The United States is a popular destination for professionals from all over the world in search of better opportunities and growth, however, working legally in the country requires an adequate work visa, which can be a complex and time-consuming process.
In this article, we'll cover some of the US work visa categories, how they work and what are the steps to obtain them.
We'll also explore the differences between temporary (non-immigrant) and permanent work (immigrant) visas.
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What are the US work visa categories?
There are several categories of US work visas, also known as nonimmigrant visas, that allow foreigners to temporarily work in the country.
US work visas are categorized with letters to represent different types of work permits and purposes.
For example, group H visas are for temporary workers and trainees in various occupations and sectors, while L visas are for intra-company transfers and type O visas are for individuals with extraordinary abilities in the sciences, arts, education, business or athletics.
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How do I get a visa to work in the US?
To get a US work visa, you must follow these steps:
- Identify the appropriate visa type: determine which work visa category best applies to your situation and purpose of work in the United States;
- Find a sponsoring employer: the vast majority of work visas in the USA require that the person has an employer willing to sponsor their arrival in the country. In other words, although it is not impossible to get a visa without being employed, it is ideal to be hired by a company in the US before starting the visa application process;
- Employer's petition: the company hiring you in the US needs to fill out the form I-129, also known as an Immigrant Petition for Alien Workers, and submit it to the United States Citizenship and Immigration Service (USCIS) along with documents and service fees. If the petition is approved, you will receive an approval notification (Form I-797) that allows you to formally apply for the visa;
- Complete the DS-160 form: after completing the form, you must print the confirmation page, as you will need it during the interview at the consulate;
- Pay the visa application fee: it varies depending on the type of visa. Keep the payment receipt, as you will need to present this document on the day of the interview;
- Schedule your interview: make an appointment at a US consulate or embassy. Brazil has consulates and embassies in São Paulo, Rio de Janeiro, Recife, Porto Alegre, Brasília and Belo Horizonte. Bring all necessary documents to the interview, including DS-160 confirmation page, visa fee payment receipt, Form I-797 approval notification, valid passport, photographs, and any other required documents;
- Do the interview: during the interview, a consular officer will assess your application and determine whether or not you are eligible to receive a visa.
If your application is approved, you will receive the visa in your passport and you can start planning your trip and work in the USA.
But remember: visa approval does not guarantee entry into the United States, as the final decision will be made by the Customs and Border Protection (CBP) officer upon your arrival in the country.
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Temporary US Work Visa (Nonimmigrant) vs Permanent US Work Visa (Immigrant): What's the Difference?
At D4U Immigration, we understand that it is essential to know the differences between temporary work visas (non-immigrant) and permanent work visas (immigrant).
Below are the main differences between these two types of visas:
US Temporary Work Visas: Nonimmigrant
Temporary work visas allow you to work in the US for a specific, limited period of time, usually related to the length of your employment contract or the project you are involved in.
When applying for a non-immigrant work visa, you must demonstrate that you have strong ties to your home country and that you do not intend to permanently immigrate to the US. In addition to the visa, it is essential to have a international travel insurance.
This type of temporary work visa can be extended in some cases, but generally has a maximum length of stay in the US.
U.S. Permanent Work Visas: Immigrant
The permanent work visa, also known as green card, allows you to live and work in the United States indefinitely. Also, know How to validate diploma in the USA.
Unlike temporary visas, permanent work visas do not have a specific expiry date and do not require you to renew regularly.
Green Card holders have access to additional benefits, such as the ability to sponsor family members to obtain permanent residency and eligibility for US citizenship after a period of continuous residency.
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Types of US Work Visas
As we have seen, US visas are divided into categories grouped by letters. See below all types of work visas in the USA according to each category:
H visas
There are five types of classification of H visas:
- H-1B: for skilled professionals in specialized fields such as IT, engineering and science;
- H-1B1: specific for citizens of Singapore and Chile working in specialized fields;
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L visa
L visas can be divided into two categories:
- L-1A: for executives and managers transferring within an international company;
- L-1B: for workers with specialized knowledge being transferred within an international company.
Visas The
O visas, on the other hand, are divided as follows:
- O-1A: for individuals with extraordinary ability in the sciences, arts, education, business, or athletics;
- O-1B: for individuals with extraordinary abilities in the arts or extraordinary achievements in the film or television industry;
- O-2: for assistants accompanying O-1 visa holders;
- O-3: for spouses and dependent children of O-1 and O-2 visa holders.
TN visas
Finally, the TN visa is a specific type for Canadian and Mexican citizens working in specific professional fields under the North American Free Trade Agreement (NAFTA).
It is especially attractive to qualified professionals, as it typically has a faster and less bureaucratic application process compared to other work visas, such as the H-1B.
In addition to these opportunities, there is also the EB-2 NIW category for qualified professionals to immigrate abroad. Find out what to do to get the EB-2 NIW request denied.
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Conclusion
Obtaining a US work visa is a multi-step process that requires careful planning.
In this context, knowing the different categories of visas and the specific requirements for each one is essential to choose the visa that best suits your situation and purpose of work.
D4U Immigration is a visa advisory company with a team of lawyers specialized in various types of visas, including family-based visas, extraordinary abilities (EB-1), exceptional abilities (EB-2), EB2-NIW, EB3, EB5, fiance visa (K1), K3 and E2, in addition to work visas H1B, L1, TN.
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