How to Start Working In The USA As An International Worker
Thousands of skilled professionals come to the USA every year to realize the dream of a well-paid job in this country. Regulations that regulate the business of an international worker are very strict and include a lot of maneuvers in which immigration laws, visa types, and employer demands must be carefully negotiated.
This is a step-by-step guide on how you should go about getting your work visa and setting up your professional life in the United States. The complicated system behind employer sponsorship, visa applications, and the final route to Green Card (Permanent Residency) is simplified and summarized to provide you with a plan you can easily follow to reach your personal objective.
Obtain an Employment opportunity and Find Your Visa type
Your visit begins with an authentic Job Offer by an employer in the U.S. In contrast to most other nations, you can not usually start the process of obtaining the work visa without the business sponsoring you.
- Actionable Tip: concentrate your International Job Search on organizations that have positive reputations of sponsoring visa jobs. Social networks such as LinkedIn and job search sites frequently provide an option to filter by visa sponsorship.
The Petition Process is initiated by the Employer
After a job suitable has been offered and accepted, it becomes the turn of your potential U.S. employer. They will be required to submit a Petition with the USCIS (U.S. Citizenship and Immigration Services) on your behalf.
- Regarding Nonimmigrant (Temporary) Visas: Form I-129 (Petition for a Nonimmigrant Worker) is submitted by the employer.
- In the case of Immigrant (Permanent/ Green Card) Visas: Form I-140 (Immigrant Petition for Alien Worker) is filed by an employer
Labor Certification
Most Immigrant Visas based on employment require the employer to obtain a Labor Certification (also called PERM) first.
This process will demonstrate to the DOL that the employer put the U.S. labor market to the test and was unable to locate a minimally qualified Lawful Permanent Resident (LPR) or U.S. citizen to fill the job. It is an important show that the practice of recruiting a Foreign Worker will not have a negative impact on the wages and working conditions of American workers.
Waiting to receive approval and receive petition
The entire application packet is forwarded to the USCIS by the employer. Upon approval, the employer will be issued with a Form I-797 (Notice of Action). This is your formal acknowledgement that the USCIS acknowledges your eligibility in the desired visa category.
- Did You Know? USCIS has a wide range of time to process. Other employers use Premium Processing to obtain a more expedited (faster) decision on some types of petitions.
Fill out Visa Application Online ( Visa Application and Consular Steps )
After acceptance of your petition, you will complete Visa Application outside of the U.S (Consular Processing).
- You need to fill the Online Application (DS-160) Nonimmigrant Visas.
- You have to pay the Application Fees.
- You will post a conforming photograph.
Book and Visit Visa Interview
You are supposed to make an appointment in one of the U.S. Consulates/Embassies in your country of residence. This is required by virtually every applicant of the Nonimmigrant Visa.
As a part of the Visa Interview, a Consular Officer will examine your documents and question you about your eligibility and intent. Be prepared to discuss:
- The description of the job and your wages.
- Your schooling and work experience.
- What you are planning when your employment period (temporary visa) ends.
Transition to Permanent Residency (Green Card Path)
In case you want to go long term you will ultimately want to get Permanent Residency (Green Card).
- Employment-Based (EB) Visas: EB Visas are available in five categories (EB-1, EB-2, EB-3, EB-4 and EB-5). The quickest route will depend upon your qualifications–and the necessary Priority Date.
- Self-petition: Extremely talented individuals can apply to one of a variety of self-petitioning programs such as EB-1 (Extraordinary Ability) or EB-2 with a National Interest Waiver (NIW), and receive a waiver of the necessity of a specific job offer and a PERM.
Adjustment of Status or Consular Processing
After your I-140 is granted and your Priority Date is current (that is a visa is available):
- If in the U.S.: You submit your Application to Adjustment of Status (Form I-485) to USCIS to have your status become LPR instead of nonimmigrant.
- If outside the U.S.: You finish Consular Processing at an Embassy/ Consulate in the United States to obtain an Immigrant Visa to visit the U.S. as a Green Card holder.
FAQs
What is the overall U.S. work visa process?
The chronology is quite different. An H-1B visa may require 6-12 months (not including the lottery waiting). The process of obtaining a Green Card may take 18 months up to several years, as it heavily relies on the country the person is charged with and the particular EB category Priority Date.
Which is the greatest obstacle facing overseas workers who want to work in the United States?
At the outset, the most daunting task is to locate a U.S. Employer which will agree to provide Employer Sponsorship. Many companies are discouraged by the expense, legal complications, and administrative overhead involved in filing Form I-129 and in carrying out the Labor Certification process.
Can I switch jobs on an H-1B visa?
Yes, H-1B allows “portability.” Before you can start working with your new employer, he or she must file a new H-1B Petition. When the new petition has been submitted to the USCIS, you can normally begin to work with the new company.
What is a Specialty Occupation?
A Specialty Occupation is one that calls upon a theoretical and practical use of a body of highly specialized knowledge, and a bachelors or higher degree (or equivalent) in a particular specialty. This is one of the main conditions of the H-1B visa.
Should I hire an attorney to help me with the work visa process?
Although this is not mandatory, it is strongly advisable to hire an experienced immigration lawyer. It is associated with complicated paperwork (DS-160, Form I-140, etc.), strict deadlines and adherence to the USCIS and DOL regulations.
Final Thought
The path of becoming an International Worker in the USA is a long race, not a short one. The key to success is to get a hard-working Employer Sponsorship, choose the right Visa Category, and carefully adhere to the procedure identified by the USCIS. You can easily reach your goal of working in the USA by concentrating on your own value as a Professional and working in the legal system prepared and with patience.
Disclaimer
This article is informational and educational and cannot be considered a specific guideline on how to begin working in the USA as an international worker. America has complicated immigration laws that are often modified. It is strongly recommended that any information regarding applications, forms and costs be checked on the official websites of the U.S. Citizenship and Immigration Services (USCIS), the Department of Labor (DOL), or a reputable immigration attorney prior to decision-making.