How to Work in the USA

In visa terms, "temporary" simply means "not permanent." You have to renew your visa every few years, depending on the specific class of visa you have. This usually requires you to return to your home country. ^[11]

1. 1
   Ask your American employer to file a petition on your behalf. Typically, you'll need to already have a job before you apply for a nonimmigrant visa to work in the US temporarily. The employer who extended you a job offer is responsible for filing a petition with USCIS so you'll be eligible for a visa. ^[12]

   • Some categories require labor certification or approval from the US Department of Labor. The categories that require certification are listed in the instructions for the petition.
   • There are a few categories of temporary non-immigrant work visas that will allow you to come and work in the US without an employer petition. To qualify for a visa in these categories, you generally need to be involved in international trade or investment.
   • As of 2020, professionals who are citizens of either Mexico or Canada do not need a petition to work in the US temporarily. ^[13]
2. 2
   Wait until your employer's petition is approved. USCIS will send your employer a notice of action when their petition is approved. Once they receive this notice, you can apply for a visa. If you apply for a visa before the petition is approved, your application will be denied and you'll have to file it again after the petition is approved. ^[14]

   • Some categories of temporary workers are limited, with only a set number of visas being issued each year. Depending on the time of year when your employer files the petition and the number of applicants already waiting, it could be several years before the petition is approved.
3. 3
   Get together the documents you'll need to complete your application. You'll need to copy some of the information from your documents onto your application, so you should keep them handy. Although you can always save your application and return to it later, it's usually easier to just complete it all at once. At a minimum, you'll need the following documents: ^[15]

   • Your valid passport
   • Your travel itinerary, if you've already made travel plans or booked a flight
   • Your résumé or curriculum vitae (for information about your education and work history)
   • The dates of your last 5 visits to the US, if you've previously visited the country, as well as your international travel history in the past 5 years
4. 4
   Complete your visa application online. Go to https://ceac.state.gov/genniv/ to start your application online. There's no way to set up an account, so write down the application ID number at the top right-hand corner of the page when you start your application. If you lose your connection or have to stop before you're done, you'll need that number to access your application and finish it. ^[16]

   • The DS-160 nonimmigrant visa application requires you to provide information about yourself, including your education and work history and your criminal background.
   • All of your answers must be written in English. If you don't feel that your English is strong enough to answer all the questions, you can get someone to help you.
5. 5
   Upload a recent passport-sized photo for your application. Go to a professional passport photographer to have your photo taken in front of a white background. Ask them for a digital copy of the photo that you can upload. If digital photos aren't available, you can also scan a print. ^[17]

   • Digital images must be square, a minimum of 600 x 600 pixels and a maximum of 1200 x 1200 pixels. Make sure it's in JPEG format and no larger than 240 kb. ^[18]
6. 6
   Submit your online application. Click the "Sign Application" button to submit your application electronically. The website will give you one last opportunity to check over all of your answers and make sure they're complete and correct. When you're done with this check, click the button to submit your application. ^[19]

   • The website will display a confirmation page with a barcode. Print this page and keep it in a safe place — you'll need it for your interview at your local US embassy or consulate.
7. 7
   Contact the US embassy or consulate nearest you. Go to https://www.usembassy.gov/ and enter the name of your country to get contact information for US embassies and consulates. Call or write to the one closest to you and tell them that you are applying for a nonimmigrant temporary work visa. ^[20]

   • Ask if you need to be interviewed by a consular officer. If you do, they'll schedule a time for you to come in for your interview. ^[21]
   • You'll also get information about the local embassy or consulate when you submit your online application. Check the website for any local rules regarding interviews that are specific to that location. The consular officer you speak with will also likely go over these rules with you.
8. 8
   Participate in your visa interview. A consular officer will ask you questions about your application to determine if you're qualified to receive a visa. Answer all of their questions completely and honestly. At your interview, you can expect to: ^[22]

   • Review your original documents
   • Pay your $190 visa application fee ^[23]
   • Get your fingerprints taken
   • Find out whether your application has been approved or requires further processing
9. 9
   Pick up your visa at the embassy or consulate. The consular officer will let you know when your passport and visa will be available for you to pick up. If you had to travel a long distance to the embassy or consulate, they may arrange for a courier to deliver your passport and visa to you so you don't have to make that trip again. ^[24]

   • You may have to pay an additional fee when your visa is issued. These fees depend on your country of citizenship. The consular officer will let you know if you have to pay a fee and how much it is. ^[25]
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Green card applications are typically filed while you're in the US, if you've decided that you want to stay in the country. With a green card, you don't have to worry about renewing your visa or returning to your home country periodically. ^[26]

1. 1
   Ask your employer to file an immigration petition for you. Your employer's petition, Form I-140, sets you on the path toward permanent residency. Once you become a permanent resident, you won't risk losing your status in the US if you don't return to your home country or work continuously for the same employer. ^[27]

   • Some petitions may also require certification from the US Department of Labor (DOL).
   • If your employer doesn't have a lot of international employees, they might not be well-versed in this process. In that situation, it's a good idea to talk to an attorney who specializes in immigration law — many of them give free initial consultations. They can help walk you through the process so you can explain to your employer what you need from them.
2. 2
   Find out your priority date from your employer. Your priority date is usually the date your employer filed the immigration petition for you. However, if your petition required DOL certification, your priority date is the date when USCIS receives that certification. Your employer typically will get a notice from USCIS that includes your priority date. ^[28]

   • Your priority date determines when you can file your application to become a permanent resident. If you file your application too early, USCIS will reject it and you'll have to do the whole thing all over again.
3. 3
   Use the filing chart to determine when you can file your application. Go to https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html to access the most recent visa bulletin. On the chart, find your visa type in the first column on the left-hand side of the chart. Then, move to the right on the same row until you find a date listed under the name of your home country. ^[29]

   • If your priority date is earlier than the date listed, you can also file your application. However, if your priority date is after the date listed, you'll have to wait at least until that date before you can file your application.
   • If there is a "C" instead of a date, that means applications are currently being accepted.
4. 4
   Get a medical examination from an approved civil surgeon. Go to https://my.uscis.gov/findadoctor to find a doctor near you. The doctor will examine you and complete a form for you to submit with your green card application. You'll get a copy for your records as well as a copy in a sealed envelope to submit to the USCIS. ^[30]

   • The civil surgeon's role is to make sure you don't have a communicable disease that could endanger the public health or a physical or mental disorder associated with harmful behavior. They'll also make sure you have proof of all required vaccinations and give you vaccinations as needed.
   • Depending on the results of your examination, the civil surgeon might refer you to another doctor for follow-up treatment. Not arranging for follow-up treatment could result in denial of your green card application.
   • If you show signs of drug addiction or abuse, you will likely not be eligible for a green card.
5. 5
   Fill out Form I-485 to apply for a green card. Download your form at https://www.uscis.gov/i-485 . Type your answers directly on the form on your computer or print out the form and write your answers legibly using a black pen. Answer each question honestly and completely — there's extra space available if you need it.

   • It's a good idea to read through the instructions before you start filling out the form. If there's anything you don't understand, you might want to talk to an attorney who specializes in immigration law.
6. 6
   Make copies of documents to support your application. USCIS requires copies of official documents to back up most of the statements you make on your application. You don't have to send originals, but you may need to take the originals with you if USCIS schedules an interview. At a minimum, you'll need copies of the following documents:

   • 2 passport-sized photos of yourself taken in the last 6 months
   • The front and back of a valid, government-issued photo ID
   • Your birth certificate
   • Passport page with admission or parole stamp and nonimmigrant visa
   • Arrival-departure record
   • Medical exam report and vaccination record
   • Certified police record and court records of any criminal charges, arrests, or convictions
7. 7
   Submit your application and supporting documents to USCIS. Go to https://www.uscis.gov/i-485 to find out where to submit your application and supporting documents. You can also get this information by calling the USCIS National Customer Service Center at 1-800-375-5283 (TTY 1-800-767-1833).

   • Include a check or money order for your filing fee. As of 2020, fees for Form I-485 total $1225. This includes a filing fee of $1,140 and a biometric services fee of $85. Make checks or money orders payable to "U.S. Department of Homeland Security."
8. 8
   Go to your biometric services appointment. After USCIS receives your application, they'll send you a notice with the date, time, and location of your biometric services appointment. The appointment will be scheduled at an application support center (ASC) near you. Bring your appointment notice and a valid, government-issued photo ID with you to your appointment. ^[31]

   • At the appointment, a USCIS officer will take your fingerprints and get your signature. If you didn't submit photos with your application, or if your photos weren't acceptable, you'll also get your photo made at this time.
9. 9
   Participate in an interview if you receive a notice. Interviews aren't always required. However, if USCIS decides you need one, they'll send you a notice with the date, time, and location. If you won't be able to attend on that date, call USCIS at the number on the notice as soon as possible to get it changed. ^[32]

   • Your notice will tell you what you need to bring with you to your interview. Usually, you need to bring originals of all the copies of supporting documents that you submitted with your application.
   • At the interview, a USCIS officer will ask you questions about the information on your application. Your answers are under oath, so answer completely and honestly. If you don't understand a question, ask the officer for clarification.
10. 10
    Wait to receive your written decision notice. It may take several months to find out USCIS's decision on your application. If your application was accepted, you'll get an approval letter first, then get your actual green card a few weeks later. If USCIS denies your application, the notice will explain the reason why and what you can do if you want to appeal that decision. ^[33]

    • If more documentation or information is needed to process your application, USCIS will send you a notice. Provide the requested documentation by the date listed on the notice or your application will be denied. Contact USCIS if you have difficulty getting any of the requested documents by the deadline.
    • In the meantime, you can check the status of your application through your USCIS online account or by calling the USCIS Contact Center at 1-800-375-5283.
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