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 a proper work visa, which can be a complex and time-consuming process.
In this article, we’ll look at some of the categories of work visas in the USA, how they work and what the steps are to obtain them.
We will also explore the differences between temporary visas (non-immigrants) and permanent work visas (immigrants).
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What are the categories of work visas in the USA?
There are several categories of work visas in the USA, also known as non-immigrant visas, which allow foreigners to work temporarily in the country.
US work visas are categorized with letters to represent the different types of work permits and purposes.
For example, the H group includes visas for temporary workers and trainees in various occupations and sectors, while L visas are for internal company transfers and O visas are for individuals with extraordinary abilities in the sciences, 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 get a work visa in the USA, you need to follow these steps:
- Identify the right type of visa: Determine which category of work visa best applies to your situation and purpose of working in the United States;
- Find a sponsoring employer: the vast majority of work visas in the USA require that you have an employer willing to sponsor your arrival in the country. In other words, although it is not impossible to get a visa without being employed, the ideal is to be employed by a company in the USA before starting the visa application process;
- Employer’s petition: the company that is going to hire you in the US needs to fill out form I-129, also known as the Immigrant Petition for Alien Workers, and send it to the United States Citizenship and Immigration Services (USCIS) along with documents and service fees. If the petition is approved, you will receive a notice of approval (Form I-797) which 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 your payment receipt, as you will need to present this document on the day of your 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 the necessary documents to the interview, including the DS-160 confirmation page, your visa fee payment receipt, the Form I-797 approval notice, valid passport, photographs and any other required documents;
- Take the interview: During the interview, a consular officer will assess your application and determine whether or not you are eligible to receive the 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 when you arrive 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 believe that it is essential to know the differences between temporary work visas (non-immigrant) and permanent work visas (immigrant).
Here 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 work 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 country of origin and that you 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 length of stay in the USA.
Permanent work visas in the USA: Immigrant
A permanent work visa, also known as a green card, allows you to live and work in the United States indefinitely. You can even find out how to validate a diploma in the USA.
Unlike temporary visas, permanent work visas do not have a specific expiration date and do not require you to renew them regularly.
Green card holders have access to additional benefits, such as the possibility of sponsoring family members to obtain permanent residency and eligibility for US citizenship after a period of continuous residency.
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Types of work visa in the USA
As we’ve seen, American visas are divided into categories grouped by letters. Here are all the types of work visa in the USA according to each category:
Visas H
There are five types of H visa classification:
- 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, on the other hand, 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 fields under the North American Free Trade Agreement (NAFTA).
It is especially attractive to qualified professionals, as it usually 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.
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 one is fundamental to choosing the most suitable visa for your situation and work purpose.
D4U Immigration is a visa advisory company with a team of lawyers specializing in various types of visas, including family-based visas, extraordinary abilities (EB-1), exceptional abilities (EB-2), EB2-NIW, EB3, EB5, fiancé(e) visas (K1), K3 and E2, as well as H1B, L1, TN work visas.
Don’t leave your American dream in the hands of amateurs. Trust D4U Immigration, the best visa and immigration consultancy for the United States.