Obtaining A Work Travel Visa: Your Guide To America

If you want to work in the United States as a non-US citizen, you will need to obtain a visa. The type of visa you need depends on your country of origin, the type of work you will be doing, your qualifications, and how long you plan to stay in the US. This text will outline the process of obtaining a work travel visa for a temporary stay in the US.

Temporary work visas

To obtain a temporary work visa for the US, you must first ensure that you meet the eligibility criteria. The US government offers 11 types of temporary worker visas, each with its own requirements. Here is a detailed overview of the process and the different visa categories:

Eligibility Criteria:

Before applying for a temporary work visa, you must meet certain eligibility criteria. Firstly, your prospective employer must file a petition with the United States Citizenship and Immigration Services (USCIS) on your behalf. Once this petition is approved, you can proceed with your visa application. Most temporary worker visa categories require an approved petition, except for specific cases like the nonimmigrant E-1, E-2, E-3, and TN classifications.

Temporary Worker Visa Categories:

• H-1B Visa (Specialty Occupation): This visa is for applicants working in specialty occupations, requiring at least a bachelor's degree or equivalent experience. This includes fashion models, physicians, and DOD project participants.
• H-1B1 Visa (Free Trade Agreement (FTA) Professional - Chile, Singapore): It is designed for applicants from Chile or Singapore working in specialty occupations. Applicants must have a post-secondary degree involving a minimum of four years of study in their field of specialization.
• H-2A Visa (Temporary Agricultural Worker): This visa is meant for individuals performing temporary or seasonal agricultural work. Only citizens or nationals of designated countries are eligible, with a few limited exceptions.
• H-2B Visa (Temporary Non-agricultural Worker): Applicants performing temporary or seasonal non-agricultural work can apply for this visa. Similar to the previous category, only citizens or nationals of designated countries are eligible, with some exceptions.
• H-3 Visa (Trainee or Special Education Visitor): This visa is for applicants seeking training (except graduate medical or academic training) that is not available in their home country. It also includes practical training programs in the education of children with special needs.
• L Visa (Intracompany Transferee): The L visa is for applicants working in managerial or executive roles or positions requiring specialized knowledge. The applicant's current employer must be the petitioner, and the applicant must have worked for the same employer abroad for at least one year within the last three years.
• O Visa (Extraordinary Ability or Achievement): This visa is designed for applicants with extraordinary abilities or achievements in science, art, education, business, or athletics, as well as those recognised in the motion picture and television fields. It also includes individuals who accompany and assist the primary O-1 visa holder.
• P-1 Visa (Individual or Team Athlete, or Member of an Entertainment Group): Recognised athletes or members of an entertainment/sports group who will perform at a specific athletic competition or entertainment event can apply for this visa. It also covers individuals providing essential support services to the primary visa holder.
• P-2 Visa (Artist or Entertainer - Individual or Group): This visa is for artists or entertainers, either individuals or groups, who will perform or participate in a reciprocal exchange program between organisations in the US and another country. It includes artists providing essential services to the primary visa holder.
• P-3 Visa (Artist or Entertainer - Individual or Group): Artists or entertainers, either individuals or groups, who will perform, teach, or coach under a unique cultural program can apply for this visa. This includes traditional ethnic, folk, cultural, musical, theatrical, or artistic performances. It also covers essential support personnel.
• Q-1 Visa (Participant in an International Cultural Exchange Program): This visa is for applicants participating in international cultural exchange programs. These programs can focus on cultural labour, training, or sharing the history, culture, and traditions of the applicant's home country.

Additional Information:

Some temporary worker categories have annual limits on the number of approved petitions. Before applying for a specific visa category, it is essential to refer to the USCIS website for detailed information on eligibility requirements, application processes, and any recent updates.

Permanent work visas

To obtain a permanent work visa for the US, you need to meet certain requirements and apply for one of the five categories of immigrant visas. Each category is intended for different professions or skills. Some categories require you to have a job offer from a US employer (a sponsor) before submitting your visa application.

Some categories require the employer (sponsor) to file an application with the United States Citizenship and Immigration Services (USCIS) and obtain a labor certification from the Department of Labor (DOL). The DOL labor certification verifies that there are insufficient qualified US workers to fill the position and that hiring a foreign worker will not adversely affect the wages and working conditions of US workers in similar roles.

The five categories of permanent worker visas are:

• First Preference EB-1: For persons of extraordinary ability in the sciences, arts, education, business, or athletics; outstanding professors or researchers; and multinational executives and managers.
• Second Preference EB-2: For members of professions holding advanced degrees or for persons with exceptional ability in the arts, sciences, or business.
• Third Preference EB-3: For professionals, skilled workers, and other workers.
• Fourth Preference EB-4: For "special immigrants," including certain religious workers, employees of US foreign service posts, retired employees of international organizations, noncitizen minors who are wards of courts in the United States, and other classes of noncitizens.
• Fifth Preference EB-5: For business investors who invest $1,050,000 or $800,000 (if the investment is made in a targeted employment area) in a new commercial enterprise that employs at least 10 full-time US workers.

Visa categories

There are two main types of visas for those seeking to work in the United States: non-immigrant visas and immigrant visas. Non-immigrant visas are for those who want to work in the US for a fixed period, while immigrant visas are for those who want to live and work in the US permanently.

Non-immigrant Visas

The most common type of non-immigrant work visa is the H-1B visa, which is for people in a specified professional or academic field or with special expertise who have a college degree or higher, or its equivalent in work experience. Other types of non-immigrant visas include:

• H-2A and H-2B visas: for seasonal or peak load temporary workers in agriculture (H-2A) or non-agricultural (H-2B) settings.
• H-3 visas: for those seeking training, except graduate medical school or training, or training to meet the needs of those who require special education.
• I visas: for eligible members of the foreign press, including reporters, film crews, and editors, representing a foreign media outlet.
• L visas: for those transferring within a company they already work for, either at the executive/management level (L-1A) or through specialized expertise (L-1B).
• O visas: for those with extraordinary and exceptional abilities or achievements across industries, as well as those who travel with or are family members of the person of extraordinary ability.
• R visas: for non-immigrant religious workers who are members of a religious denomination with official non-profit status in the US.

Immigrant Visas

There are five key types of employment-based immigrant visas:

• First Preference EB-1: for those with "extraordinary ability" in fields like business, academics, research, science, arts, or athletics.
• Second Preference EB-2: for professionals holding an advanced degree or foreign equivalent, or who can prove at least ten years of experience in a field, or whose employment is in the national interest of the US.
• Third Preference EB-3: for those holding a bachelor's degree or foreign equivalent, as well as skilled and unskilled labourers with a non-temporary job offer from a US employer.
• Fourth Preference EB-4: a specialized category that includes certain religious workers, employees of US foreign service posts, retired employees of international organizations, and noncitizen minors who are wards of courts in the US.
• Fifth Preference EB-5: covers the Immigrant Investor Program, for people who invest either $1.8 million or $900,000 in a new commercial enterprise that employs at least 10 full-time US workers.

Visa applications

To obtain a work travel visa for America, you must first determine whether you are applying for a temporary work visa or an employment-based green card. A temporary work visa allows you to stay in the US for a specific amount of time, while an employment-based green card grants you permanent resident status.

Temporary Work Visa

There are 11 categories of temporary worker visas, each requiring different qualifications and application processes. The most common types of temporary work visas include:

• H-1B Visa (Specialty Occupations): This visa is for individuals working in a specialty occupation that requires a high level of skill or education.
• H-2A Visa (Temporary Agricultural Worker): This visa is for individuals performing temporary or seasonal agricultural work. Only citizens or nationals of designated countries are eligible.
• L Visa (Intracompany Transferee): This visa is for applicants working in a managerial or executive capacity or a position requiring specialized knowledge.
• O Visa (Extraordinary Ability): This visa is for individuals with extraordinary abilities or achievements in fields such as science, art, business, or athletics.
• P Visa (Entertainment and Performance Workers): This visa is for recognised athletes, members of an entertainment/sports group, or those providing essential services in support of the above individuals.

To apply for a temporary work visa, you must typically have an approved petition. The prospective employer must file the petition on your behalf, and it must be reviewed and approved by the United States Citizenship and Immigration Services (USCIS). Once the petition is approved, you can proceed with the visa application process, which may include an interview at a US Embassy or Consulate.

Employment-Based Green Card

The employment-based category for green cards is divided into five sections: EB-1, EB-2, EB-3, EB-4, and EB-5. Each category has specific requirements and qualifications. For example, the EB-1 category is for priority workers with extraordinary abilities, outstanding professors, and multinational managers or executives. On the other hand, the EB-3 category is based on work experience, and the EB-5 category is for immigrant investors.

To apply for an employment-based green card, you may need to file an immigrant petition (Form I-140) and obtain a labour certification from the Department of Labor (DOL). You may also need to establish your eligibility by meeting certain conditions and complying with all requirements.

Visa interviews

To obtain a work travel visa for America, you will need to attend an interview at a U.S. Embassy or Consulate. Here are some tips to help you prepare for your visa interview:

Know the Language

Anticipate that the interview will be conducted in English. If English is not your native language, consider practising English conversation with a native speaker before the interview.

Understand Your Status

Under United States law, all applicants for non-immigrant visas are viewed as intending immigrants until they can convince the consular officer that they are not. You must be able to demonstrate that you have strong reasons for returning to your home country after your work or studies are complete. These reasons could include a job offer back home, family ties, or financial prospects that you own or will inherit.

Dress Appropriately

First impressions count. Dressing smartly and appropriately for your interview will help create a positive first impression.

Be Prepared

Ensure you have all the required original or certified copy civil documents with you. Failure to bring all the required documents to the interview may cause delays or even result in your visa being denied. Required documents typically include:

• The interview appointment letter
• Your unexpired passport, valid for six months beyond the intended date of entry into the United States
• Photographs—usually two identical colour photographs that meet the general Photograph Requirements
• The DS-260 Confirmation Page
• Supporting documents, such as education and work certificates
• English translations of any required documents that are not already in English
• Visa fees, if applicable

Be Clear and Concise

Keep your answers to the consular officer's questions clear, concise, and to the point. Be honest and forthcoming about your purpose and plans for travelling to the United States.

Stay Positive

Maintain a positive attitude throughout the interview. If you are denied a visa, ask the officer for a list of documents you should bring to overcome the refusal and try to get the reason for the denial in writing.

Frequently asked questions