US Work Visa
To get a US work visa, key factors include having a job offer, being under 55, submitting complete documents, and approval from the case officer. Major US work visas are E-group, H-group (like H1B), L, O, P-group, and Q-1, each for specific jobs and groups. Processing time varies by case and current conditions. An immigration lawyer can guide applicants through every step for a successful US work visa application.
If you need further guidance regarding different types of US visas or working in the USA, you can benefit from the free consultation of the Malekpour Immigration Institute.
In the comments section, you can also ask your questions and get answers shortly.
Benefits of Obtaining a US Work Visa
- Job Opportunities in the United States
- Possibility to Bring Dependents
- Path to Permanent Residency
- Opportunities for Professional Development
Types of US Work Visas
The US work visa has various types. Some of the most important types of US work visas are listed below:
EB1, EB2, EB3 Visa
These visas are issued respectively to prominent and elite individuals in various fields, professionals with higher education, and skilled workers with lower levels of education and general occupations.
H-1B Visa
In this case, a higher education degree or equivalent is required. It also relates to research projects and joint production projects managed by the Department of Defense.
H1-B1 Visa
This type of visa is intended for working in a specific profession. It requires at least four years of schooling in a specialized field after high school.
H-2A Visa
This type of visa is intended for temporary or seasonal agricultural work in the USA. It is limited to citizens or nationals of designated countries.
H-2B Visa
This type of visa is designated for temporary or seasonal non-agricultural work in the USA. It is limited to citizens or nationals of designated countries.
H-3 Visa
This visa is for training received outside of medical or academic graduate studies, where there are no trainees available in the home country, or for educational programs for children with mental, physical, or emotional disabilities.
L Visa
Working in a branch, affiliated company, or subsidiary of the current employer with management or executive capacity or in a position requiring specialized knowledge.
Q1 Visa
For practical training and employment and for sharing the history, culture, and traditions of one’s own country by participating in an international cultural exchange program.
O Visa
For individuals with extraordinary abilities in sciences, arts, education, business, or athletics who have received national or international awards.
P1 Visa
For participating in specific sporting competitions as an athlete. Requires a recognized international level of activity.
P2 Visa
For individuals covered under a special program for mutual exchange between an organization in the USA and an organization in another country.
P3 Visa
For performing, teaching, or coaching under a program that is culturally unique or a traditional performance or artistic theater.
Requirements for Obtaining a US Work Visa
A visa is a document that provides permission to travel and enter a specific country. Before visiting, working in, or immigrating to the United States, a foreign citizen generally must first obtain a U.S. visa. A U.S. work visa determines the conditions under which a person must work in the country.
| Topic | Description | Topic | Description |
|---|---|---|---|
| Age Requirement | No age limit; applicants up to 55 years can apply | Requirements | Job offer, resume, and work experience needed |
| Interview | Interview is decisive | Language Level | Proficiency and familiarity with the language required |
Required Documents for the US Visa
The required documents for the US work visa for obtaining a work visa are among the issues that must be analyzed and interpreted. This topic is very important, as the process of your residency can face problems if one of these documents is missing.
- Valid passport
- Applicant photo
- Form I-129 receipt number
- Form DS-160 confirmation code
- Receipt of payment
- Documents proving return to country of origin
- Showing residence in country of origin
- Form I-129S if required
In addition to the required documents for the US work visa, which applies to everyone wishing to obtain a work visa in the United States, there may also be other documents that you need to prepare. For more information, contact the Malekpour Institute.
Labor Laws in the USA
Currently, labor laws in the USA are at a standard level. The labor law in the USA does not set a maximum working hour. However, many state statutes set daily break periods and also a one-day break period during the week.
| Topic | Description |
|---|---|
| Minimum Work Hours | Generally between 5 to 8 hours |
| Break Time | 10 minutes break per hour |
| Meal Break | One free meal break of at least 30 minutes |
| Weekly Rest Day | One day off within a 7-day period |
| Weekly Work Threshold | 40 hours per week |
| Leave and Holidays | Includes vacation, breaks, and holidays |
| Minimum Wage | $7.25 per hour |
| State Authority on Wages | States are free to raise the minimum wage |
State of the Job Market in the USA
One of the key factors to consider regarding immigration and the analysis of the necessary documents for the US work visa is the unemployment rate in the USA. The unemployment rate in the USA reached 14.4% in April 2020.
While the highest rate in the country’s history, compared to previous markets, is 16%. The Covid-19 epidemic crisis affected millions of jobs. The number of unemployed individuals in the USA rose from 15.9 million to 23.1 million. The labor force participation rate saw a drop of 2.5% within a month, reaching 60.2%, marking the lowest rate since January 1973.
Job Offer Letter for the USA
One of the required documents for the US work visa is a job offer. To obtain a US work visa, you must first find a job at a company that will support you. As long as an employer is not willing to provide a job offer in the USA as a foreigner, you cannot apply for a work visa.
Unfortunately, finding a job when you still have no right to work in the USA is a major challenge. For your information, out of every 16 companies in the USA, only 1 American company hires international individuals and supports them for a work visa. Of course, there are many exceptions to these matters. Here are 4 good suggestions for job searching in the USA:
- Look for jobs in the database of H1B visa sponsors.
- Find an internship.
- Look for local and global consulting firms.
- Look for jobs through universities.
The Malekpour Institute helps job seekers in the USA by securing job offers approved by the Department of Labor, proving the need for foreign workers. After labor approval, the US Immigration Department issues an entry permit. This process, taking 1-2 years, offers a high chance of a US work visa and immediate green card. Monthly income typically ranges from $1,500 to $2,000.
Costs of the US Work Visa
Even if you have a valid job offer from a reputable employer, you must have living expenses and ongoing costs during the process. The table below outlines a portion of the anticipated costs as considered by the Malekpour Institute.
| Visa Type | Visa Processing Fee (USD) |
|---|---|
| Application-Based | 190 |
| Non-Application-Based | 160 |
| Trader / Investor or Australian Skilled Professional | 205 |
| Spouse / Fiancé of a U.S. Citizen | 265 |
How to Apply for a Work Visa for the USA
To immigrate to the USA via a work visa, your employer must first obtain labor certification from the US Department of Labor. Then, they submit your work visa application to US Citizenship and Immigration Services (USCIS). Once approved, your case moves to the visa issuing authority. When your priority date is current, you’ll be notified to complete forms, pay fees, and submit required documents for your visa processing.
LCA Certification and Obtaining a Work Visa
To obtain a work visa for the USA (H-1B), the employer must first obtain a Labor Condition Application (LCA) from the US Department of Labor. This certification confirms that the job conditions, including salary and benefits, comply with labor standards in the USA and that hiring foreign labor will not negatively impact the US job market. After the LCA is approved, the employer can submit a work visa application for the applicant.
US Work Visa Interview
When the National Visa Center (NVC) confirms that the applicant’s case is complete and has all the necessary documents, it will schedule an appointment date for them. Subsequently, the NVC will send the case, including the work visa application and relevant documents, to the US Embassy or Consulate (https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/list-of-posts.html, where the applicant will be invited for a visa interview.
Applicants, their lawyers, and representatives receive interview schedules and medical exam instructions via email or letter. On interview day, applicants must bring a valid passport and any missing documents. A consular officer will assess visa eligibility, and digital fingerprints will be taken.
Services Provided by the Malekpour Institute for Obtaining a Work Visa
If a job position is found, a US lawyer can guide you through the process and assist you with matters such as scheduling an embassy appointment and transferring documents. The Malekpour Institute can connect you with a US lawyer who will be with you throughout the process. The institute can assist you with document collection, translation, and other tasks.
It is important to note that once you obtain a visa, you must continue working for the job found for you for several years. After working in the USA for three to five years, you can obtain a US passport, and your children can also benefit from free education.
Processing Time for the US Work Visa
The ongoing process for reviewing work immigration visa applications spans from when the application is filed until the annual quota of visas is filled during that period. The date of your immigration visa application is considered your priority date.
In some immigration visas where the number of applicants has increased, it may take several years. However, the overall processing time for a US work visa typically varies between 3 weeks to 4 months. The following factors will influence the speed of this process:
- Completeness of the applicant’s documents
- Case officer’s opinion regarding visa issuance
Obtaining a Work Visa through Job Placement Agencies in the USA
The conditions for finding a job in the USA can vary depending on the industry, location, and your level of experience. However, some general tips for job searching include:
- Creating a strong resume and cover letter
Ensure that your resume and cover letter clearly and concisely showcase your skills and experiences.
- Networking
Reach out to people in your industry or those who are aware of job opportunities. Attend events and join professional organizations.
- Using job search engines
You can find suitable job opportunities on popular job search websites in the USA like Indeed, LinkedIn, Monster, and Glassdoor.
- Applying directly to companies
Follow job opportunities through reputable websites or social media pages and apply directly for the desired job position.
- Using recruitment agencies
Recruitment agencies can help you find job opportunities that match your skills and experience. Some recruitment agencies in the USA include Robert Half, Adecco, and Kelly Services.
List of In-demand Jobs in the USA
Individuals planning to migrate to the USA through employment or for continuing studies in the USA should be aware of the jobs that are in high demand and needed in the USA. Most jobs related to healthcare and information technology are defined in the list of in-demand jobs in the USA.
| Home Nurse | Physiotherapy | Nurse |
|---|---|---|
| Software Engineer | Information Security Analyst | Occupational Therapist |
| Web Developer | Data Analyst | Operations Manager |
The Best and Highest-Paying Jobs in the USA
Here is a list of some of the highest-paying jobs in the USA based on data from the Bureau of Labor Statistics. Of course, it should be noted that this income amount is stated as an average, and individual salaries may vary based on experience and years of work history.
| Job Title | Average Annual Salary (USD) | Required Degree |
|---|---|---|
| Anesthesiologist | 407,000 | Doctorate or Professional Degree |
| Surgeon | 385,000 | Doctorate or Professional Degree |
| Psychiatrist | 220,000 | Doctorate or Professional Degree |
| Physician | 206,500 | Doctorate or Professional Degree |
| Pharmacist | 128,000 | Doctorate or Professional Degree |
| Nurse Anesthetist | 187,000 | Master’s Degree |
| Petroleum Engineer | 137,700 | Bachelor’s Degree |
| IT Manager | 151,000 | Bachelor’s Degree |
| Marketing Manager | 135,000 | Bachelor’s Degree |
Average Salary in the USA
Here is a table showing the average salary of some common professions in the United States based on BLS data. These figures are only averages and may not reflect specific salaries for individuals in these occupations. Additionally, some jobs may have a wide salary range depending on factors such as experience, location, and job title.
| Job Title | Average Annual Salary (USD) | Average Hourly Wage (USD) |
|---|---|---|
| Accountant and Auditor | 81,900 | 39.38 |
| Administrative Assistant | 40,990 | 19.70 |
| Construction Worker | 43,810 | 21.06 |
| Dental Hygienist | 77,090 | 37.06 |
| Financial Analyst | 87,240 | 41.95 |
| Human Resources Specialist | 67,290 | 32.35 |
| Marketing Manager | 149,200 | 71.76 |
| Software Developer | 116,080 | 55.82 |
Obtaining Dependents Through a US Work Visa
In most cases, applicants applying for a US work visa can also bring their spouse and children under 21 to the USA. These members must obtain an H-4 visa. Other family members such as children over 21, parents, or siblings are not eligible for this. It should be noted that the applicant’s spouse does not have the right to work in the USA unless they apply separately for a work permit.
It is important to closely cooperate with your employer and any immigration authorities to ensure that you meet all the necessary conditions for immigration to the USA. Failure to comply with immigration laws and regulations can result in serious consequences, including deportation and difficulties in obtaining future visas.
Permanent Residency Through a US Work Visa
To immigrate for work to the USA and obtain permanent residency (also known as a green card) through a work visa in the United States, several priorities exist:
- First Preference (EB-1) – Outstanding Employees with Exceptional Ability
The EB1 visa of the USA is one of the types of work visas in this country. Contrary to what many believe, this visa does not require a degree, and there is no age limit. Additionally, investing in the United States is not a requirement of this visa. Generally, individuals with extraordinary abilities, prominent researchers and professors in various research fields, executive managers, and leaders of multinational companies can apply for the EB1 visa.
- Second Preference (EB-2) – Individuals with Advanced Educational Qualifications or Exceptional Ability
The EB2 visa is one of the types of US work visas that allows individuals with special skills and talents to immigrate to the USA. Only specific groups with defined conditions may apply for the EB2 visa of the USA. Obtaining this visa can directly lead to acquiring a green card, but the applicant must actively work in the related job for two to three years.
- Third Preference (EB-3) – Skilled Workers, Professionals, and Other Workers
The EB3 visa of the USA is one of the types of work visas that allows individuals to acquire permanent residency and a US green card. Applicants may apply under one of three categories: skilled workers, professionals, and unskilled or other workers.
In general, granting permanent residency to these individuals depends on the opinion of the case officer. If there are reasons to deny the application for a green card, the applicant can seek a review and appeal the outcome.
EB3 visa holders receive permanent residency, which, if supported by the employer, can lead to obtaining a green card. Holders of the H-1B work visa may apply for a green card after 6 years of residing in the USA. The green card is issued for 10 years, and five years after obtaining a green card through employment, the applicant can request US citizenship.
Frequently Asked Questions regarding the US Work Visa
- What documents are required to apply for a US work visa?
These documents include: a valid passport, the applicant’s photo, receipt number, DS-160 form confirmation code, payment receipt, proof that you will return to your home country after finishing work in the USA, the residence you intend to return to, and form I-129S.
- Is it possible to obtain a job search visa in the USA?
No. To obtain a US work visa, you must have a job invitation from an American employer.
- What is the cost of applying for a US work visa?
Depending on the type of visa requested, the cost of applying for a US work visa ranges from $160 to $265.
Conclusion:
This article covers job immigration to the USA, work visa types, required documents, and application procedures. The US attracts many due to its global power and lifestyle. The Malekpour Institute advises having a valid job offer or actively job searching after studies, as there is no job search visa. For questions about US work visa documents, use the institute’s free consultation or ask in the comments for expert answers.
