- Research the various types of US work visas and determine which one is best suited for you.
- Update your resume and LinkedIn profile to showcase your skills and experience.
- Network with professionals in your industry and attend job fairs and events to meet potential employers.
- Reach out to companies that have sponsored visas in the past or have a history of hiring foreign workers.
- Be prepared to explain to potential employers why hiring you will benefit their business.
- Be flexible and open to different job opportunities and locations.
- Work with an immigration lawyer who can help guide you through the visa application process and advise you on the best course of action.
US Work Visa Requirements
- A valid passport: The applicant must have a valid passport that will remain valid for at least six months beyond the period of stay in the US.
- Appropriate visa application: The applicant must submit the appropriate visa application and any required documentation to the US embassy or consulate in their home country.
- Job offer from a US employer: Most work visas require a job offer from a US employer who will act as the sponsor.
- Qualifications: The applicant must have the necessary qualifications, such as a bachelor’s degree or equivalent work experience, to perform the job for which they are being sponsored.
- Health and character requirements: Applicants must undergo a medical examination and may be required to provide police clearance certificates or other evidence of good character.
- Financial requirements: Applicants must be able to demonstrate that they have sufficient funds to support themselves and any dependents during their stay in the US.
- Compliance with visa conditions: Once in the US, the applicant must comply with the conditions of their visa, including limitations on the type of work they can perform and the length of their stay.
Options to Get Sponsorship for a US Work Visa
L1 Intra-Company Transfer Visa | L1 Visa
If you work for an international employer that has a US office, you may be eligible for the Intra-Company Transfer visa. This visa allows you to temporarily move to a parent, branch, affiliate, or subsidiary of the same company in the USA to perform similar work.
The L1 visa, or Intra-Company Transfer visa, can also be used for employees who are being sent to the United States to open a new office. However, your US employer must file a petition on your behalf with USCIS before you can apply for your L1 visa, unless the company transfers multiple employees on a regular basis and already has a blanket petition in place.
To qualify for an L-1 visa, you must be at a managerial or executive level (L1A visa) or have specialized knowledge about the company’s products, procedures, or management (L1B visa) and be destined for a similar-level position in the US. Additionally, you must have worked for the company for at least one year within the three years preceding your visa application.
H1B Speciality Occupation Visa | H1B Visa
The H1B visa, also known as the Speciality Occupation visa, is a non-immigrant work visa that allows highly skilled workers with graduate-level education to work for a US employer in a speciality occupation requiring technical or theoretical expertise.
To qualify for this visa, you must possess at least a bachelor’s degree or its equivalent, which should be relevant to the occupation you are seeking sponsorship for. However, the definition of a speciality occupation is not legally defined, and it is up to the USCIS to decide whether your prospective employment is qualified and whether you have the qualifications to perform the necessary duties.
If you do not have a bachelor’s degree, you may be able to demonstrate degree equivalence through work experience or other qualifications. Additionally, you must prove that you are uniquely qualified for the position based on your education and work experience.
Before applying for an H1B visa, your prospective employer must file a labor condition application with the Department of Labor, as well as an employment-based petition with the USCIS.
O1 Extraordinary Ability Visa | O1 Visa
Consider applying for the O1 visa, also known as the Extraordinary Ability or Extraordinary Achievement visa, if you have exceptional talent or a record of extraordinary achievement in your professional field. The O1A visa is for individuals with an extraordinary ability in the sciences, education, business or athletics, while the O1B visa is for those with extraordinary achievement in the motion picture or television industry or in the arts.
To qualify for the O1 visa, you need to demonstrate sustained national or international acclaim in your field and be coming to the United States to continue your work. Extraordinary ability means you are among the top of your field on a global scale, while extraordinary achievement requires skill and recognition substantially above that ordinarily encountered.
As with the L1 and H1B visas, you need a US sponsor to petition to USCIS on your behalf before you can apply for an O1 visa.
E Treaty Trader & Treaty Investor visas | E1 Visa
If sponsorship isn’t the right route for you, there are other options available, such as investing in or running your own business in the United States. However, as an entrepreneur, you will either need to have established trade links with the USA or have a significant amount of capital to invest in a US enterprise.
The E1 and E2 visas, also known as Treaty Trader and Treaty Investor visas, are non-immigrant work visas available to citizens of countries with which the US maintains a treaty of commerce and navigation.
The E1 Treaty Trader visa requires you to engage in substantial trade in goods, money or services, primarily between the US and your treaty country, building on an existing trading relationship. The majority of your international trade should be with the United States, with no minimum threshold for the amount of trade, though emphasis will be placed on transaction volume over monetary value.
Under the E1 visa, you may also qualify as a senior executive or supervisor or as someone with essential skills for the firm’s US operation.
Under the E2 Treaty Investor visa, you must be coming to the United States to develop and direct the operations of a genuine enterprise in which you have invested, or are in the process of investing, a substantial amount of capital, or to work in the enterprise as an executive, supervisor or essentially skilled employee.
While the investment amount is not statutorily defined, you will generally need to invest a minimum of US$100,000.
Starting Work in the US
After obtaining US sponsorship and, if necessary, having your petition approved by USCIS, you will need to submit a visa application to the US Embassy or Consulate in your country of residence. At this stage, you must pay a non-refundable application fee and arrange an interview.
If your application for a US work visa is successful after your interview, you will be permitted to travel to the United States to work in the position for which permission was granted. However, being granted a visa does not guarantee entry. Having a visa only shows that a consular officer has determined you are eligible to request entry to the USA for that specific purpose. It is up to immigration officials at the port of entry to decide if you are eligible for admission into the country.
Once you have been admitted to the United States on a non-immigrant visa, unless you violate your visa conditions, you will be allowed to stay in the USA for a certain period of time. In some cases, depending on the type of visa you have, you may also be able to apply for permanent residence, or a green card, which permits you to reside and work in the USA indefinitely.
