted, until the numerical maximum for each category is reached. This sort of visa requires specified skill sets and is granted on a preference scale as shown below. There are five categories, but below are the first three (and most common):
EB-1: “For individuals with exceptional aptitude in the sciences, arts, education, business, or sports; remarkable professors or researchers; and multinational executives and managers.” Certain sorts of proof must be presented in order to be qualified to apply for this type of visa. The USCIS website has further information on the EB-1 visa.
EB-2: “For members of their professions who possess advanced degrees, or for those with remarkable talent in the arts, sciences, or business.” This visa also requires the submission of specific forms of proof, which are detailed on the USCIS website.
“For professionals, skilled workers, and other workers.” EB-3: “For professionals, skilled workers, and other employees.” The proof for this sort of visa isn’t as extensive as the previous one, yet there is a significant backlog. The USCIS website has further information on the EB-3 visa.
Workers seeking an EB-2 or EB-3 visa must additionally receive labour certification clearance from the United States Department of Labor.
This requires an employment offer from a U.S. company who will act as a sponsor. The labour certification certifies that there are insufficient available, qualified, and willing U.S. workers to fill the position offered to you at the prevailing wage, and that hiring a foreign worker will not have an adverse effect on the wages and working conditions of similarly employed U.S. workers.
More information regarding international labour certification may be obtained on the website of the United States Department of Labor. Once it is obtained, the employer must file a Form I-140, also known as an Immigrant Petition for Alien Worker, with the United States Citizen and Immigration Services, indicating the appropriate visa type. The filing cost is $580, and it may be submitted by mail or online. More information about visas for permanent employees may be obtained on the website of the United States Citizenship and Immigration Services.
Visa Application Forms
After USCIS accepts the petition, it is received by the National Visa Center (NVC) and assigned a case number. The filing date of a petition becomes the applicant’s “priority date,” and visas cannot be given until that date is met. For certain categories, this might take years.
Once the priority date matches the most recent “qualifying date” (a date set by the government when the visa procedure may begin), the NVC will send the applicant the Choice of Address and Agent form, if an attorney or agent will be utilised (unless you already have an attorney, and in that case the NVC will not send you this form.). The NVC will next contact the applicant to seek costs, and if those fees are paid, the NVC will request the appropriate immigrant visa paperwork, which include the application, civil documents, and others. Costs may vary, and current fees can be obtained on the US Department of State’s website.
A passport valid for 60 days beyond the expiry date written on the immigrant visa, two 2×2″ pictures, an affidavit of financial support, and completed medical examination forms are required in addition to the petition, civil papers, application, and costs. A birth certificate, court and jail records, marriage certificates, military records, and other “civil papers” are examples of “civil documents.”
The NVC will eventually arrange a visa interview, which an applicant should prepare for by examining the material, preparing for a medical exam, compiling all original papers, acquiring pictures, and so on. More information about the immigrant visa interview procedure may be found on the website of the United States Department of State.