USA Work Visa Requirements

A work visa is a document or stamp in your passport which authorizes foreign nationals to take up full time employment in a country where he/she is not naturally eligible to work in. Each jurisdiction will have a designated department to administer and issue work permits and it is important that the work visa is issued from the relevant authority. There are numerous factors which affect an applicant’s work permit application however a work permit/residence visa will depend largely on your nationality and nature of the job you intend to take on. It must be noted that depending on the country you intend to seek employment in; some individuals are not required to obtain a work visa. Generally all jurisdictions with reciprocal treaty agreements (for example the European Union) do not stipulate that an EU citizen must obtain a work visa to enable them to live and work in EU countries. All jurisdictions have set criteria to satisfy for the applicant to qualify under the relevant work permit program.

Who Requires a Work Permit in the USA?

All foreign nationals outside of the US are required to obtain a work visa to live and work in the US. US work visas are competitive to attain as there is a set quota of US work permits issued each year. All citizens of countries engaged in the NAFTA Treaty agreements with the US are considered first with regards to US work permits.

5 Main ways to Obtain a US Residency and a Work Visa

1) Sponsorship by a US employer

2) Applicants personal monetary investment into a new business enterprise or an existing US company, the investment must bring economic benefits to the Local US economy.

3) Sponsorship by a close US family member

4) Application via the ‘Diversity Visa Lottery Program’

5) Asylum and refugee Status

Types of US Work Visas

Type H1B work permit – is available for applicants who are highly skilled migrants and posses a required level of expertise. Professions within the medical industry are favoured over others when it comes to type H work permit applications. H1B permits are suitable for people in the following professions; Doctors, Surgeons, Nurses, Health care workers, Engineers, Architects, Financial analysts, Physicians, Lawyers, professors and lecturers and IT/computer professionals.

Type L1 work permit – is applicable to all individuals who are foreign employees of an international (foreign based) company and who are transferring to the company’s US branch to undertake relevant business activity.

Type E trader visa – this permit is applicable for employees of registered Treaty Traders/investors. This visa is suitable for individuals who intend to undertake an executive or managerial level position and is valid for a period of 2 years.

Type E-3 visa – is applicable to all Australian citizens. This permit was introduced to attract Australian citizens to the US where they have a high level of expertise in a specialist area. The permit extends to the Australian citizens spouse and dependants, allowing them to reside in the US with the main visa holder.

Type J visa – this visa is available to foreign nationals who wish to come to the US to learn relevant skills and gain valuable work experience to take back to their country of domicile. It is an exchange program, valid for a period of 18 months, and is intended to strengthen international relations between the US and other countries.

Type B – is a business visa and applicable to individuals who intend to come to the US for a short period of time to undertake in business activity for their foreign employer.

Required Documents for an H1B work permit are;

- University degree

- Certificate of professional membership or license

- Previous work references

- Job offer from the US sponsor company

- Current CV of the applicant

- Valid passport with recent passport photos

- Completion of the relevant visa application form, signed accordingly

- Relevant marriage and birth certificates where the applicant intends to include his/her spouse and dependants in the relocation to the US

Benefits of obtaining an H1B Work Permit;

Where the applicant looses his/her employed position with the US sponsor company for a reason not of their own fault, then the sponsor company must still pay the applicant a full salary. Even in the case where the applicant is ‘out of work’ due to lack of work with his/her sponsor company, the sponsor company is still responsible for paying the applicant as stipulated in his/her employment contract.

Visas applicable to the main applicant’s family

The spouse and dependants of the main applicant are eligible to obtain a visa entitling them to reside with the main applicant in the US during his/her employment contract. This type of visa however does not entitle the family members to engage in employment while residing in the US.

Validity of a US Work Permit

Typically a US Work Visa is valid for a period of up to 2 years where the applicant will be undertaking relevant training in the US for his/her employer. With regards to highly skilled applicants and professionals with extensive knowledge of expertise, the validity of their work permit can be up to a maximum period of up to 7 years.

NAFTA Treaty Countries

Priority is given to all citizens of countries which partake in the NAFTA treaty agreement. Citizens of these countries are subject to far less complex and stringent work permit requirements during the application stages. Generally all ‘skilled and professional’ workers are approved a US work permit on first consideration while some non-skilled applicants are also issued permits.

US Green Card

This is a long term/permanent residence visa enabling the holder the right to reside and work in the US for an indefinite period of time. Although the applicant may wish to permanently relocate to the US for employment purposes the process of obtaining a green card can be very time consuming so it may be more beneficial to obtain a temporary work visa first.

Temporary Work Visa

A US temporary work visa will allow the individual to enter the US and commence employment. Once the candidate has moved to the US and successfully commences employment with his/her US sponsor company, the employee can apply for a US Green card. A green card can also be applied for by the US sponsor company on behalf of the applicant.

 Print This Page