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Work Visas

Work Visas

The H1-B work visa

This visa type allows foreign nationals to work temporarily in certain occupations. US legislation caps the number of H1-B visas granted at 65000 per fiscal year (1. 10. – 30. 9). Citizens of Singapore and Chile may also apply for H1B1 visas, which do not count towards the annual cap.

The H1-B work visa for the USA – eligibility conditions

To apply for this visa type, the applicant must present a fixed-term job offer from a US company for a speciality occupation. A speciality occupation is one requiring the practical and theoretical application of knowledge, usually equivalent to at least a bachelor’s degree, or an equivalent body of professional experience. Typical occupations in this category include roles in engineering, mathematics, natural sciences, medicine, education, healthcare, business, theology, law, accountancy, architecture and the arts. Under certain conditions, models may also qualify for this visa. In specified cases, the applicant must also show that they meet certain character and health requirements. H1-B visas allow the holder to live and work legally in the United States on a temporary basis. The H1-B is usually granted for 3 years, with the possibility of extension. Foreign workers holding H1-B visas may also apply for a Green Card, which would allow them to remain in the United States permanently. Lawful spouses and unmarried children under 21 may apply for a derivative H4 visa in order to join their spouse or parent. These spouses and children may study in the USA, but may not take up employment without being granted a proper work visa.

If you wish to work temporarily in the United States, the country’s immigration law requires you to obtain a special work visa corresponding to the specific type of work you will be doing. For most temporary work visas, your prospective employer or agent must file an appropriate petition on your behalf, which must then be approved by USCIS (US Citizenship and Immigration Services)

Every applicant for an H, L, O, P or Q category visa must have a petition, Form I-129, approved in their name by USCIS. This form must be approved before you can apply for a work visa at a US consulate or embassy. Once your petition has been approved, your prospective employer or agent will receive a notice of receipt. This document, Form I-797, also serves as notification that your petition has been officially approved. During your personal interview, the consular officer will check the status of your petition via the PIMS database (the Petition Information Management Service of the US Department of State).

At your personal interview at the US consulate or embassy, you must bring your Form I-129 receipt number so that the approval of your petition can be verified. You should also be aware that an approved petition does not automatically guarantee a visa if it is found that you do not meet the conditions for its grant laid down in US immigration law.

Scope of the visa and eligibility

This visa is required if you are coming to the USA to work in a specialised (professional) occupation arranged before your arrival. You must hold a university degree (at least a bachelor’s or higher) or its equivalent in the specific field in which you intend to work. USCIS will then assess whether you are qualified for the role and whether the position qualifies as a speciality occupation. The US Department of Labor must receive a labour condition application from your employer or agent relating to your employment contract and the working conditions agreed with you

The H-2A visa enables US firms and companies to employ foreign nationals in the USA for seasonal agricultural work for which there is a shortage of suitable workers in the United States. If you are seeking work of this kind in the USA (temporary or seasonal agricultural work), you fall within the non-immigrant H-2A classification. The US company employing you (or an association of US agricultural producers acting as joint employer) must file a work petition (Form I-129) on your behalf.

The H-2B visa is required if you are coming to the USA to carry out seasonal or temporary work for which there are not enough workers in the USA. You must obtain a certification from the Department of Labor confirming that there is a shortage of suitable workers in the USA for the type of work on which your petition is based.

This visa is required for applicants coming to the United States to gain relevant experience with an employer in any field other than certificated training or formal study, for a maximum of 2 years. The traineeship may be paid, and such work is permitted. The training must not be available in your home country and must not be used as a productive work position.

If you are the principal holder of a valid H category visa, your spouse or unmarried children under 21 may apply for H-4 visas so that they can travel to the USA with you. Your spouse and children may not, however, work under any circumstances during their stay in the USA.

You need an L-1 visa if you work for an international company and are being temporarily posted to its parent company, branch or subsidiary in the USA. The international company may be a foreign or a US organisation. To qualify for an L-1 visa, you must work for the organisation in a managerial or executive role, or have specialised knowledge, and be moving into a role at one of these levels within the US organisation, although not necessarily the same position you held before. In addition, before applying for the L-1 visa you must have been employed by the company outside the USA continuously for at least one year within the preceding 3 years. You may apply for this visa only once the US organisation or its branch has received an approved petition from USCIS.

If you are the principal holder of a valid L visa, your spouse or unmarried children under 21 may apply for derivative L-2 visas. Following a recent change in US law, a spouse may now obtain a work permit in this situation. The spouse must, however, enter the USA on their own L-2 visa and must then submit a completed Form I-765 (available from USCIS) together with proof of payment of the application fee. Your children are still not permitted to work during their stay in the United States.

O visas are granted to people with extraordinary ability in fields such as education, the arts, sport, science or business, or who have achieved outstanding success in television or film production, as well as to their support staff.

P visas are granted to internationally recognised artists and athletes, and their support staff, who are coming to the USA to perform or present their work.

If you are travelling to the USA to provide practical training or instruction, or to work while taking part in an international cultural exchange programme, or to share information about the culture, customs and history of your home country, you will need a Q visa. Your petition must be filed on your behalf by the programme sponsor and approved by USCIS.

For each of the visa types above, the prospective US employer must also obtain Form I-129 approval from USCIS for the future employee (the work permit). The employee then applies for the work visa at a US embassy or consulate. Bear in mind that a work permit issued by USCIS does not automatically mean that a work visa will be granted at the US embassy or consulate.

The spouses and children under 21 of principal holders of H, L, O, P, Q and R category work visas may obtain derivative visas, provided the work permit holder demonstrates that they will be able to support their family members during their stay in the United States.

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