Having the opportunity to work in the U.S. can be a great career experience, but it’s not for everyone. The U.S. government imposes strict rules on professional immigration across the Atlantic. There are two possible scenarios. On the one hand, people wishing to work in the United States on a temporary basis fall into the non-immigrant category. On the other hand, people wishing to expatriate and become permanent residents of the USA will be entitled to a work permit (green card) if their application is accepted. In both cases, however, the first step is to obtain a work visa USA. There are several types, depending on the professional category in which you find yourself. This article will attempt to give you an overview of all the options available to enable you to work in the USA and immerse yourself in American culture.
How to obtain a USA work visa for non-immigrants?
As mentioned above, you can only be authorized to work temporarily in the United States if you meet certain criteria.
First step before applying for a USA work visafind a job. This condition is common to all American work visas in this section.
Find a sponsor
The first step is to find an employer willing to start the visa application process for you. To do this, the employer must first file a petition with the U.S. Citizenship and Immigration Services (USCIS). This petition is essential to launch the procedure.
You must then complete the DS-160 form online, on the Consular Electronic Application Center website. Once completed, print out the confirmation page containing a bar code, as you will be asked for it at your appointment at the American embassy.
Make an appointment at the embassy
As you can see, you’ll need to make an appointment at the American embassy or consulate responsible for your geographical area. You can make an appointment at an embassy other than the one in the country where you reside, but be aware that this may compromise your chances of obtaining your American work visa.
Time limits for obtaining a hearing vary from country to country. Make sure you do it well in advance to avoid any problems.
You need the receipt number shown on your approved petition to obtain an appointment.
The documents to be presented on the day of your interview also vary according to the location of the US embassy. Take every precaution to ensure that you have your complete file on the day. You’ll still need to bring passport photos and a valid biometric passport or e-passport.
Prepare for your interview
Prepare carefully for your interview. Be prepared to answer lots of questions about your motivation, your level of English, your background and your career plans. All USA work visa must demonstrate their attachment to their country of residence, and prove that they intend to leave the U.S. once their contracts come to an end.
If you plan to live in the USA with your spouse or children, they too must apply for a visa to accompany you.
During your interview, a U.S. consular officer will determine whether you qualify for a U.S. work visa. If so, he or she will determine which visa is best suited to your situation.
If your application is approved, your fingerprints will be taken electronically and you will be informed of the circumstances and timeframe in which your visa will be returned to you.
The different American work visas for non-immigrants
The list below shows the various USA work visas for non-immigrants, as well as a description of the public concerned:
H-1B (special occupancy) :
This visa is intended for people with a high level of education or equivalent experience. Included in this category are fashion models, researchers working in government research and development, and participants in U.S. Department of Defense projects.
H-1B1 (free trade agreement professional) :
Requires a graduate degree, implying at least 4 years of study in the field of expertise. (no petition required).
H-2A (temporary agricultural workers) :
For seasonal or temporary employment in agriculture. Limited to nationals or citizens of specific countries.
H-2B (non-agricultural temporary workers) :
For seasonal or temporary employment in a field other than agriculture. Limited to nationals or citizens of specific countries.
H-3 (person training or involved in the education of children with special needs) :
To receive training, other than medical or academic, that is not available in the applicant’s country of origin, or training in the field of education in contact with mentally, physically or emotionally unstable children.
L (internal employee transfer) :
To work in a branch, subsidiary or subcontractor of the current employer, in a decision-making role or requiring specific knowledge. The applicant must have worked consecutively for the same employer for 1 year during the previous 3 years.
O (individual with extraordinary talent/knowledge) :
For people with extraordinary talent/knowledge or world-renowned success in the sciences, arts, education, business, sports, film and television. Visa issued for the purpose of working in the field of expertise. This visa includes people providing essential services to the above-mentioned individuals.
P-1 (sportsman, member of a sports team, member of an artistic group) :
To participate in a specific competition as an athlete or member of an artistic troupe. Requires a level of international recognition in the relevant field. This visa includes people providing essential services to the above-mentioned individuals.
P-2 (artist or artist group) :
To deliver a performance as part of an exchange program between the United States and an organization in a foreign country. This visa includes persons providing essential services to the above-mentioned individuals.
P-3 (artist or artist group) :
To perform, teach or coach as part of a unique ethnic, folkloric or musical cultural program. This visa includes people providing essential services to the above-mentioned individuals.
Q-1 (participating in an international cultural exchange program) :
To provide practical training and share the history, culture and traditions of the home country through participation in an international cultural exchange program.
Work visas for immigrants
Now it’s time to look at the other option for working in the USA and living the American dream: expatriation.
There are only three possible scenarios in this area. You must be sponsored either by a close relative who is an American citizen, or by a close relative who is already a permanent resident, or, lastly, by an employer who sponsors you by offering you permanent employment on American soil.
In all three cases, and as for USA work visas work visas for non-immigrants, it all starts with your sponsor filling in the “petition”.
The sponsor is the person who applies for permanent residency.
Sponsored by an American citizen
If the sponsor is a U.S. citizen, he or she may file a petition for :
- his wife ;
- son or daughter;
- brother or sister;
- a relative.
Sponsored by a permanent resident
If the sponsor is not a U.S. citizen, but a permanent resident, he or she may file a petition for :
- his wife ;
- his/her son or daughter, provided he/she is unmarried.
Once the petition has been approved, a process similar to that for non-immigrant visas begins.
You’ll need to make an appointment at the American embassy, gather all the documents you’ll need, prepare for your interview and pay the application fee.
If your application is successful, you’ll be issued a temporary visa to enable you to organize your departure for the United States of America. Once you’re here, after a while you’ll receive your precious green card, enabling you to work and live in the USA indefinitely, as well as your social security number (if you’ve applied for one beforehand).
The American authorities have introduced annual quotas for the issuance of work visas. If there are more applications than visas available, a waiting list is drawn up and applications are examined in chronological order.
Enter the green card lottery
Another way to obtain a green card is to take part in the Diversity Visas Program’s green card lottery. 50,000 green cards are distributed each year. Eligibility conditions for this lottery change from year to year, to allow for diversity in the people and nationalities drawn.
You now have a clearer picture of the conditions you need to meet in order to obtain work authorization and immigrate to the USA. Now all you have to do is summon up your courage and be patient. Work visa procedures can take a long time. It may be worthwhile to enlist the services of a specialized attorney to help you through what can sometimes seem like an obstacle course.
But if you’re determined enough to move to the USA, you’ll have the pleasure of basking on the beaches of Miami, living in huge megalopolises that never sleep like New York, Los Angeles or San Francisco, admiring the beauty of Yosemite, Yellowstone or Grand Canyon national parks, or getting lost in the wilds of the American West. Maybe it’s time for you to live your American dream.