How to get a work visa to the USA: action plan

The United States of America occupies a leading position in the world economy. This is where large financial resources and opportunities are concentrated. Many people have thought about using their knowledge and skills in foreign countries. How to get a work visa to the USA and realize your ambitions in work?

Panoramic view of skyscrapers and the Miami coastline

Obtaining a work visa to the USA will require you to spend a lot of time, money and effort. The main thing is to be patient.

Types of work visas in the USA

To be granted the right to work in America, you must obtain a certain category of visa:

• The H-1B, the so-called “standard” visa, is offered to workers in a specific occupation. A diploma of at least a bachelor's degree or equivalent is required. This visa is valid for 2 years and allows you to extend it in America. At the end of the period, a Green Card will be issued (for the purpose of further residence), provided that the employer submits an application.
• H-2B is issued to those wishing to perform temporary seasonal work (excluding agriculture). This visa is valid for 1 year. To extend it, the American employer must obtain special approval from the government.
• The H-2A visa is available to seasonal agricultural workers.
• H-1C is given to junior medical personnel due to the shortage of medical personnel.
• The long-term extendable L1 visa applies to foreign businessmen or employees of a US company. The goal of the first is the need to develop business. The purpose of the second is a transfer with a promotion within one company.

American h-1b work visa sample

The application must be submitted 3 months before the start of work.

• The O visa is available to individuals with outstanding abilities in the fields of science, art, sports, business, education, film and television. The level of recognition of such individuals is both national and international.
• P-1 is open to athletes or entertainment participants with worldwide recognition to participate in competitions.
• The P-2 visa is issued to artists or entertainment workers to participate in the mutual labor exchange program between countries.
• The P-3 is an entertainer and industry visa designed to perform, teach, or train in a unique music and theater program.
• A Q-1 work permit is issued to participants in an international cultural exchange program for the purpose of practical training and work.

This is what an O1 visa looks like in the USA

Features of visa documents

In all cases, the US work visa is not issued by the applicant. These actions are performed by the potential employer.

Map of the United States showing the percentage of emigrants

He contacts the US Department of Labor and fills out the Petition and USCIS Forms I-129. In addition, Appendix H and accompanying documents. Education and work experience must fully match the requirements for the proposed position.

Visas allow you to legally work for an inviting employer. The employee is obliged to work only at the enterprise of the employer who originally invited him.

To change jobs, you will need to obtain a completely new visa document. Family members of the holder of such a visa will be entitled to obtain a special entry visa to that country. But they won't be able to work on it.

How and where to apply?

You will not be able to purchase a work visa to the USA without visiting the Embassy. The applicant must have proof of employment from a US employer.

If there is confirmation, the Russian fills out an online application on the official portal, pays the consular fee and makes an appointment for an interview at the American Mission.

After the interview and review of documents, the consul will make a decision. It is also possible to submit documents through a proxy and a visa center, but the interview will have to be done in person.

US work visa applicants

Not everyone is given a work visa to the USA. A higher education diploma (at least bachelor's degree) is required. In addition, you must be proficient in English. And also have an invitation from the employer confirmed by the US Embassy.

For example, there are other conditions for the H-1B visa. Have at least 12 months of experience in your specialty. Or have a secondary specialized education (2 years) with a work experience of 6 years or more.

This reservation is easily explained. According to USCIS, visa suitability is calculated based on points. The total must be 12 points.

1 year of study – 3 points, year of work – 1 point. A bachelor without work experience has 12 points. A technical school graduate receives 6 b for his studies. In addition, he still must work for 6 years to receive the coveted 12 points.

You can apply for an H2-B work visa if the applicant has previously participated in programs like Work and Travel.

In-demand professions in America

The American side accepts into its ranks only narrow, highly qualified specialists in leading fields.

Thus, a work visa to the USA for Russians at a cost of $190 can be obtained:

• doctors;
• teachers;
• engineers;
• IT professionals;
• architects;
• programmers;
• cultural/art workers.

Consecutive stages of obtaining a visa

You can obtain a work visa to the USA through the Embassy of the United States of America in Moscow. Stages:

• Entering data into the form. To do this, you need to register and confirm using your email address. The form is then filled out, printed and saved.
• Payment of the consular fee.
• Sign up for an interview at least 2 days after payment of the fee. You will need to provide information on your passport. Document number for payment of the consular fee and a printed page with the barcode of the DS-160 form. As a result, you receive an email with an invitation to an interview.
• Interview at a set time with fingerprinting.

  Submission of fingerprints at the American Embassy

Official and illegal employment

To be in America and work legally, you need to have a permit. You can get it in several ways:

• win a green card in the annual lottery;
• marry a citizen of America;
• buy a ready-made business in America for several hundred thousand dollars;
• invest several million dollars into the US economy;
• find an employer who will pay for a work visa;
• ask for political asylum in America.

The last option, applying for political asylum, is the easiest way to obtain legal permission to work in America.

150 days after filing documents for political asylum, you can apply for an official work permit. This permit is usually issued within a month, and it allows you to legally work in America. If you come on a tourist visa and apply for asylum within a week, then after six months you can work legally.

Many visitors work illegally. The minimum wage in America is on average $8 an hour, and illegal workers earn about that much. Girls usually work as nannies or hotel room cleaners, guys find working professions as builders, loaders, etc. Having an official work permit, you can qualify for a higher salary. Knowing English will help you find a good job.

Consular fee

This is a cash fee to pay for a Machine Readable Visa (MRV) valid for 1 year. Therefore, you can apply and obtain a visa throughout the year. If the validity period has expired, you will have to pay again.

The fee for any work visa is US$190. Payment of the fee is carried out using a bank card online, at a bank branch or at Russian Post.

Although the amount is indicated in dollars, the applicant deposits money in rubles at the current exchange rate at the time of payment.

After payment of the fee, a receipt with an assigned number is issued. With the receipt, the applicant has the right to schedule an interview at the US Embassy.

Even if a visa is refused, the consular fee is not refundable.

Consular fee payment number for obtaining a work visa

This fee is issued to a specific person, that is, it cannot be transferred to another person.

Interview and set of documents

When going for an interview, you need to calculate all possible cases of development of the conversation and prepare a complete set of documents:

• Verified Form DS-160 with barcode;
• Printed invitation letter;
• Receipt of paid consular fee;
• A photograph that is no more than 3 months old;
• Valid passport;
• Previously issued passports;
• Document confirming education (diploma and grade sheet);
• A personal document containing records of a citizen’s employment (work book);
• Certificate from the last place of work;
• Information from the head of the HR department;
• Applicant's resume;

• Information about future work and position.

The American Embassy may require additional documents at its discretion. To establish the applicant's right to travel to the United States and the right to work there.

A criminal record is not an obstacle to obtaining a visa. A certificate of criminal prosecution and terms of punishment must be provided. Even if the criminal record has been expunged.

Step-by-step registration instructions for Russians

The first and main condition in the process of applying for a work visa is the presence of a job offer from an American employer and his strong interest in a foreign specialist, since the employer submits a petition to the US Citizenship and Immigration Services.

Without the approval of the petition, it is impossible to obtain a work visa.

List of documents

The migrant must prepare a package of documents:

• invitation from an employer from the USA;
• a copy of a diploma in the declared specialty with an academic degree of at least a bachelor's degree;
• a special form located on the website of the US diplomatic mission, which must be filled out in English and submitted in electronic format;
• a foreign passport valid for at least six months after the end of the planned stay in America;
• a color photograph 5 by 5 cm, taken no earlier than six months before the planned departure date;
• certificate of payment of the consular fee.

It is required to collect certificates indicating sufficient work experience.

US visa application form.

Making a petition

A required step towards a nonimmigrant work visa is filing Form I-129 with the United States Citizenship and Immigration Services (USCIS). A petition is required when applying for visa types such as H and L.

The form consists of 2 parts: general information and more detailed information depending on the visa category. The first part of the petition must contain information about the petitioner (US employer), the employee being hired, the nature of the activity, and the type of visa required.

If the employer is applying for an L visa, in the second part of the petition he must prove that:

• he is bound by relevant labor relations with the foreign employer;
• the hired employee has worked in the declared foreign organization for at least a year as a manager or supervisor;
• in the United States, the employee will take a position similar to a foreign one.

If an employer hires an employee to open or work in an office, he must demonstrate suitable premises and provide evidence of the financial ability to maintain the premises and financial compensation for the employee.

The H1B applicant must provide comprehensive information about the employer, the specialist and the proposed position. If a migrant is transitioning from student status (F1), he or she may be given additional time from the date the work permit expires (valid for 1-3 years after graduation) until the date the H1B visa is issued.

Visiting the consulate

If the petition is approved, USCIS employees submit the paper, along with a complete package of other documents, to the consulate of the country of the candidate for the vacancy.

At this stage, the migrant is required to perform the following actions:

• filling out the online form DS-160 (ceac.state.gov/GENNIV/) on the official website of the US Embassy;
• pay a consular fee of $190;
• sign up for an interview at the embassy, ​​providing the numbers of the payment receipt, completed application form and passport details.

When filling out the form, the applicant will need to select the city in which he prefers to be interviewed:

• Moscow: Bolshoy Devyatinsky lane, 8, tel., Monday - Friday from 09.00 to 18.00;
• Ekaterinburg: st. Gogol, 15A, 4th floor, tel., Monday - Friday from 09.00 to 17.00;
• Vladivostok: st. Pushkinskaya, 32, tel., Monday - Friday from 08.00 to 11.00.

US Embassy in Moscow.

An additional set of documents may be required at the interview, these are the following types of papers:

• diploma;
• employment history;
• a certificate indicating the position that the migrant plans to occupy, a description of job responsibilities;
• certificates from previous places of work;
• documentary evidence of work experience;
• summary.

In order for the interview to be successful, the visa applicant is recommended to:

• answer questions from the embassy employee clearly and calmly;
• briefly and clearly formulate the purpose of the visit to the USA;
• provide only reliable information about yourself;
• transfer additional documents only at the request of an embassy employee;
• behave calmly and confidently.

Getting a solution

The decision-making process to issue a visa can take from a week to a month. The applicant will be notified additionally about the outcome of the interview.

Visa processing times and delivery

Confirmation and registration takes from 7 days to 1 month.

Map and address of the US Embassy in Moscow

This period is explained by the workload of the embassy.

If the answer is positive, the applicant’s passport with a visa stamp will be delivered to the address specified when scheduling the interview.

Reasons for refusal

After going through all the stages, all that remains is to wait for the answer. Of course, it is not always positive. There are reasons why the US Embassy may refuse an applicant. Therefore, your visa will be denied.

Example of a notification letter about refusal to issue a work visa

Possible reasons for refusal:

• The applicant was nervous during the interview. Caused mistrust, and discrepancies were identified between verbal responses and the content in the questionnaire.
• When checking data on trips to the United States, discrepancies were identified in the periods of stay abroad and in the territory of one’s country.
• Previously migrated relatives live in the United States. This can lead to non-compliance with the migration regime and illegal immigration.
• Poor visa history, absence and small number of trips, which indicates the applicant’s poor financial status.
• The consulate employee suspected falsification of any documents.

The category of refuseniks most often includes those who are unmarried, without children, and who receive low wages.