How to File for a Work Visa

If you are a citizen of a country that is not the United States, and you want to enter the United States to work, you will need to obtain a nonimmigrant visa for temporary stay. Temporary worker visas allow you to work within the United States for a definite amount of time. Before you apply for a visa, your potential employer will have to file a petition with the United States Citizenship and Immigration Services (USCIS). If the petition is approved, you will be able to apply for a visa, which will likely include being interviewed by a United States embassy or consulate employee. If your visa is approved, you will be able to request permission to enter the United States. [1]

Part 1
Part 1 of 4:

Obtaining an Approved Employer Petition

  1. The United States separates worker visas into different categories depending on the type of work you plan on performing while in the country. You need to know what type of visa you are going to apply for, as each category will have different filing requirements. The most common temporary worker visa categories include: [2]
    • H-1B visas for individuals in specialty occupations (e.g., fashion models, government-to-government research and development personnel)
    • H-2A visas for temporary agricultural workers
    • H-2B visas for temporary non-agricultural workers
    • H-3 visas for trainees and special education visitors
    • L visas for intracompany transferees
    • O visas for people with extraordinary abilities or achievements
    • P-1 visas for individuals that are a part of an athletic team or entertainment group
  2. If you are seeking a temporary visa in any of the H-1B, H-2A, or H-2A categories, your employer will need to get a certification from the Department of Labor (DOL) before they will be able to file a petition. The certification program is meant to make sure that the visa approvals will not adversely affect job opportunities for United States citizens. [3] If you think your potential employer will need DOL certification, tell them to visit the DOL website and complete the following steps: [4]
    • Ensure that the open position meets the criteria set out by DOL
    • Fill out the proper DOL form
    • Ensure that you will be paid a fair wage
    • Mail the completed documents to the proper DOL office
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  3. If DOL certification is not required, or if DOL certification has been approved, your potential employer will next have to fill out USCIS Form I-129, Petition for a Nonimmigrant Worker. This form must be filled out by the employer on your behalf. The form, as well as directions, can be found on the USCIS website. The form itself is 36 pages and must be filled out completely and accurately in order to be approved. In general, the form will ask your potential employer for the following information: [5]
    • The employer's personal information
    • Details about the petition (e.g., what type of visa is being applied for, whether you are a new or returning worker)
    • Your personal information
    • The location where you will be conducting your interview
    • Details about the type of employment you will be undertaking
    • Attached supplements depending on what type of visa you will be applying for (e.g., the H Classification Supplement)
  4. Once your potential employer fills out USCIS Form I-129, they must attach the proper filing fee to the petition. As of 2016, the filing fee is $325. [6]
  5. The completed paperwork, as well as the proper fee, must be sent to a specific USCIS service center. The service center your potential employer will have to file at depends on the type of visa you will be applying for, and where you plan on working. Make sure your potential employer checks the USCIS website for up-to-date information regarding filing procedures. [7]
  6. USCIS will work diligently to come to a decision regarding your potential employer's petition. If the petition is approved, USCIS will send your potential employer a Notice of Action, Form I-797. [8]
    • Once the petition is approved, your potential employer will inform you that you can apply for a visa.
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Part 2
Part 2 of 4:

Applying for a Visa

  1. Every embassy or consulate will have different procedures for applying for a nonimmigrant visa. Check with the local United States embassy or consulate in the country you live in for the best instructions. The easiest place to find this information will usually be the embassy's website. [9] You can find your local embassy or consulate website online. [10]
  2. While procedures will differ from locale to locale, you will always have to fill out a visa application online with the United States Department of State (DS). Once you access the DS nonimmigrant visa application page, you will click the "start an application" button to get started. [11]
    • Before you click to start the application, make sure you have your passport, travel itinerary, information about previous visits to the United States, and your resume near you. You will need this information to complete the application. [12]
  3. The application you fill out is technically called Form DS-160. When the application starts, make sure you write down the Application ID number, which you can find in the top right corner of your screen. You will need this number in case you need to close your browser and continue your application at a later time. Make sure you answer every question honestly and completely. If you fail to do so, your application may not be accepted.
    • Your answers need to be in English. The only time you are allowed to use any other alphabet is when you are providing your name.
    • Once you answer all the questions you will be given an opportunity to check your work. Make sure you do this to ensure the accuracy of your application.
    • Click on the "Sign Application" button when you are ready to submit your application. [13]
  4. After you sign your application, you can submit it immediately online. Once you submit your application, you will receive a confirmation with a barcode on it. [14] Print this confirmation page and keep it safe. You must have this confirmation with you at every stage of the visa application process (e.g., at your interview). If you do not have the confirmation page, your visa may not be processed. [15]
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Part 3
Part 3 of 4:

Conducting an Interview

  1. United States embassy employees have the discretion to interview any visa applicant they want. In general, if you are 13 and younger, or if you are 80 and older, you will not have to take part in an interview. If you are between the ages of 14 and 79, you are generally required to take part in an interview.
    • Regardless of your age, contact the United States Embassy or Consulate in your country to determine what you will need to do.
    • When you contact your local Embassy or Consulate, you will schedule an interview. Wait times for these interviews vary depending on your location, the time of year, and what type of visa you are applying for.
    • In order to schedule your interview, you will need to provide the receipt number printed on your approved Form I-129 or Form I-797. [16]
  2. Some countries will require you to pay the non-refundable visa application fee before your interview while other countries will collect it after. The fees will vary depending on your country and what type of visa you are applying for. In general, the fee will be around $190. [17]
  3. Before your interview, you need to make sure you are prepared. In general, you will need to bring your passport, Form DS-160 confirmation page, application fee payment receipt, photo, and your Form I-129 or I-797 receipt number.
    • You may be required to bring other documents as well. Make sure you check with your local embassy or consulate for more information. For example, a lot of visa applicants will also need to provide documentation proving compelling ties to your home country in order to demonstrate your intention of returning after your visa expires. This might include a proof of residence as well as strong family ties. [18]
  4. During your interview, you will sit down with a United States employee who will determine your eligibility for a visa. They will ask you questions to make sure you meet the necessary requirements. During your interview, you will also usually get your fingerprints taken.
    • After your interview, you will be told whether you need to take any further action to move your application forward. [19]
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Part 4
Part 4 of 4:

Entering the United States

  1. If your visa is approved, you will be informed and your passport and visa will be returned to you. The time it takes to process your complete visa application will vary but you can check current wait times by visiting the DS website. [20] In some countries, you may have to pay a visa issuance fee in order to have your visa and passport released to you. Check with DS if you think you may have to do this. [21]
  2. Once you receive your passport and visa, you will be free to travel to a United States port-of-entry, which will generally be an airport. However, a visa does not guarantee you entry into the United States. Once you travel to a port-of-entry, you will need to request permission to enter. [22]
  3. When you reach the Department of Homeland Security (DHS) or Customs and Border Protection (CBP) checkpoint at your port-of-entry, you will need to present your passport and visa for inspection. The officials working at these checkpoints have the ultimate authority to permit or deny your entrance. They may ask you questions or examine your documents to make sure you are entering the United States for proper reasons.
    • If you are allowed to enter the United States, the official will stamp your visa and/or passport. [23]
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      Warnings

      • This article focuses on citizens of other countries who wish to enter the United States to work. If you are a United States citizen wanting to work in another country, visit that country's official travel website for more information.
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      References

      1. ↑ https://travel.state.gov/content/travel/en/us-visas/employment/temporary-worker-visas.html
      2. ↑ https://travel.state.gov/content/travel/en/us-visas/employment/temporary-worker-visas.html
      3. ↑ https://www.foreignlaborcert.doleta.gov/hiring.cfm
      4. ↑ https://www.foreignlaborcert.doleta.gov/about.cfm
      5. ↑ https://www.uscis.gov/i-129
      6. ↑ https://www.uscis.gov/i-129
      7. ↑ https://www.uscis.gov/i-129-addresses
      8. ↑ https://travel.state.gov/content/travel/en/us-visas/employment/temporary-worker-visas.html
      9. ↑ https://travel.state.gov/content/travel/en/us-visas/employment/temporary-worker-visas.html
      1. ↑ https://www.usembassy.gov/
      2. ↑ https://ceac.state.gov/genniv/
      3. ↑ https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/forms/ds-160-online-nonimmigrant-visa-application/ds-160-faqs.html
      4. ↑ https://ceac.state.gov/genniv/Common/Instructions.aspx
      5. ↑ https://ceac.state.gov/genniv/Common/Instructions.aspx
      6. ↑ https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/forms/ds-160-online-nonimmigrant-visa-application/ds-160-faqs.html
      7. ↑ https://travel.state.gov/content/travel/en/us-visas/employment/temporary-worker-visas.html
      8. ↑ https://travel.state.gov/content/travel/en/us-visas/employment/temporary-worker-visas.html
      9. ↑ https://travel.state.gov/content/travel/en/us-visas/employment/temporary-worker-visas.html
      10. ↑ https://travel.state.gov/content/travel/en/us-visas/employment/temporary-worker-visas.html
      11. ↑ https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/wait-times.html
      12. ↑ https://travel.state.gov/content/travel/en/us-visas/employment/temporary-worker-visas.html
      13. ↑ https://travel.state.gov/content/travel/en/us-visas/employment/temporary-worker-visas.html
      14. ↑ https://travel.state.gov/content/travel/en/us-visas/employment/temporary-worker-visas.html

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