Work Permit Visa
About the process
Besides being a country where many people go for touristic purposes, the US is also a popular working destination. People from all over the world want to work in the US because of the high salaries and good working environments.
There are two ways through which you can go to the US for employment purposes:
Employer-specific work permit
An employer-specific work permit lets you work in Canada according to the conditions on your work permit, such as
- the name of the specific employer you can work for
- As a temporary employee
- As a sponsored/permanent employee
Work Visa USA Types
Here are the types of US Temporary Work Visa:
- H1B visa: 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.
The H1B visa is a temporary work visa that allows US employeres to hire highly qualified workers for specialty jobs. It is also referred to as Person in Specialty Occupation Visa.
- H-1B1 visa: Free Trade Agreement (FTA) Professional Chile, Singapore. To work in a specialty occupation. Requires a post-secondary degree involving at least four years of study in the field of specialization
There are different US non-immigrant visas, one of the categories being the work visa USA. Within the work visas, the most popular ones are H-1 Visas. The H-1 visa is for nationals to apply to work in the US temporarily as professionals. Most H visas allow nationals from all over the world to apply for a chance to work in the US for a specified period of time. However, one visa category is directed at only two nationalities, and that is the H-1B1 visa.
The H-1B1 visa is of two types only :
- H-1B1 Visa Chile
- H-1B1 Visa Singapore
- H-2A visa: 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 visa: 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 visa: 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.
- I visa: Representatives of Foreign Media. The visa allows journalists and those who work in the information or media sector to complete their work while in the US.
- L1 visa: 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
- P-1 visa: 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 visa: 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 visa: 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.
- R-1 visa: Temporary Nonimmigrant Religious Workers. To help foreign nationals to come to the US and work in a religious organization. Only ministers and those who are directly tied to religious work are qualified.
- TN visa: NAFTA Workers. This visa allows lawyers, scientists, engineers, teachers from Canada to work in the US temporarily.
- O1 Visa: Visa for persons with extraordinary abilities. The O1 visa is for those who show expert knowledge in science, business, education, athletics, or art, including international recognition for their work.
Work Visa USA Qualifications
There are three preconditions that someone interested in obtaining a US work visa needs to fulfill before applying for it. If you do not meet even one of these conditions, the Embassy might deny your visa application. This will make you unable to travel to the US and work there. These preconditions are as follows:
Have a Job offer in the US
You need to have applied for, and been accepted in a job position within the US in order to qualify for a work visa. That is because the US requires several documents from your employer before you start your visa application.
Approved petition by the US Citizenship and Immigration Services (USCIS)
This requirement means that before you apply for a US work visa, your employer must file a Petition for a Nonimmigrant Worker with USCIS. This petition, otherwise known as a I-129 form is the most important document for you to get your work visa. When USCIS approves your employer’s petition, you can start applying for the visa. However, if your petition is approved, that does not necessarily mean that the US Embassy will automatically give you a work visa. Due to reasons that might remain at the discretion of the Embassy, you could be denied the work visa even if your USCIS petition is approved.
Labor certification approval by the Department of Labor (DOL)
Some of the work visas, more specifically the H-1B, H-1B1, H-2A, and H-2B also require your employer to have a certification from DOL. Your employer should apply for the DOL on your behalf before even filing the petition with USCIS. The US government requires this certification as proof that US employers need foreign workers. They have to prove that they cannot fill those work positions with US employees. In addition, the certification is needed in order to ensure that temporary foreign workers are not having an impact on job opportunities for US citizens in a negative way.
Eligibility requirements if you apply from outside Canada
Anyone can apply before they enter Canada. However, there may be visa office requirements that you need to meet depending on what country or territory you're applying from. Make sure you follow the instructions for how to apply.
US Work Visa Requirements
In addition to fulfilling the three qualifying preconditions, you will also need to have these documents:
- Valid passport which needs to be valid for the entire duration of your stay in the US and an additional six months after you return
- US visa photo which you need to upload when you fill out the online application form.
- The Receipt Number, which you can find on your approved Petition for a Nonimmigrant Worker (I-129 Form) which your employer filed.
- A confirmation page that you have completed your Nonimmigrant Visa Application (DS-160 Form).
- Receipt that proves that you have paid the application fee. For US work visas, the application fee is $190. There might also be additional fees that apply to your location, so you should check with your local US Embassy about more details
- Proof that you will return to your home country after your work in the US ends. This applies to all types of work visas with the exception of the H-1B and the L visa. Examples of how you can prove you will return from the US include the following:
- Submitting your economic situation
- Your family relationships
- Any long term plans you might have
- Residence that you plan on returning to
- For those applying for an L Visa, you will also need to have a filled I-129S form (Nonimmigrant Petition Based on Blanket L Petition). You should bring this form with you when you have your visa interview.
Besides these general requirements, which apply to all those who want to get a US work visa, there might also be other documents which you need to submit. You should contact your local US Embassy for more detailed information.
Eligibility requirements if you apply when you enter Canada at a port of entry
You should apply for your work permit before you travel to Canada.
Work Visa USA Application Procedures
If you have fulfilled the three prequalifying conditions and gathered the necessary document, then you qualify to start your application for the US work visa. The way you can apply is by completing the following steps:
Complete the Online Nonimmigrant Visa Application (Form DS-160) and print the confirmation page
The information you enter into the DS-160 form must all be correct. If you submit any incorrect information, the Embassy will have reason enough to deny you the visa. In addition, the DS-160 form is available in many languages, but your answers must be in English.
Schedule your interview
Due to the high number of applications that US Embassies receive, you should make sure that you schedule your interview as soon as you meet all the requirements. If you are younger than 13 years old or older than 80 years old, a visa interview is generally not required. As for people between the ages of 14 and 79, interviews are required, but there can be exceptions if you are just renewing your visa.
Attend the interview
Your interview and the information on the DS-160 form will serve for the US Embassy to make their decision on whether you should be given a visa or not. That is why, it is highly important that you show up to the interview on time, dressed appropriately, and with all the necessary documents. In addition, you should answer all questions as fully as possible, always giving true information. Visa interviewers are trained to detect when someone is providing false information, so if you do that, they will deny your visa.
Complet additional procedures
You will be required to give digital fingerprints before, during, or after your interview depending on your location, as well as pay any additional fees. After the visa processing, if the US Embassy gives you the work visa, you might also be required to pay a visa issuance fee. The amount of the visa issuance fee is determined based on your country of origin.
Click to get access to the US embassy website