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USA Work Visa Guide

  • Author :
  • TATA AIG Team
  • Published on :
  • 23/05/2023

The US is one of the top countries in the world for tourism. However, while millions of people visit the country every year as tourists, the country is also one of the top working destinations. People from all around the world wish to come to the US for jobs because of the great working conditions and higher salaries.

To get a US work permit visa, you must follow some basic rules and regulations. You also need to fulfil certain criteria before you can come to the US on a work visa. Before we get into the details of US work permit requirements, it is essential that you understand the importance of having an international travel insurance plan before you undertake travel to the US. A travel insurance plan ensures that you are covered for the financial losses that may arise if an unfortunate event happens during your trip.

If you are planning to visit the US and are looking for the right travel insurance, Tata AIG is the right choice for you. There are many different travel insurance plans available on the website. You can make comparisons and choose a plan that suits your US travel needs. Moreover, if you file a travel insurance claim, the process is simple, and you will not face any hassles.

Let us understand the details of US work visas for Indians.

What is a US Work Visa for Indians?

The US work visa is provided to people so that they can go and work for a specified period of time in the USA. The contract of employment and the visa application will mention the period for which you are allowed to work. It is important to remember that the US work visa for Indians does not allow people to work in the US for an indefinite time or permanently. To get a US work visa, the applicants have to fulfil all the requirements and have the specified list of documents.

Types of US Work Visa

Here is the list of the types of US work visas that you can apply for:

Person in a speciality occupation (H1B visa)

This visa is issued if the person works in a speciality occupation. It needs a higher educational degree or an equivalent diploma/qualification. It can be provided to fashion models who have distinguished abilities, government-to-government projects related to research, and projects that are under the US Department of Defence.

FTA professionals visa (H1B1 visa) - Chile and Singapore

The visa is also issued to people working in speciality occupations. The visa requires you to have a post-secondary degree and experience in the field of your specialisation for a minimum of 4 years.

Temporary agricultural worker (H2A visa and H2B visa)

This is issued to people for seasonal or temporary agriculture-related work. The citizens of only designated countries can apply for the visa and it comes with limited exceptions, in case it is in the interest of the USA.

Special education visitor or trainee (H-3 visa)

In order to get training in any field that is not of the graduate medical level, and that is not available in the country of residence, an applicant can apply for this visa. It is also provided to people who wish to gain practical experience in the education of kids with special needs.

Representative of the foreign media (I visa)

This visa is issued to journalists or anyone working in the media or information sector while they are in the US for professional purposes.

Intracompany transferee (L1 visa)

This visa is issued to people who will work in the subsidiary, branch, parent, or affiliate company of their current organisation either in an executive or a managerial capacity. It is also offered to people who are working in a company position that requires some specialised knowledge.

The person applying for the visa must have at least one year of experience working in a foreign country in the previous three years of employment.

There are many other types of US work visas that one can apply for. You can check the category that you fall under and apply for a visa accordingly. This will also determine the US work visa cost.

What are the Qualifying Measures for the US Work Visa?

There are three required conditions that anyone who wishes to apply for a US work visa needs to fulfil. In case any of these preconditions are not met, the embassy might deny the US work visa. The measures include

Have an employment offer in the US

To get a US work visa one needs to apply for and then be accepted for a position in the US. This is because to provide you with a work visa, the US embassy needs several documents from the employer. You need to be accepted for the position before you start the process of application.

Approval of the petition by the USCIS (US Citizenship and Immigration Services)

Before you apply for a work visa, the employer has to submit a petition to the USCIS for a non-immigrant worker. The visa, also known as the I-129 form, is one of the most important documents that you need to apply for a US work visa. Once this petition is approved, you will be able to start the process of the US work visa.

However, even if your petition has been provided with approval, it does not mean that the embassy will provide a work visa for sure. After looking at your application, the embassy might decide to deny your visa.

DOL (Department of Labour) provided Labour certification approval

Some of the specific work visas like the H-1B, H-2A, H-1B1, and H-2B require approval from the DOL. The application to the DOL has to be filed by the employer on the behalf of their employee even prior to applying to the USCIS. The certification will be proof that the employer requires workers from outside the country.

Also, the employer has to provide necessary proof that the vacant position will not be able to be filled by a US worker. It is to ensure that getting workers from outside will not affect the jobs for the US citizens negatively. These are some of the top US work visa requirements that you need to fulfil to get a visa.

Documents Required to File a US Work Visa

Here are the US work visa requirements and the list of documents that you need:

  • You need to have a Indian passport which has a validity for the duration of your stay in the US and for 6 months after you get back from the US.
  • You need to submit a specific US visa photograph at the time of filling out the application.
  • The number which is there on the I-129 form that has been approved.
  • The confirmation page that you have properly filled out the DS-160 form.
  • You also need to have a US visa fee receipt. The US work visa costs $190. But, depending on the location that you are applying from, the costs might differ.
  • Proof that once your work visa duration is over, you will come back to your home country. This can be proved by your relationship with your family, long-term plans, submission of your financial situation, etc.

These are some of the basic US work visa requirements and there might be some specific requirements that you might have depending on the visa type that you are applying for.

Conclusion

After you have submitted all the forms and filled out the application, you will have to schedule an interview for the US work visa. The interview will include questions about your work, duration of stay, etc. You must have all the required documents ready when you attend the interview.

Also, to get a US work visa, you might need to fulfil some additional steps as well. So, get all the documents, attend the scheduled interview, fulfil all the US work visa requirements and get your US work visa for Indians.

Disclaimer

Information last updated May 23. While this information is sourced reliably, visa requirements can change. For the most current visa details, visit the official Consulate/Embassy website.

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