Get an employment-based visa appointment for foreign nationals intending to enter the United States to work for a fixed period of time. It is also called temporary work visa. In other words, it does not provide a permanent or indefinite stay in the United States. Under this broad visa category, there are different classifications depending on each applicant’s educational background, experience and sometimes special talents. Are you considering applying for a temporary work visa and wondering how to go about it? This article provides a complete guide to the eligibility criteria and the much sought after USA visa process.
Who qualifies for a US employment-based nonimmigrant visa
Your qualifications for the employment-based nonimmigrant visa will depend on the exact classification you are pursuing. While some require a bachelor’s degree or higher or equivalent, some only require a post-secondary degree. In general, however, most visas will require you to have some specialized knowledge of the field for which you are applying. Most of these visas are highly competitive, which is why you need to do your best when applying. In other words, capacity alone is not enough; you must present them convincingly to demonstrate that you are eligible for the visa you are pursuing.
For example, the O-1 visa is for those who are among the few who have achieved the top position in their field. It requires criteria of proof that demonstrate their extraordinary ability in that field. This includes having an extraordinary track record or being consistently nationally or internationally acclaimed in their field of endeavor. To be eligible to participate, you must have the qualifications and/or experience or comparable evidence that describes those requirements. Job location, salary, itinerary and everything else about the job position is also subject to the guidelines of the visa classification.
The following is a list of nonimmigrant visa based on available US employment and eligibility criteria for each of them.
Employment-based nonimmigrant visas
H-1B for Special Occupations, DOD Research and Development Project Officers, and Fashion Models
H-1B1 . Free Trade Agreement
H-1C2
H-2A Temporary Agricultural Worker
H-2B Temporary Non-Farm Worker
H-3 Intern or Special Education Visitor
L Inter-company transferee
Visa O: An individual of extraordinary ability or achievement
P-1 Visa for Individual or Team Athletes, Member of a Recreation Team
P-2 for Artist or Entertainer
P-3 for Artists or Entertainers
Q-1 for International Cultural Exchange Program Participants
How to process your employment-based nonimmigrant visa
The following are general requirements for processing a US nonimmigrant work visa.
Get a US-based employer
Almost all employment-based visas require you to have a job offer from a US-based organization or employer. This is because they are petition-based temporary visas, which must be sponsored by a potential employer. The employer will petition the U.S. Citizenship and Immigration Services for approval to allow you to enter the United States and work for them. Each of the above visa categories has its own qualifying occupation classification. This means that the job offer must be a qualifying one for that particular visa category. For example, the H-1B classification is for occupations that specifically require technical or theoretical expertise in a specialized field. Examples of top jobs in the H-1B classification include finance, IT, accounting, engineering, architecture, science, medicine, and math.
Labor certification process
Some of these visas require your prospective employer to have a labor certification approved by the U.S. Department of Labor (DOL) on your behalf. The main essence is to ensure that no qualified US workers (citizens and permanent residents) for the opposition are provided to you. The DOL is responsible for protecting the work interests of U.S. workers. The labor certification process will also ensure that the employer is financially able to pay you the appropriate salary paid to other workers employed in similar positions in the same position. proposed workplace. Your potential employer can tell if the type of visa requires a labor certification by viewing the process instructions on the USCIS website. If the visa requires a labor certification, the employer will need to obtain it before proceeding to the next stage of the application. And if not, the employer can move on to the next stage once the job opportunity has been offered and an agreement has been reached.
USCIS . Application
USCIS application is required for all nonimmigrant work visas. Your prospective employer must submit Form I-129, also known as the Petition for Nonimmigrant Worker, with USCIS. There are only certain classifications that allow you to work in the United States without being sponsored by an employer. Those visa classifications include TN, E-1, E-2, E-3, and in some cases, M-1 and F-1 student visas, as well as award visitor visas. change J-1.
Whether you are filing the petition yourself or the employer is acting as the applicant, the I-129 petition must be filed with USCIS. Submissions must be sent to the service center authorized for the proposed workplace. It must include relevant supporting documents showing that both you and the employer are eligible for the visa, as beneficiary and guarantor respectively.
Apply for an employment-based visa appointment
Once USCIS approves the I-129 petition, you and the employer will be notified. At this stage, you will need to continue the application process by applying for a visa by appointment in your country of residence. The application process and requirements may vary depending on the specific embassy you are applying to. You will need to strictly follow the instructions on the consulate or embassy website. In general, however, the following are common steps for applying for a US employment-based nonimmigrant visa:
Complete the Online Visa Application
You must complete the Online Nonimmigrant Visa Application, Form DS-160. The form must be filled out and submitted electronically to the US Department of State (DOS) website over the internet. It is important to follow the instructions and provide all required documents. This is because the information entered in the form, combined with your interview performance, will primarily shape the decisions of the consular officers who will review your application. They will use those two bases to determine if you are eligible for the visa you are pursuing. After completing Form DS-160, you will need to print and keep its confirmation as you must bring it to your appointment for an employment-based visa.
Make an appointment for an employment-based visa
You will have to schedule an appointment for an employment-based visa at the U.S. consulate or embassy in your country of residence. While you can schedule an interview at any U.S. consulate or embassy of your choice, it can be difficult to obtain a U.S. visa outside of your country of permanent residence. For this reason, it is best to choose the country where you live when choosing a location for your visa interview.
Non-refundable registration fee payment
To be able to book an employment-based visa appointment, you will also need to make a payment(s) to complete your application. The exact amount and appropriate payment method will depend on the visa type and country-specific requirements at the embassy or consulate. For example, citizens of some countries have to pay an additional visa fee. In addition, L-1 visa applicants in the broad petition category must pay a Fraud Detection fee in addition to the usual fees.
You can also get premium service and help with your app by subscribing to Premium US visa appointment service.
Gather the necessary documents for your interview
The general documents required for the visa appointment based employment interview are as follows:
- Passport valid for at least six months beyond your intended stay in the United States
- Sample confirmation page DS-160
- Receipt for payment of application fee
- Receipt number for approved I-129 petition
In addition to the items above, additional documentation may also be required. You will need to review the instructions on the embassy website to be sure of what
Attend your US visa appointment
The final step in your temporary work visa application is to attend your visa interview. You may need to review the instructions on the website again to make sure you have all the necessary items intact. It’s important to show up early for your interview, at least 15 to 30 minutes ahead of time. Your visa interview will be conducted by a consular officer who will make a decision on your application after the interview. If at the end of the interview, the consular officer deems you eligible for a visa, they will approve your visa application. That means you will be issued a nonimmigrant visa that you will use to come to the United States and start your work with the employer.