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How to Get a Working Visa in the United States

Working Visa in the United States

If you are a foreign national looking to work in the United States, the process can seem daunting. There are many different steps and requirements, and it can be difficult to know where to start. This blog post will provide an overview of the process for obtaining a working visa in the United States, as well as some tips on how to make it go as smoothly as possible. So, whether you are a recent college graduate looking for your first job in the U.S., or you are already working here but need a new visa, read on for information on how to make your dream of working in America a reality.

What Is a Working Visa?

A working visa refers to a visa for international workers with a professional qualification, typically in, but not limited to, the fields of engineering, technology, and design. Working visas are granted on a case-by-case basis and require an invitation from the embassy offering them.

Working Visa Rules

working visa in the united states

Visa rules differ by country but there are common criteria such as a travel history without issues and proof of financial stability. There can also be restrictions such as not accepting someone if they have been sponsored by another country before or if they hold citizenship in more than two countries already, like New Zealand citizen by descent who may not apply for Australian working visas despite being born in Australia.

In order to get a working visa, you usually need special skills or qualifications that are not available from those already living in your host country.

Other reasons for obtaining a working visa may be if an employee is transferred to another country, where the work location of the transferring company changes – this could include skilled or unskilled workers – or because their residence permits have expired, and they would otherwise risk being unable to work legally again.

Normally, visas can only be granted if there are not enough people from one’s own nationality with the necessary skills who are able to amount qualify for such jobs. In these countries, it might take years to get a visa.

How to Get a Working Visa in the United States?

  • You’ll need a job offer in the United States: To be eligible for a work visa, you must first have applied for and been accepted into a job position in the United States. That’s because before you start your visa application, the United States demands a variety of paperwork from your employer.
  • You’ll need an approved petition from the U.S Citizenship and Immigration Services (USCIS): The most crucial document for you to acquire your work visa is the I-129 form, also known as an I-129 petition. You can begin the application process after USCIS approves your employer’s petition. However, if your petition is approved, this does not always mean you will be granted a work visa. Even if your USCIS petition is accepted, you might be turned down for the work visa for reasons that are within the discretion of the Embassy.
  • Also, your labor certification needs to be approved by the Department of Labor (DOL): The Department of Labor requires certain foreign workers on some types of work visas, such as the H-1B, H-1B1, H-2A, and H-2B, to obtain a DOL approval. Before you file the petition with USCIS, your employer should request documentation of authorization from the Department of Labor on your behalf. The United States government requires this certification as proof that American businesses require foreign employees. They must show that they will not be able to fill these employment slots with U.S citizens. Furthermore, in order to guarantee that temporary foreign workers do not have a detrimental impact on job prospects for U.S citizens, the accreditation is required.
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