Employment-Based Immigration: Securing a Work Visa in the U.S.

There is no doubt that the United States boasts the world’s largest economy, largely driven by a substantial workforce composed of immigrants. There are people who aspire to fly to the United States to just work. The obvious reasons will always be higher salaries, better working conditions, and a quality experience. You would be astonished to know that every fiscal year, over 140,000 employment-based visas for immigration are made accessible to all qualified applicants by the consular office. So, this proves the point that your application has a higher chance of acceptance if you file it with a reputed immigration consultant in California. 

In this blog, at Reyes and Schroeder Associates P.C., we are going to cover various types of employment-based immigration visas and how you can secure your work visa. As among the best Visa lawyers in California, we will guide you through the application process and let you know the eligibility criteria. So, read further to explore how to secure your work visa.

Temporary non-immigrant visa

A temporary non-immigrant work visa is an employment visa type for individuals who are looking to work in the US for a certain time period. In most cases, your potential employer files the petition with the USCIS and works with our immigration law specialist in California for a temporary work visa. However, as an employee, you must also apply for a temporary work visa. Below are a few common types of temporary work visas that you can apply for to work in the US.

  • H-Visas: A visa for a definite profession or with special expertise in the academic field.
  • L Visas: Visas for individuals provisionally transferring within their company
  • Visas: Visas for individuals with extraordinary ability across industries
  • P Visas: Visas for performances in athletics or as an artisan
  • R Visas: Provisional visas for religious labor
  • TN NAFTA: It is a temporary permit for Canadian or Mexican citizens for business.

Permanent work visas

If you have the right combination of skills, education, eligibility, and expertise, then you can apply for a permanent work visa in the US. Roughly 140,000 work visa applications are available and accepted every year. These are categorized as employment-based green cards. In most cases, these work visas will always require an offer of a job or employment from any recruiter in the US who has  legal US Department of Labor accreditation. Further, they must also satisfy the condition that they have deficient workers with a certain skill set within the US, and the employment won’t snatch the job away from any US citizen. Below are several types of permanent work visas.

  • First Preference EB-1: It is a visa for workers with extraordinary skill sets in any profession and research.
  • Second preference EB-2 is a permanent work visa for individuals who can prove at least 5 years of experience in any field.
  • Third Preference EB-3: Visas for skilled or untrained laborers with their bachelor’s degree
  • Fourth Preference EB-4: It is a work visa for religious workers.
  • Fifth Preference EB-5: These visas are offered to certain individuals who make an investment of $1.8 million in a new commercial business in the US.

Do you wish to work in the US with a work visa? Get reliable and seamless support from our immigration attorney in California.

How do you secure your work visa?

Qualification for a work visa in the US

If you are applying for a work visa in the US, then you must meet three prerequisites before applying. If you fail to prove or meet any of these conditions, the US Embassy will deny your work visa and will not allow you to travel to the US. Here are the requisites that you need to abide by.

You must have a job offer.

The first and foremost condition that you must satisfy is having a job offer. You must be accepted for a job posting by a US employer with all the documents to prove the same. As your immigration consultant in California, we will gather all the documents and get approval for your US work visa.

Approved petition from the USCIS

Before you even apply for the work visa, your potential employer must apply for a non-immigrant worker visa with the USCIS. This submission or petition is also identified as the I-129 form. It stands out and is one of the most crucial documents in your work visa application. When your employer successfully files this form with USCIS, you can then start applying for your visa with us as your visa lawyer in California.

Labor certification is accepted by the DOL.

There are certain work visas that require your employer to have certification approved by the DOL. These are specifically for the H-1B, H-1B1, H-2A, and H-2B visas. Your potential must file the petition and get it approved on your behalf. This is proof that your employer needs workers from different countries with special skills to get the work done. This certification also ensures that your employment is not affecting the job opportunities of U.S. citizens.

Documents required for applying for a US Work Visa

  • You must have a valid passport.
  • US Visa photo to be filled out while filling out the application online
  • Receipt number of your approved petition filed by your employer to work as a nonimmigrant worker
  • The confirmation sheet for the DS-160 form
  • Receipt of payment done for the form
  • Proof showing that you will come back to your homeland after the job is done

Besides the general documents required, you might also have to provide some other documents as needed by the US embassy or the consular office. As your immigration law specialist in California, we will help you get all the necessary documents seamlessly.

Conclusion

In conclusion, these are the steps, requirements, and a complete guide to securing your work visa in the United States. After getting the work visa, your moral responsibility is to follow and abide by certain responsibilities in the US. You should also follow and obey every law during your stay. 

Contact Reyes and Schroeder Associates P.C. today!

If you are having any legal complexities in getting a US work visa approved, you can contact us at Reyes and Schroeder Associates P.C. We will strategically guide you with the best possible approach to getting your visa approved. You can call us at (323) 553-1541 or send us an email at info@rslawca.com to get answers on how to secure your work visa with zero hassles.

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