What are the requirements for obtaining a work visa in the United States?
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To obtain a work visa in the United States, the applicant must satisfy several requirements set forth by the U.S. government. The type of visa an individual must obtain depends on their specific situation, work experience, and the industry they work in. The most common types of work visas are H-1B visas, L visas, and O visas.
To obtain an H-1B visa, the employer must first file a Labor Condition Application with the Department of Labor in which they attest to a number of statements regarding the job’s requirements and working conditions, and that they will pay the employee the prevailing wage for their position in the specific geographic location. Once this is approved, the employer can proceed with filing Form I-129, Petition for a Nonimmigrant Worker, which details the job offer and the qualifications of the applicant. The applicant must have at least a bachelor’s degree or the equivalent, and possess specialized knowledge in their field of employment. The H-1B visa is valid for up to three years and can be extended for an additional three years.
For an L visa, an individual must have worked for a related foreign company for at least one year and be transferred to a U.S. branch or subsidiary of that company. The employer must file Form I-129 with the USCIS, and the applicant must have worked for the foreign company in an executive, managerial or specialized knowledge capacity. The L visa can be valid for up to seven years.
Last but not least, the O visa is for individuals who possess extraordinary ability in arts, sciences, education, business, or athletics. The applicant must demonstrate that they are among the small percentage of individuals who have risen to the top of their field through sustained national or international acclaim. The petitioner must file Form I-129 with the USCIS and provide substantial evidence of the applicant’s accomplishments and reputation in their field. The O visa is valid for up to three years, with the possibility of extension.
It is important to note that there are limits to the number of visas that are available for each type of visa mentioned above, which may vary from year to year. Additionally, there may be exceptions or additional requirements based on each individual’s particular circumstances. It is recommended that individuals seek the advice of a licensed attorney experienced in immigration law for a full assessment of their eligibility and to navigate the complex visa process.
