Work In USA Visa

A Work in USA Visa must be obtained through the Immigration and Naturalization Service (INS), a division of the USA Department of Justice. USA embassies and consulates abroad do not have the authority to grant work permits for a visa.

In all these cases, permission to work must be obtained in the USA by the employer who wishes to hire you. This can be a long and extensive procedure, which requires the employer to prove that there are no qualified USA workers available to do the same work.

After your employment sponsor has been granted approval for you by the Immigration and Naturalization Service, it is up to you to apply for a non immigrant Work In USA Visa by completing a non immigrant Visa Application. Be careful to answer honestly, as the Immigration and Naturalization Service maintains a meticulous record and can easily check whether you have previously had a visa which has been refused or cancelled.

Generally, the H-1B Work visa is designed to enable US employers to hire foreign workers in specialty occupations on a temporary basis. A specialty occupation is one that requires (a) the theoretical and practical application of body of highly specialized knowledge in a subject and (b) the attainment of a bachelor or higher degree in the specified specialty or its equivalent as a minimum for entry into the occupation in the United States of America.

The employer must have an United States taxpayer identification number. Thus, a foreign business with no US presence cannot use this Work In USA Visa. The employer must sponsor or file H-1B application and therefore he or she needs to document that the position is a specialty occupation.

Further, the employer must maintain the wages and hour records and information concerning working conditions for all other similarly situated employees.

The potential employee must show that she or he is qualified for the specialty occupation and that his or her degree or work experience is equivalent to that of a US bachelor degree, and that this background is relevant to the United States position.

The H-1B visa can initially be issued for three years and be extended for another three years a total of six years. Note that H-1B employees could potentially become US legal permanent residents also known as green card holders.