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United States
With its enormous and highly diverse economy, it’s no surprise that the USA has a complex work visa system. There are many different kinds of specialized visas for different purposes, so you’ll need to determine which is suitable for your organization and its employees. The following are some of the most common visas available:
Of these options, the H-1B or L-1A/B visas are likely to be the most suitable for the majority of foreign businesses, but not necessarily for your specific situation. The H-1B is often a good option as it is classed as a temporary non-immigrant visa, meaning it is generally easier to obtain than a more permanent immigrant visa.
Obtaining a U.S. work visa typically involves a number of steps, and the specific process and required documentation can vary depending on the type of visa you’re applying for. However, here’s a general list of documents that you might need for a U.S. work visa application:
Passport: You’ll need a passport that’s valid for at least six months beyond your period of stay in the U.S.
Nonimmigrant Visa Application, Form DS-160: This online form must be completed and submitted electronically. After submitting, you’ll need to print the confirmation page to bring to your interview.
Application fee payment receipt: If you’re required to pay the visa application fee before your interview, you’ll need to provide the receipt as proof of payment.
Photo: You’ll usually upload your photo while completing the online Form DS-160. If the photo upload fails, you must bring one printed photo in the format explained in the Photograph Requirements.
Job Offer Letter: A letter from the company in the U.S. that’s offering you a position. This letter should detail the nature of the job, your compensation, and other relevant details.
Labor Condition Application (LCA) or Labor Certification: For certain types of visas, the U.S. employer must obtain a labor certification approval from the Department of Labor before filing the Petition for a Nonimmigrant Worker, Form I-129, with the USCIS.
Form I-129 (Petition for a Nonimmigrant Worker): This needs to be filed and approved by U.S. Citizenship and Immigration Services (USCIS). The approval will be in the form of Form I-797 (Notice of Action).
Interview Confirmation: Depending on where you’re applying from, you may need to schedule and then confirm your visa interview appointment.
Previous U.S. travel records: If you have visited the U.S. before, you might need to provide your travel records.
Proof of ties to your home country: This could be property deeds, proof of employment, or proof of family and social ties. This is to show that you intend to return home after your visa expires.
Other documents: Depending on the specific type of work visa you’re applying for, you might need to provide additional documentation. This could include documents like a diploma or transcript (for H-1B visa), a schedule of performances (for P visa), evidence of extraordinary ability (for O visa), and so on.
The processing time for a U.S. work visa can greatly vary depending on several factors such as the type of visa you are applying for, the workload of the consulate or embassy where you are applying, your employer’s promptness in handling required steps, and the U.S. Citizenship and Immigration Services (USCIS) processing times.
For H-1B visas, one of the most common types of work visas, the processing time can range from a few weeks to several months. Typically, after the employer submits the I-129 petition, USCIS processing can take between 2 to 6 months. If the employer opts for “premium processing” by paying an additional fee, USCIS will expedite the process and make a decision within 15 calendar days.
For L-1, E-2, O-1 and other types of work visas, the processing time can also range from a few weeks to several months. After USCIS approves the petition, the application process at the embassy or consulate can take a few weeks to a few months as well.
Following the example of the H-1B visa, the onus is mostly on employers to apply and provide all the necessary documents for the visa.
As an employer, you will firstly need to file a petition with details of the role and the precise dates it will be starting and ending. You will then need to determine the wage for the position by finding the prevailing wage (by submitting a form to the State Employment Security Agency), and the actual wage (by comparing with similar positions in the US). Once you know these wages, you must choose the higher figure.
You will then need to formalize the process by signing and submitting a Labor Certification Application (LCA) to the US Department of Labor. If this is approved, you must then file a petition with the US Citizenship and Immigration Services (USCIS) and wait for them to process it. If approved, you will eventually receive Form I-797, giving your employee permission to start working.
Your business can easily hire employees in the USA without opening a local entity. We handle local employment law, complex tax regulations, and international payroll in 180+ countries worldwide. All you need to do is focus on your business.
It is possible for immediate family members to join a foreign employee who holds a valid US work visa. This is subject to the terms, type and conditions of the visa subclass that a foreign worker is residing in the USA on.
From 1 to 7 years, depending on the type of visa.
A USA Employer of Record can support you with the process for getting a work visa in the USA.
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Headquarters – Singapore
71 Robinson Road #13-153
Singapore 068895
+65 3105 1170
Skalitzer Str. 85/86
10997, Berlin
+49 30 3119 9653
1700 S. Lamar Blvd Suite 338
Austin, Texas 78704
+1 (737) 265-6065
See more locations
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