The process for obtaining a work visa in the United States will depend on the type of visa for which you are applying. Generally, work visas fall into two categories: temporary work visas and permanent employment-based visas.
For temporary work visas, such as the H-1B visa, the employer must first apply for a Labor Condition Application (LCA) with the U.S. Department of Labor. The LCA establishes that the employer will pay the prevailing wage and working conditions to the foreign worker. Once the LCA is approved, the employer can file an H-1B petition with the U.S. Citizenship and Immigration Services (USCIS) on behalf of the foreign worker. The petition must be filed during the H-1B visa application period, usually in April each year. If approved, the employee can begin work on October 1st of that year.
The processing time for the H-1B petition can vary, but can take several months. Premium processing is available for an additional fee, which guarantees a response from USCIS within 15 days. However, premium processing is currently suspended due to the pandemic.
For permanent employment-based visas, the process can take significantly longer. The employer must first obtain a Labor Certification from the Department of Labor, which can take several months to over a year. Once the Labor Certification is obtained, the employer can file a petition with USCIS. There are also other forms and fees that must be submitted during this process. If the petition is approved, the foreign worker can apply for an immigrant visa and adjust their status to a lawful permanent resident.
Overall, the processing time for work visas can vary depending on the type of visa and individual circumstances. It is important to seek the advice of an experienced immigration attorney who can assist with the process and provide guidance on any potential limitations or exceptions.
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