How to Obtain a Working Visa?

Generally, a citizen of a foreign country who wishes to enter the United States must first obtain a visa, either a nonimmigrant visa for temporary stay, or an immigrant visa for permanent residence. Temporary worker visas are for persons who want to enter the United States for employment lasting a fixed period of time, and are not considered permanent or indefinite. Each of these visas requires the prospective employer to first file a petition with U.S. Citizenship and Immigration Services (USCIS). An approved petition is required to apply for a work visa.

 

Temporary worker visa categories

 

General description – About an individual in this category:

 

H-1B: Person in Specialty Occupation

 

To work in a specialty occupation. Requires a higher education degree or its equivalent. Includes fashion models of distinguished merit and ability and government-to-government research and development, or co-production projects administered by the Department of Defense.

H-1B1: Free Trade Agreement (FTA) Professional - ChileSingaporeTo work in a specialty occupation. Requires a post-secondary degree involving at least four years of study in the field of specialization. (Note: This is not a petition-based visa. 

H-2A: Temporary Agricultural Worker

For temporary or seasonal agricultural work. Limited to citizens or nationals of designated countries, with limited exceptions, if determined to be in the United States interest.

H-2B: Temporary Non-agricultural Worker

For temporary or seasonal non- agricultural work. Limited to citizens or nationals of designated countries, with limited exceptions, if determined to be in the United States interest.

H-3: Trainee or Special Education visitor

To receive training, other than graduate medical or academic, that is not available in the trainee’s home country or practical training programs in the education of children with mental, physical, or emotional disabilities.

L: Intracompany Transferee

To work at a branch, parent, affiliate, or subsidiary of the current employer in a managerial or executive capacity, or in a position requiring specialized knowledge.  Individual must have been employed by the same employer abroad continuously for 1 year within the three preceding years.

O: Individual with Extraordinary Ability or Achievement

For persons with extraordinary ability or achievement in the sciences, arts, education, business, athletics, or extraordinary recognized achievements in the motion picture and television fields, demonstrated by sustained national or international acclaim, to work in their field of expertise. Includes persons providing essential services in support of the above individual.

 

P-1: Individual or Team Athlete, or Member of an Entertainment Group

To perform at a specific athletic competition as an athlete or as a member of an entertainment group. Requires an internationally recognized level of sustained performance. Includes persons providing essential services in support of the above individual.

P-2: Artist or Entertainer (Individual or Group)

For performance under a reciprocal exchange program between an organization in the United States and an organization in another country. Includes persons providing essential services in support of the above individual.

P-3: Artist or Entertainer (Individual or Group)

To perform, teach or coach under a program that is culturally unique or a traditional ethnic, folk, cultural, musical, theatrical, or artistic performance or presentation. Includes persons providing essential services in support of the above individual.

Q-1: Participant in an International Cultural Exchange Program

For practical training and employment and for sharing of the history, culture, and traditions of your home country through participation in an international cultural exchange program.

Labor Certification - Some temporary worker visa categories require your prospective employer to obtain a labor certification or other approval from the Department of Labor on your behalf before filing the Petition for a Nonimmigrant Worker Visa.

To learn more about WORKING VISA (H1-B) , Please contact the Law Offices of Elaine O. San Juan by calling us at 818-748-8872 to discuss a work visa or employment-related immigration concern. You may also contact us online to schedule a confidential consultation.

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