Immigrants frequently come to the United States for employment opportunities but need help figuring out how to live and work here. Work visas help many enter, travel, and work in the United States, but obtaining one before you arrive at a border is critical. If you don’t know how to apply for a work visa in the United States, a work visa attorney may be able to help.
Understanding Visa Categories for Employment
Temporary worker visas are typically for immigrants working in the country for a predetermined time. Different temporary work visas are available for various work areas, so you’ll need a suitable one. You may also need to apply for a work permit, depending on the visa type. Additionally, if your spouse or children join you, they’ll need separate visas.
Most temporary work visas cover different employment groups, including:
- Special Occupation Workers – H-1B visas include occupations, like medicine, requiring a degree.
- Free Trade Agreement Workers – H-1B1 visas are for Chileans or Singaporeans in specialty occupations.
- Agricultural Laborers – H-2A visas cover temporary or seasonal agricultural work, limited to designated countries.
- Training and Education – H-3 visas help individuals receive training they can’t get in their home country.
- Intracompany Transferees– L visas are exclusive to managers or executives transferring within their company.
- Persons with Extraordinary Accomplishments – O visas apply to individuals with extraordinary abilities or achievements in specific fields.
- Athletes and Entertainers—P-1 visas cover individual athletes or entertainers, and P-2 and P-3 visas are for athletic teams or group entertainers. P-3 visas are best for groups that coach or teach as part of their work.
- Cultural Exchange Participants – Q-1 visas include people belonging to international cultural exchange programs.
Read the temporary work visa categories to help you better understand the specific visa type for your situation.
Steps to Apply for a Work Visa
Expect to communicate with your prospective employer throughout the process to provide necessary paperwork and status updates. They’ll need to help you with the initial steps, including:
- Providing Job Proof – You, or the employer, must show evidence of the job requiring you to enter the country.
- Filing a Petition—Your future employer must file the necessary petition with the U.S. Citizenship and Immigration Services (USCIS) to jumpstart the work visa application process. Once the USCIS approves your petition, you can apply for a work visa.
- Submitting an Application – Choose an embassy to apply at, and visit their website before submitting your application to ensure you don’t miss critical details.
Some visas need labor certifications, which your employer must apply for through the U.S. Department of Labor.
Work Visa Documentation and Interview Process
Most work visa applicants between ages 14 and 79 must interview at a U.S. Embassy or Consulate. You can interview at any U.S. embassy location, but it’s likely easier to go where you submitted your application.
To improve your chances of obtaining a visa, collect and organize the required documentation to bring with you for your interview. Schedule your interview as early as possible to secure a spot on the calendar. You may not receive a visa if you don’t bring the required paperwork, including:
- Passport – Your passport must be valid for at least six months past your time in the States.
- Nonimmigrant Visa Application Form – You must complete this form online and print a copy for your interview.
- Proof of Application Fee Payment – Print out the receipt for your application fee to show you’ve paid.
- Photo – Bring a photo meeting the requirements if you didn’t upload one when you completed your application.
- Petition Receipt Number – You can find this number on your petition, I-129 Form, or Notice of Action I-797 form.
Depending on the requirements of your chosen embassy or consulate, you may need to bring additional documentation.
At the interview, you can expect the consular official will:
- Determine Your Eligibility – Using your paperwork, they’ll decide whether you’re eligible for any work visa.
- Find the Best Visa – If eligible, they’ll confirm the perfect temporary visa for your circumstances and the work you’ll be doing.
- Take Your Fingerprints – They’ll usually register your fingerprints digitally as part of your application at the interview or later.
Some applicants’ visas take longer to process than others, and the consular official should be able to provide insight into your timeline to help you plan for entry. Don’t move until you receive a work visa.
Contact An Austin Immigration Attorney Today
If you’re feeling anxious about obtaining a work visa, we can help. Our experienced Texas immigration attorneys at the Law Office of William Jang, PLLC are happy to help with interview prep, offer personalized guidance, and check on your petition status. We aim to make the transition to living and working in the United States easy. Call us at (512) 323-2333 to begin the process of obtaining a work visa today.
