Types of US Work Visas; You are looking to move to the US via the work visa route, however, you do not quite understand which of the visas is ideal for your situation. That’s not an issue here, rest assured to get yourself acquainted with a visa that guarantees your ideal case by the end of this guide.
Just like any other country in the world, you will need a valid visa to gain entrance into the US, live and work legally as the case may be.
Under this arrangement, you’ll have to select and apply through the exact designated work visa type.
About Work Visa
A work visa is a type of employment permit that permits you to take a job in a different country, the US in this regard.
If you are from outside the United States and want to accept employment with a US employer, it’s important that you know how to apply for and obtain a visa.
Understanding the types of visas available and what the requirements are for each one may help understand which permit to pursue.
Important notes;
- A work visa is a permit proving an individual from outside the US is eligible to live and work legally in the US.
- There are different types of visas, this includes temporary and permanent visas, visas can also vary depending on the reason for your employment in the US.
- Many visa holders also apply for an Employment Authorization Document, which demonstrate their eligibility to work in the country.
What is a work visa?
There are several visas based on the work you do, and whether you are looking to stay permanently or temporarily. Learning about different types of visas and their qualifications can help you understand which is the most appropriate for your situation.
An employee may need an employment visa as well as an additional work permit that allows them to pursue a career in a specific country.
Benefits of working in the US
Social security
United States law provides for retirement benefits and subsidized health insurance under Federal Social Security and Medicare programs.
Employers are required to contribute 6.2% of each employee’s salary to Social Security, as well as 1.45% of each employee’s wages and act as employee contribution.
Federal government programs provide benefits for retirees, the disabled, children deceased workers.
Healthcare and insurances
Under the patient Protection and Affordable Care Act, certain large employers who do not offer affordable health insurance that provide minimum essential coverage to 95% of their full-time employees and their dependents may be subject to significant penalties.
Covered employers will be subject to an annualized employer shared responsibility.
Employers may also be required to provide employees with health insurance benefits pursuant to a negotiated collective bargaining agreement or employment contract.
Required leave
Holidays and annual leave
Although the US government recognizes several national holidays, no federal law requires employers to provide employees with time off for holiday.
However, it’s customary for employers to provide employees with paid-time off to observe nationally and locally recognized holidays.
Maternity and Parental leave
The Family Medical Leave Act requires employers with fifty or more employees within a seventy-five miles radius to provide covered employees with 12 weeks unpaid leave in a 12-month period for the birth or placement of a child.
Some state laws provide maternity leave for the employees who are not covered under the FMLA.
Sickness leave
Employees may be entitled to unpaid sick leave under FMLA, which allows eligible employees to take up to 12 weeks unpaid medical leave in a 12-month period for a serious health condition that prevents the employee from performing the functions of his or her job.
A serious health condition covers a range of illnesses, through colds, headaches, and routine medical care is typically not covered.
Different types of work visas to the US
Temporary work visas
A temporary worker visa grants you permission to stay in the US for a designated time. The requires you depart the US by the date your visa expires, unless you choose to reapply and extend the date.
1 H-1B Specialty Occupation
This is the most popular type of work visa in the US, made available to people from other countries who work in specialty occupations like computer science, engineering.
Because of the high demand for this type of visa, there’s an annual cap on the issuance. Candidates who hold a Bachelor’s degree or higher and have a job offer from a US employer in a specialty position may qualify for this visa type.
2. L-1 Visa
The L-1 Visa is a temporary work visa issued to employees who work for foreign businesses that have direct affiliation with US companies.
An employee would apply for this visa if their organization transfers them to its US location or branch, it could also apply if a foreign company transfers an employee to go and set up a US company.
(L-1A for managers and top executive level, and L-1B for employees below manager level).
3. O-1 Visa
This visa is designed for people who have extraordinary skills within their field. To demonstrate that they have extraordinary skills within their field.
Suitable for people in business, sciences, arts, sports, entertainment and education.
4. E-1 and E-2 Visas
This type of visa allows people from certain countries to visit the US to carry on trade activities. Treaty traders can obtain E-1 work visa or an E-2 work visa as treaty investor.
Treaty traders are those from countries with trade agreement with the US, who perform ongoing trade activities.
Treaty investors include those who have invested large amount of money into the US business and can show you are coming to develop your investment.
5. H-2A Visas
American farmers who need seasonal or temporary workers for planting, cultivating, and harvesting crops when domestic workers are in short supply are allowed the H-2A visa route for foreign workers.
It’s called “Temporary agricultural workers program, it helps American farmers fill employment gaps by hiring workers from other countries.
Depending on the type of work you need, temporary or seasonal agricultural work can happen on farms, plantations, orchards, or other similar locations.
- Seasonal work is when you need more help than usual because the work is tied to a certain time of the year by an event or pattern, like a short annual growing cycle.
- Temporary work lasts no longer than 1 year.
6. H-2B Visa
The H-2B nonimmigrant program permits employers to temporarily hire nonimmigrants to perform nonagricultural labor or services in the United States.
The employment must be of a temporary nature for a limited period of time such as a one-time occurrence, seasonal need, peak load need or intermittent need
The H-2B programs requires the employer to attest to the Department of Labor that it offers a wage that equals or exceeds the highest of the prevailing wage, applicable federal minimum wage, the state minimum wage, or local minimum wage to the H-2B nonimmigrant worker for the occupation in the rear of intended employment during the entire period of the approved labor creation.
Other visas include but are not limited to;
- EB-1
- EB-2
- EB-3
- E-1, E-2, and E-3, etc.
Requirements
- The employer must offer a job that can’t be filled by a US worker
- The foreign worker being sponsored must have the skills and qualifications needed for the job
- The employer must meet legal and financial requirements, including paying the prevailing wage and following labor laws.
How the US work visa works
Labor Certification if needed
Sometimes, the employer must get a labor certification from the Department of Labor to show no qualified US workers are available for the job.
File petition (Form I-129)
The employer files a petition (Form I-129) with the USCIS for a foreign worker.
Wait for approval
USCIS reviews the petition. If approved, and if the worker is outside the US, the case goes to the NVC.
NVC Processing
The NVC processes the case, schedules an interview at the US embassy or consulate in the worker’s home country.
Adjustment of status
If the worker is already in the US, they may apply for a green card after USCIS approves the petition.
Permanent residency while on work visa
As a work visa holder, you may be eligible to apply for permanent residency. However, the process and eligibility criteria depend mainly on the type of visa you are on.
H-1B visa holders
The H-1B is a dual intent visa, this means you can apply for permanent residency without doing any harm to your work visa status.
Many H-1B visa holders transition to permanent residency through an employment-based green card process.
Step-by-step guide to applying for permanent residency
Here’s a general process of applying for permanent residency for work visa holders
Determine eligibility;
Your eligibility for a green card depends on your visa type, job role, and employment history. The most common employment-based green card categories are;
- EB-1
- EB-2
- EB-3
Employer sponsorship;
Most employment-based green cards require employer sponsorship. Your employer must file a Program Electronic Review Management, Labor Certification with the US Department of Labor, demonstrating that no qualified US workers are available for your position
File Form I-140
Once the PERM is certified, your employer files Form I-140 (Immigration Petition for Alien Worker). This petition establishes that you are eligible for an employment-based green card.
Wait for the priority date
Your priority date is the date you file for I-140. Depending on your green card category and country of origin, you may have a waiting period before proceeding to the next step.
You can check the monthly Visa Bulletin to track the availability of green card in your category.
File Form I-485
When your priority date becomes current, you can file Form I-485 (Application to Register Permanent Residence) to switch from a temporary work visa to a Green Card.
If you’re outside the US, you will undergo consular processing instead of filing Form I-485.
Attend biometric and interview
Having submitted Form I-485, you may go in for biometrics and an interview. Ana immigration officer will ask questions to confirm your eligibility for permanent residency.
Receive your green card
Once everything is approved, you’ll receive your Green Card, officially granting you permanent residency in the United States.
Where and how to get US visa sponsorship
US sponsored visa can be a difficult-feet to achieve, however, you can navigate your way around with the right information, kindly follow the recommendations below to get started.
US recruitment websites could be a great place to commence a US sponsorship visa search. Most job openings are outsourced to these recruiters who recruit foreign talents for US companies.
Checking out their websites for sponsored opportunities increases your chances of meeting and utilizing an opportunity.
US job portals like Indeed, Glassdoor, and LinkedIn would usually advertise sponsored job openings, be sure to tailor your CV well enough to sell your experience and unique skills, this will be a competitive edge for you.
Join forums, network and ask through word of the mouth from US residence for possible sponsored openings, people most times have a fare idea of these job opportunities.
Linking up through effective networking could join you with such opportunities.
How to get a job in US from Nigeria
If you are looking to get a job in the US from Nigeria you will need to find a US employer who can prove he has a job and there no American citizen available and qualified to do the job.
The employer will offer you the job and sponsor your visa, though it’s considered time consuming and costly for the employer.
Tips to help you find a job in the US
- Gather your information
- Consider what jobs are good fit for you
- Search for job opportunities online
- Share you are looking for a job with your community
- Look for opportunities in your neighborhood
- Sign up at an employment center
- Contact companies directly.
Which state is easy to get jobs in the US?
New Hampshire is the best state to find a job, due to its low unemployment rate. The state also has the third most job opportunities per capita, as well as an increase in available jobs per year of around 1.7%.
Other top states for finding jobs include; Vermont and Minnesota with low unemployment rate.
Conclusion
A work visa is a type of employment permit that permits you to take a job in a different country, the US in this regard.
If you are from outside the United States and want to accept employment with a US employer, it’s important that you know how to apply for and obtain a visa.
Understanding the types of visas available and what the requirements are for each one may help understand which permit to pursue.