Unlock Career Opportunities in the United States

The United States, with its dynamic economy and diverse culture, attracts professionals from around the world. This guide provides comprehensive information on obtaining a USA Work Visa, with a detailed focus on the H-1B Visa and the H-1B Lottery process.

Types of USA Work Visas

E-1 Visa

For treaty traders.

Requires a substantial trade between the U.S. and the treaty country.

E-2 Visa

For treaty investors.

Requires a significant investment in a U.S. business by a treaty country national.

O-1 Visa

For individuals with extraordinary ability or achievement in their field.

Includes categories for science, art, education, business, or athletics.

TN Visa

For Canadian and Mexican professionals under the NAFTA agreement.

Requires a job offer in a specific professional field.

How to Apply for a USA Work Visa

Step-by-Step Guide:

Determine Visa Type: Identify the appropriate visa type based on your job offer and qualifications.
Job Offer: Secure a job offer from a U.S. employer.
Employer Sponsorship: Ensure your employer files the necessary petitions and applications with U.S. Citizenship and Immigration Services (USCIS).
Application Form: Complete the relevant visa application form (e.g., Form DS-160 for non-immigrant visas).
Documentation: Gather the required documents:
- Valid passport
- Job contract
- Proof of qualifications and work experience
- Health insurance
- Proof of financial means
Visa Fee: Pay the visa application fee.
Submit Application: Submit your application and documents to the U.S. consulate or embassy.
Biometrics and Interview: Attend an interview and provide biometrics if required.
Wait for Decision: Wait for your application to be processed.

Requirements for USA Work Visa

Valid Passport: Must be valid for at least six months beyond the visa expiration date.
Job Contract: Signed by both employer and employee.
Proof of Qualifications: Diplomas, degrees, or certificates relevant to the job.
Proof of Work Experience: Letters from previous employers.
Health Insurance: Coverage for your entire stay.
Financial Means: Proof that you can financially support yourself.
Application Fee Payment: Proof of fee payment.

Validity and Renewal

H-1B Visa: Valid for up to three years, renewable up to six years.
L-1 Visa: Valid for up to three years, renewable up to seven years.
E-1 Visa: Valid for up to two years, renewable indefinitely.
E-2 Visa: Valid for up to two years, renewable indefinitely.
O-1 Visa: Valid for up to three years, renewable indefinitely.
TN Visa: Valid for up to three years, renewable indefinitely.

H-1B Visa

The H-1B Visa is a temporary or nonimmigrant U.S. visa for foreign nationals seeking temporary entry into the United States for employment in specialty occupations. This visa allows U.S. companies to employ foreign nationals with theoretical or technical knowledge in a specialty occupation. It has enabled leading U.S. tech companies to recruit the talent needed – especially in science, technology, engineering, and mathematics – for America to dominate the world in the arena of technical innovation.

Eligibility Criteria:

A bachelor’s degree or higher in the specific field.
The equivalent of a bachelor’s degree is considered three years of work experience for each year spent at university.
A job offer from a U.S. employer for a role that requires specialized knowledge.

Application Process:

Employer Petition: The U.S. employer must file a Labor Condition Application (LCA) with the Department of Labor.
Form I-129: The employer files Form I-129, Petition for a Nonimmigrant Worker, with USCIS.
Approval Notice: If approved, USCIS issues Form I-797, Notice of Action.
Visa Application: The applicant applies for the H-1B visa at a U.S. consulate or embassy.

Validity:

The H-1B visa is valid for three years and can be extended once for an additional three years, making a maximum of six years.
Transitioning from an H-1B visa to a green card allows for perpetual extensions by filing for an EB-1, EB-2, or EB-3 before the end of the fifth year, according to Sections 104(c) and 106(a) of the American Competitiveness in the Twenty-First Century Act (AC21), 8 CFR 214.2(h)(13)(iii)(D) and (E).

H-1B Lottery

Due to the high demand for H-1B visas, the U.S. government has implemented a lottery system to allocate the limited number of visas available each fiscal year. The annual H-1B visa limit is 85,000, with 65,000 regular H-1B visas and an additional 20,000 visas reserved for applicants with advanced degrees from U.S. institutions.

Lottery Process:

Registration: Employers must register their prospective H-1B employees with USCIS during the designated registration period.
Selection: USCIS conducts a random lottery to select the petitions that will be processed.
Petition Filing: Selected registrants’ employers can then file the H-1B petition.

Exceptions to the Cap:

Individuals entering the U.S. to work in higher education or affiliated research/non-profit organizations.
Of the 65,000 regular H-1B visas, 6,800 are specifically reserved for citizens of Chile and Singapore under the H1-B1 visa.

Timeline:

March: Registration period.
April: Lottery selection and petition filing period begins.
October: Fiscal year starts, and selected H-1B workers can begin employment.

Tips for a Successful Application

Early Preparation: Start your application process early to avoid delays.
Accurate Documentation: Ensure all documents are accurate and complete.
Consult Experts: Seek assistance from immigration consultants or legal experts if needed.
Employer Compliance: Ensure your employer complies with all USCIS and Department of Labor requirements.