Skip to content
All posts

What's the process for obtaining a visa to work in the United States as a foreign national?

The Process for Obtaining a Work Visa in the United States

Obtaining a work visa in the United States as a foreign national can be a complex process that varies depending on the type of visa you are applying for. The most common work visas are H-1B, L-1, O-1, and TN visas.

H-1B Visa

To apply for an H-1B visa, you must have a job offer from a U.S. employer who is willing to sponsor your visa. Your employer will need to file a petition with the U.S. Citizenship and Immigration Services (USCIS) on your behalf during the designated application period, which usually begins on April 1st of each year. If your petition is approved, you will be issued an H-1B visa.

L-1 Visa

To apply for an L-1 visa, you must have worked for a multinational company outside of the U.S. for at least one year and have been offered a job in the U.S. by the same company or its subsidiary. Your employer will need to file a petition with the USCIS on your behalf. If your petition is approved, you will be issued an L-1 visa.

O-1 Visa

To apply for an O-1 visa, you must have extraordinary ability in a field such as science, art, education, business, or athletics. You must have been recognized nationally or internationally for your achievements. You can apply for the O-1 visa either as an individual or through an employer. If you are applying as an individual, you need to file a petition with the USCIS. If you are applying through an employer, your employer will need to file a petition on your behalf. If your petition is approved, you will be issued an O-1 visa.

TN Visa

To apply for a TN visa, you must be a citizen of Canada or Mexico and have a job offer from a U.S. employer in a profession that is listed under the North American Free Trade Agreement (NAFTA). You will need to provide documentation to show that you meet the qualifications for the profession. You can apply for the TN visa either at a port of entry or through the USCIS. If your application is approved, you will be issued a TN visa.

Please note that the process and requirements for obtaining a work visa can be complex and may vary depending on your individual circumstances. It is recommended that you consult with an experienced immigration attorney for guidance and assistance with your specific situation.