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How to get a working visa for the USA?

The United States of America is one of the leading states to impart education and employment to immigrants from other countries.

The US is known for its ample job opportunities, better workplaces, and higher salaries than other nations.

Few countries offer such opportunities with impeccable growth experiences, making the US one of the top countries for job seekers and working professionals.

Two kinds of employment receive a work visa to travel to the US. These are:

  • Temporary employment
  • Sponsored/permanent employment

Obtaining a work visa can be a complicated process. The following steps will make it easier for you to understand the process of getting a work visa.

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Before Applying for a Visa

A foreigner and their potential employer must fulfill three crucial requirements before applying for a working visa. These three requirements are essential for an individual to get a visa.

1. Job offer

An individual seeking a temporary visa must apply and receive an offer letter for a job in a company based in the USA.

2. Petition by employer

Once you receive an offer letter for the job, the employer must file a petition in the USCIS. The petition should be filed for Nonimmigrant work. An approved petition is essential to begin a work visa process.

3. Approval by the Department of Labor

The following work visas require approval from the DOL before filling a petition:

  • H-1B
  • H-1B1
  • H-2A
  • H-2B

The certificate from the Department of Labor verifies that the employer needs to hire a foreign national for the vacant job and cannot find an appropriate candidate for the job in the USA.

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After completing the above-mentioned steps and getting approval from the USCIS for the petition, the applicant can begin applying for the visa.

The applicant’s priority should be to fill out Form DS-160, which is for Online Nonimmigrant Visa Application.

All the information entered must be factual and accurate; the language form is available in various languages but should be answered only in English. After the completion of the form, it should be submitted, and the confirmation page should be printed.

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The applicant now needs to schedule an interview at a US embassy in the country where they currently reside.

The receipt number of the approved petition is required to schedule the Interview.

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A successful interview is a result of good preparation. The applicant needs to pay a non-refundable visa application fee before the Interview. Applicants must have all the required documents along with some additional documents, which may vary according to different countries. To prepare in advance, the applicant must visit the embassy or refer to a website.

The required documents are:

  • Valid Passport
  • Nonimmigrant Visa Application confirmation page
  • Application fee payment receipt
  • Passport photo meeting the guidelines
  • The receipt number of the approved petition
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A consulate officer will conduct the Interview. The officer will verify all the documents and ask a series of questions to the applicant. These officers are highly trained to detect lies and incompetence, so being honest and apt is crucial. The officer might reject the visa if they are slightly unsure about your honesty.

The applicants must prove that they have compelling ties to their country and are willing to after the duration of the temporary visa expires. The ties must refer to

  • Owing a residence, they tend to return for
  • Family relationships and a strong bond with the nation
  • Economic situation
  • Long term plans

The applicant is demanded to register their fingerprints at the Interview, and if they get approved, they can pay the visa insurance fees.

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Type of Work Visa

There are various categories of work visas. The applicant’s purpose and type of work will determine the type of visa they need.

H-1B visa: Specialised in a specified occupation

This visa requires a university degree or an equal amount of expertise in a practical field with minimum academic requirements fulfilled.

H-1B1 visa: Free Trade Agreement executive

This visa is only for citizens of chile and Singapore and has the same requirements as an H-1B visa.

H-2A visa: Short term Agriculture worker

An applicant willing to work as a temporary or seasonal agricultural worker can apply for this visa.

H-2B visa: Short term Non-Agriculture worker

Applicants looking forward to getting employed in any industry and not just agriculture can apply for this visa.

H-3 visa: Trainee

Individuals willing to pursue courses only provided by the university or colleges of the United States can apply for this visa. Applicants can also apply to acquire specialized training imparted in the USA. This usually comprises training programs for imparting knowledge to individuals with disabilities.

I visa: Representative of Foreign Media.

Foreign media workers, including reporters and movie crew members, can apply for this visa. With this visa, they can work for an indefinite period in the USA, given the condition that they work for the same company.

L-1 visa: Intracompany Tranferee

A company comprising of locations in different countries can transfer and employ abroad with this visa, given the condition that the employee works in the same company.

O-1 visa: Applicant with exceptional abilities

This visa is for foreign nationals who comprise expertise in science, business, education, athletics, or arts.

P visa: Performace visa

These visas are for athletes, musicians, and artists who enter the United States to perform. These visas include P-1A, P-2, and P-3.

R-1 visa: Short-term Nonimmigrant Religious workers

This visa is for religious workers visiting the United States to work with a religious organization.

Can I convert a visitor visa to a work permit in Australia?

If you wish to come to Australia to work and live, you must consider that the simplest solution is to visit Australia on a visitor visa and then transfer it to a work permit. Most people, though, will find it difficult. That used to be the case, but getting a working visa for Australia is becoming increasingly difficult. But consider this as a very crucial concern which is whether we can convert tourist visas to work visas in Australia or not.

A guest visa cannot be extended or transferred into another form of visa i.e. a working visa. If you want to stay in Australia further as a visitor, you must apply for another visitor visa. Many individuals can only meet the requirements for a Visitor visa Subclass 600.

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How to convert a student visa to a work visa in the USA?

Suppose you are a student pursuing education in the United States and willing to apply for a temporary work visa for employment after graduation. In that case, the following are the steps to be considered.

Regulation H-1B eligibility and Applying The Labor Condition

A job offer in the United States is the foremost requirement. Further, the employer needs to determine your eligibility for H-1B status. To fulfill the requirements, the employment must be for a professional position with a payment plan of a prevailing wage.

The professional position must be acquired with a bachelor’s degree in a specialization in a specific field of study.

The prevailing wage is determined by the Department of Labor (DOL) of the United States.
After fulfilling these requirements, the employers need to submit a Labor Condition Application to the Department of Labor and comply with LCA posting requirements as set forth by the law.

Register to Submit H-1B Petition

There is a limit to admitting new foreigners to a country. Seeing the rising demand for H-1B visas, the government of the United States has made some regulations. The regulations comprise the lottery and pre-registration systems to limit the count of applications per the system. Considering your job to be in the slot, your employee needs to pre-register your application on your behalf.

Filing The H-1B Petition With USCIS

The employer must submit a copy of the nonimmigrant worker petition and supporting documents to the USCIS service centre. USCIS web page for I-129 petitions indicates the service centre for various types of H-1B.

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Preparing Supporting Documentation for H-1B Petition

The employer needs to submit varied documents for H-1B petition; the documents that need to be provided by you are as follows:

  • Copies of your college or university degree and its transcript
  • Copies of all your previously issued I 20 forms
  • Copies of your Employment Authorisation Document if you are currently employed through Optional Practical Training
  • Copies of your I-94 Arrival/Departure record, biographic passport page, and F-1 visa stamp.
  • Supporting documents to be provided by the employer
  • Copy of signed and certified LCA.
  • A support letter comprising information about job requirements, duties, and salary.
  • If applicable, an itinerary with the names and addresses of customers or clients where you will perform your work or visit as a part of your job
Required Forms and Filling Fees to Send USCIS

The employer must submit the following forms to USCIS for the H-1B petition.may extend an invitation to them to submit a visa application.

  • I-129 Petition for Nonimmigrant worker, requesting a change from F-1 to H-1B
  • I-129 H Supplement
  • I-129 Data Collection Form
  • I-907 Request for Premium Processing (Required if the employer wishes to accelerate the process and is willing to pay the fees for the premium process).

The employer must pay an H-1B filing fee, the ACWIA fee, and the fraud prevention and detection fee.

The Department of Labor demands the employer pay all the fees for H-1B virtually. If the employer of the F-1 students is willing the accelerate the process, any of them can pay the required fees for the same.

The fees need to be paid in separate checks or money orders in the currency acceptable in the United States.

Final Words

It is important to note that you must comply with all requirements for your work permit and the conditions of your entry into the United States.

You risk being expelled from the US or denied re-entry if you break any rules.