As an immigrant with specialized skills or education, in order to obtain a work visa in the United States, there are several requirements:
- The individual must have a job offer from a U.S. employer who will sponsor their visa application.
- The job must require specialized knowledge or skills that are not typically possessed by U.S. workers, and the individual must have the necessary education, training, and experience to perform the job.
- The employer must complete and file a labor certification application with the U.S. Department of Labor (DOL), which verifies that there are no U.S. workers who are able, willing, qualified, and available to perform the job being offered to the immigrant worker.
- Once the DOL certifies the labor certification application, the employer must file a Form I-140, Immigrant Petition for Alien Worker, with U.S. Citizenship and Immigration Services (USCIS).
- If the Form I-140 is approved, the individual can apply for a work visa with the U.S. Department of State at a U.S. embassy or consulate in their home country.
There are several limitations and exceptions to these requirements, including certain exemptions for individuals who have earned a degree from a U.S. university, or for individuals who are considered “national interest waiver” candidates due to their significant contributions to their field of expertise. Additionally, there may be other visa options available depending on the individual’s circumstances, such as a temporary work visa or an investor visa.
It is recommended that individuals seek the advice of a licensed immigration attorney for guidance on their specific circumstances, as the application process for work visas can be complex and require careful attention to detail.
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