All you need to know about types of US Work Visas
People who want to get a work visa of US must ensure that the prospective employer or agent in the country should file a petition on behalf of the person and that must be approved by the U.S. Citizenship and Immigration Services (USCIS) before work visa can be applied.
This applies to all applicants in the H, L, O, P and Q visa groups. This petition is known as Form I-129 and when it is approved, a Notice of Action (Form I-797) can be expected to be received by the employer or agent. The consular office can verify the approval through the Department of State’s Petition Information Management Service (PIMS) during the interview. All the different types of work visas are further listed out for understanding.
Specialty Occupation Visa – It is also known as H-1B visa. In this type of visa arrangement, the employer has to notify a labour condition application with the US Labour Department mentioning all the terms and conditions of the contract of employment with the employee. It can be obtained by people who go to the US for a pre-arranged job. There are certain requirements that must be met as per the USCIS which include:
- The applicant must have a bachelor’s or higher degree in the specific trade for which employment is being sought.
- USCIS will determine whether the trade falls into a specialty occupation and
- USCIS will determine the employee’s qualification and eligibility for the job.
Treaty-based Temporary Work Visa – It is also known as H-1B1 visa. There is a free trade agreement signed by US with Singapore and Chile. As per the agreement, residents of only both these countries can avail H-1B1 visa, if they have a job offer from an US employer in their selected work area.
Form I-129 and Form I-797 can be done away with.
Seasonal Agricultural Workers – It is also known as H-2A visa. An US employer has to fill in a Form I-129, which is a petition on behalf of a non-immigrant worker. This type of visa can be availed by US employers to fill in the post of temporary agricultural works for which US workers may not be available.
Skilled and Unskilled Workers – It is also known as H-2B visa. This type of visa can be useful when a person visits the US for a seasonal or temporary job and for which, there may not be enough US workers. The employer may have to get a US Labor Department certification confirming the workers petition and also that there is a shortage of US workers for the same.
Trainee Visa – It is also known as H-3 visa. Apart from getting a graduate education, if a person is planning to go to the US and stay there till 2 years as part of getting any training, then this visa may be needed. A person can also be paid on this type of training. However, it cannot be used for securing employment.
Apart from all these popular visas, there are also Intra-company Transferees Visa (L-1), Dependents Visa (L-2), O, P and Q visas that can be used to get a foothold in the US and work and stay there in a very comfortable environment.
