Getting a US Immigration Visa through Employment

Foreigners who would like to be employed in the United States should secure an employment visa so that they will be permitted to work and stay in the country.  If you already have a US-based employer, the process that you will have to go through is different if you are just about to look for a job when you reach the United States.

Requirements to be met by your US employer to file for a petition

*  Your sponsor must file a Labor Condition Application (LCA) at the US Department of Labor.
*  Your employer must also file for a Petition for Non-immigrant Workers (Form I-129) and submit this along with the approved Labor Condition Application and the supporting documents.

5 steps in applying for a US immigration visa through employment

Step 1:  Find a US-based employer.

One of the easiest ways to find a job in the United States is to browse the Internet job portals.  The best place to start is with the local job portals.  Most US companies will post the positions that are open for foreign applications at the country’s local job websites.  However, if the local job portals do not have information on vacancies, you may also search through the US jobs databases.

NOTE:  US employers usually require that you have finished a US degree or an equivalent.  You might also be required to take an equivalency exam.  The employer may also set a required number of years experience.

Step 2:  Have your US employer file the Labor Certification Application.

This form has to be submitted to the US Department of Labor.  This contains the company information and that the employer agrees to pay the required fees and provide the required workplace conditions for the employees.  This is also an agreement that the employer will provide the same benefits for the foreign employees as with the US citizen employees.

NOTE:  The application for the LCA may be done through the website or may also be submitted through the postal system.

us immigration visa through employment/

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Step 3:  Have your employer file the Petition for Non-Immigrant Workers.

Once the Department of Labor has approved the LCA, the employer may now apply for the H1B visa through the USCIS.  Your employer should fill out the Form I-129 and submit the supporting documents to the USCIS.

NOTE:  This step may take three to four months.

Step 4:  Apply for the H1B Visa at the US Embassy or Consulate in your home country.

Once your employer has the approval notice (Form I-797), you will be notified by your employer so that you can apply for your US visa at your country’s US embassy.

NOTE:  This process may take 3 to 4 days.

Step 5:  Come to the US with an “H” status.

Once your US visa is approved, you may enter the US with an “H status” and start your employment duties.

NOTE:  The Specialty Occupation Visa is initially valid for three years but may be extended.

During the regular processing, this visa application may take several months.  However, through premium processing, the time consumed may be lessened.

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