The United States is a highly sought-after destination for professionals worldwide seeking better opportunities and growth. However, working legally in the country requires an appropriate work visa, which can be a complex and lengthy process.
In this article, we will discuss some of the categories of work visas in the USA, how they work, and the steps to obtain them.
We will also explore the differences between temporary (non-immigrant) work visas and permanent (immigrant) work visas.
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What are the Categories of Work Visas in the USA?
There are various categories of work visas in the USA, also known as non-immigrant visas, which allow foreigners to work temporarily in the country.
U.S. work visas are categorized with letters to represent different types of permissions and work purposes.
For example, the H group includes visas for temporary workers and trainees in various occupations and sectors, while L visas are for intra-company transfers and O visas are for individuals with extraordinary abilities in the fields of science, arts, education, business, or athletics.
Also find out how to work in the USAcomplete step-by-step guide.
How Do I get a Visa to Work in the USA?
To obtain a work visa in the USA, you must follow these steps:
- Identify the appropriate visa type:determine which work visa category best applies to your situation and work purpose in the United States;
- Find a sponsoring employer: the vast majority of work visas in the USA require the person to have an employer willing to sponsor their arrival in the country. In other words, although it is not impossible to obtain a visa without being employed, it is ideal to be hired by a company in the USA before starting the visa application process;
- Employer’s petition: the company that will hire you in the USA needs to fill out Form I-129, also known as Petition for Non-Immigrant Worker, and submit it to the United States Citizenship and Immigration Services (USCIS) along with documents and service fees. If the petition is approved, you will receive an approval notice (Form I-797) that allows you to formally apply for the visa;
- Fill in the DS-160 form: After filling in the form, you should print out 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: schedule an appointment at a U.S. 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 for the interview, including the DS-160 confirmation page, the visa fee payment receipt, the approval notice of Form I-797, a valid passport, photographs, and any other required documents;
- Attend the interview:during the interview, a consular officer will assess your application and determine whether you are qualified to receive the visa.
If your application is approved, you will receive the visa in your passport and 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.
See also: What is the minimum wage in the USA?
Temporary work visa in the USA (non-immigrant) vs. Permanent work visa in the USA (immigrant): what’s the difference?
At D4U Immigration, we understand that it is essential to know the differences between temporary (non-immigrant) work visas and permanent (immigrant) work visas.
Below are the main differences between these two types of visas:
Temporary work visas in the USA: Non-immigrant
Temporary work visas allow you to work in the USA for a specific and limited period, usually related to the duration of your employment contract or the project you are involved in.
When applying for a non-immigrant work visa, you must prove that you have strong ties to your home country and do not intend to immigrate permanently to the USA. In addition to the visa, it is essential to have international travel insurance.
This type of temporary work visa can be extended in some cases, but generally has a maximum stay period in the USA.
Permanent work visas in the USA: Immigrant
The permanent work visa, also known as the Green Card, allows you to live and work in the United States indefinitely. Additionally, learn how to validate your diploma in the USA.
Unlike temporary visas, permanent work visas do not have a specific expiration date and do not require regular renewal.
Green Card holders have access to additional benefits, such as the ability to sponsor family members for permanent residency and eligibility for American citizenship after a period of continuous residence.
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Types of Work Visas in the USA
As we have seen, American visas are divided into categories grouped by letters. Below are all the types of work visas in the USA according to each category:
Visas H
There are five types of H visa classifications:
- H-1B: for qualified professionals in specialized fields such as IT, engineering and science;
- H-1B1: Specific for Singapore and Chilean citizens working in specialized fields;
See also: How much does an information technology professional earn in the USA?
Visa L
L visas can be divided into two categories:
- L-1A: for executives and managers who are being transferred within an international company;
- L-1B: for workers with specialized knowledge being transferred within an international company.
Seen O
O visas are divided as follows:
- O-1A: for individuals with extraordinary abilities 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 areas under the North American Free Trade Agreement (NAFTA).
It is particularly 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 if your EB-2 NIW application denied.
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Conclusion
Obtaining a work visa in the USA is a process that involves several steps and requires careful planning.
In this context, knowing the different visa categories and the specific requirements for each is crucial to choosing the most suitable visa for your situation and work purpose.
D4U Immigration is a visa consultancy company with a team of lawyers specialized in various types of visas, including family-based visas, extraordinary ability (EB-1), exceptional ability (EB-2), EB2-NIW, EB3, EB5, fiancé(e) visa (K1), K3, and E2, as well as work visas H1B, L1, TN.
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