Employment abroad is a great opportunity to improve your well-being, make useful contacts and visit interesting sights. However, this will require not only concluding an employment contract, but also obtaining a special entry permit. Those who are interested in professional activities in American companies need a work visa to the United States. In doing so, it is very important to choose the correct type of document.
Features of a work visa
A work visa is a type of national long-term residence permit. Its feature is the provision of the opportunity to work for hire. Without such a visa, any profit-making by a foreign citizen is considered illegal and equates to a violation of the migration regime.
By its purpose, an American work visa is no different from similar documents issued by other countries. However, it has specific varieties (depending on the type of intended work activity), the validity periods and the package of documents for registration differ. Current requirements are determined by the laws of the country and the rules of the consular visa service.
Now, having made a decision to open a work visa in the USA or another country, you get such advantages as:
- legal stay in the country for a period sufficient to start the naturalization procedure;
- registration of the move of relatives.
The finished work visa looks like a sticker in a foreign passport. Special columns indicate: the country that issued the visa, the type and validity of the document, the personal data of its holder. The validity of the entry permit is confirmed by security elements.
Types of work visas and grounds for their issuance
Types of work visas in the United States for Belarusians, Russians and citizens of other countries are classified depending on the type of work planned and the qualifications required to complete them. A visa for the purpose of employment is not suitable for those who have planned their own business in the country.
| US work visa type | Person category | Grounds for extradition |
|---|---|---|
| H-1B | Highly qualified specialists. | The applicant must have a higher education at least a bachelor's degree. |
| H-1B1 | Temporary workers from among citizens of countries participating in an international agreement | Available for citizens of Chile and Singapore. |
| H-2A | Seasonal agricultural workers | Only for those types of agricultural work for which there are not enough US citizens. |
| H-2B | Skilled / unskilled workers who are not applying for vacancies in the agricultural industry (programmers, accountants, salespeople and representatives of other specialties without higher education). | In order to fill temporary / seasonal vacancies. |
| H-3 | Trainees | Vocational training at the workplace for a period not exceeding 2 years. The internship should not be postgraduate education or vocational training. Such an internship is not available in the country of permanent residence. |
| H-4 | Dependent family members | Designed for spouses of foreign workers and their children under the age of 21. Does not give the right to work. |
| L-1 | Internal transfers | Issued to employees of international companies temporarily transferred to the head office / subsidiary / branch in the United States. |
| L-2 | Dependent family members | Intended for spouses of foreign workers and their children under the age of 21. With the right to work. |
| O | Individuals of outstanding ability and their primary assistants | - |
| R | Athletes, cultural figures, artists and their main assistants | Issued for participation in events held on the territory of the United States that correspond to their professional activities. |
| Q | Participants of international exchange programs | For the purpose of training, employment, introducing the host to the history / culture / traditions of the applicant's country of residence. |
When applying for a visa for employment in the United States of Ukrainians, Russians and citizens of other states, documentary evidence of the basis for the selected type of entry permit is required.
How many days do you need to apply for a work visa to the United States?
Those wishing to make a work visa in the United States in advance can collect and submit documents 90 days before the scheduled date of the start of employment. The last date is the date specified in the I-797 form.
However, you can enter the United States no earlier than 10 days before the official start date.
Information and documents for applying
Applying for a work visa to the United States of America requires the following information and documents:
- If you need to apply for a work visa in the United States in 2021 of the L-1 category on a blanket petition, you will need to pay a fee for checking for possible fraud.
- Application Form DS-160 (for a Nonimmigrant Visa).
- A foreign passport, which is valid for at least 6 months from the date of the end of the planned stay.
- Photo of the established sample.
- An invitation confirming the appointment for an interview through the official service https://cgifederal.secure.force.com/?language=Russian&country=Russia.
- Any additional interview papers supporting the purpose of your planned trip to the United States. What documents are needed for a work visa in each specific case, you can find out on the website of the consular service.
How to apply for a U.S. work visa
The procedure for filing a petition is strictly regulated and consists of several mandatory stages.
Payment of consular fees
Consular fees can be paid in US dollars or in local currency (equivalent).
The following payment methods are allowed:
- by credit card online;
- in cash at the Russian Post branch;
- in cash at a bank branch.
The receipt for payment of the consular fee is generated only on the computer. The form opens in Adobe Reader. Sample receipts can be downloaded from http://www.ustraveldocs.com/ru_ru/ru-niv-paymentinfo.asp#options.
You can pay online with a credit card at https://payusvisafee.rsb.ru.
In 2021, the price of a work visa to America does not depend on the type of document. The consular fee is fixed at $ 190.
The payment receipt is valid for 12 months from the date it was received. In case of refusal to issue a visa or withdrawal of the application by the applicant himself, the consular fee will not be refunded.
Filling out a visa application form
To independently apply for an entry permit for the purpose of employment in the United States, you must complete a nonimmigrant visa application form DS-160. The application is submitted electronically at the link http://ceac.state.gov/genniv/.
To obtain a work visa in the United States for a citizen of the Russian Federation and other states, along with the completed form, you must upload a photo of the applicant in the established form. The photo must not have been taken at least 6 months prior to the filing of the application.
After filling out the application, the system generates a page with an alphanumeric confirmation code. This page should be printed to present at your next interview.
Recording and interviewing at the US Consulate
Pre-appointment for an interview is carried out online through the service https://cgifederal.secure.force.com.
To get in the queue, you will need to enter the following applicant data in the electronic form:
- foreign passport number;
- number of the receipt or other payment document confirming the payment of the consular fee;
- the ten-digit barcode number from the confirmation page generated after the DS-160 application is submitted.
To leave for America on a work visa, you must appear at the consulate at the appointed time with a full package of necessary documents and successfully pass an interview with a visa officer.
Directly to the interview itself, you must take documents with you according to the following list:
- printout of an electronic invitation for an interview;
- a printout of the DS-160 application confirmation e-page;
- photo of the established sample;
- a valid foreign passport and all previously issued foreign passports.
An attempt to provide forged documents can lead to a permanent ban on the issuance of a US visa of any type.
Where to apply for an American work visa
You can only find out what you need for a work visa in the United States and apply at the US consular service. You cannot submit documents through an agency: the online application and interview provide for the personal participation of the applicant.
Intermediary firms can only provide consulting services. They are not able to provide any guarantees in obtaining a visa.
On the territory of the Russian Federation, you can contact the following representative offices of the United States of America.
| Representation of the USA in the Russian Federation | Contact details |
|---|---|
| U.S. Embassy in Russia | Mailing address: Bolshoy Devyatinsky lane, 8, Moscow, Russian Federation, 121099. Fax: +7 (495) 728-5090 Email: [email protected] Official website: https://ru.usembassy.gov/embassy-consulates/moscow/ |
| U.S. Consulate General in Vladivostok | Postal address: st. Pushkinskaya, 32, Vladivostok, Russian Federation, 690001. Phones: +7 (4232) 30 00 70 Fax: +7 (4232) 49 93 72, +7 (4232) 49 93 71 Email: [email protected] Official website: https://ru.usembassy.gov/embassy-consulates/vladivostok/ |
| U.S. Consulate General in Yekaterinburg | Postal address: st. Gogol, 15, Yekaterinburg, Russian Federation, 620151. Phones: +7 (343) 379-3001, +7 (343) 379-4619, +7 (343) 379-4691, +7 (343) 379-4551 Fax: +7 (343) 379-4515 Email: [email protected] Official website: https://ru.usembassy.gov/embassy-consulates/yekaterinburg/ |
What additional documents may be required
For Kazakhstanis, Russians, Ukrainians and citizens of other states, as documents confirming the purpose of the planned trip, the level of education and competence of the applicant, it is recommended to provide the following papers:
- educational diplomas;
- an invitation to work from an employer;
- work book or originals of certificates from previous jobs, confirming the length of service and work experience in the specialty.
Persons currently employed in the United States on an H-1B visa need to prepare:
- tax returns (IRS Forms 1040 and W-2) for the entire time of work in the United States;
- pay slips for the past calendar year;
- Full name and phone numbers of the heads of HR services from the current and all previous places of work;
- summary.
How to apply for a US visa for dependent family members
Having received an entry permit with the right to work, you can apply for a visa to the United States of America and for your relatives.
In this case, you will need to provide the following information about each of the dependent family members:
- documents confirming relationship (marriage certificate for spouses, birth certificate for unmarried children under 21);
- a certificate from the place of work for the spouses, confirming the fact of permanent employment at home;
- if the spouse is working in the United States on an H-1B visa - tax returns (IRS 1040 and W-2 forms) for the entire period of work in the United States and pay slips for the past calendar year.
How long a work visa is given in the United States to the main applicant directly affects the validity of an entry permit for dependent persons. In this case, the latter may be issued a visa without the right to employment.
Procedure in case of refusal
If your request is denied, carefully study its reason. If the matter is in incorrectly executed documents or lack of data, it is quite simple to fix the situation. However, you will have to re-apply and pay the consular fee again.
In addition to these, some of the most common reasons for refusal include the following:
- insufficient qualifications of the applicant;
- the precarious financial position of the potential employer on whose behalf the invitation was issued;
- exhausted annual limit for foreign workers;
- suspicions that a visa is being issued for the purpose of subsequent immigration;
- lack of approval from the US Department of Labor;
- previously recorded violations of migration legislation.
In the event of a refusal of a work visa to the United States, the applicant has two options for further actions:
- draw up a repeated application if the circumstances of the case have changed;
- apply with an appeal to the consulate in which the application was considered;
- go to court at the location of the consulate.
When you go to court, you will definitely need the help of a professional lawyer.
FAQ
Consider a few topical issues:
- Can I work in the United States on a tourist visa?
Foreign citizens who regularly visit the United States of America often wonder how to work in the United States on a tourist visa. If you are interested in legal employment, then this is impossible. You can negotiate a job with an unscrupulous employer. However, the identification of this fact by the migration service will lead to fines, deportation, and in some cases - to a permanent ban on entry to the United States.
- What is the right way to behave in an interview?
During the conversation with the visa officer, you must make it as clear as possible that you do not intend to move to America for permanent residence. Strong family ties are usually the main evidence of this. Ownership is usually not taken into account as it is considered an easily renewable asset for potential migrants. Do not try to pressure the visa officer and do not be nervous, behave naturally.
- Are there any age restrictions for applicants?
There are no such restrictions.
- Can I get a visa to perform one-time work, for example, for a trucker?
This type of permits is not provided.
- Approximately how long does it take to get a work visa?
In answering this question, you should start with the fact that the waiting time for an interview can vary significantly depending on the season and the workload of a particular consular office. In each individual case, information on the terms of consideration of the application is specified separately.
Those who want to get a visa as quickly as possible are advised to apply through the consular services of other countries or from the United States by visiting the country on a short-term tourist visa.
- Is there a US work visa raffle?
Currently, work permits in the United States cannot be obtained through a lottery or other form of drawing.
- What is SSN?
SSN (Social Security Number) is a unique nine-digit number assigned by the United States Social Security Administration. The number is used for pension and tax accounting. It is mandatory for anyone who pays taxes in the United States of America, including officially employed residents and foreign nationals.
- Can a US work visa be extended?
You can extend the term of your stay in the country for the position held up to 6 years, but only on condition that you prove yourself as an irreplaceable and valuable employee. The minimum period for which a visa with the right to work is issued is a year. Average term - no more than 3 years.
To extend a work visa, you must submit an application to the migration service at the place of stay, attaching tax declarations and pay slips.
Summarizing
For 2021, there are several types of permits to enter the United States with the right to further employment.To find out which visa you can work in the United States, you need to decide in advance where and in what specialty you intend to work.
Submission of an application and preliminary appointment for an interview are carried out through official electronic services. After paying the consular fee, submitting the application form and scheduling the interview, you will be assigned the date of the interview with the visa officer.
Unfortunately, no one gives a guarantee of obtaining an entry permit, even if all the documents are in order. The slightest doubt about their authenticity or suspicion of your intention to move to the country will permanently entail a refusal.
It should be noted that there are now clear step-by-step instructions for obtaining a visa to the United States. The unified scheme is valid for applicants for any category of work visa and does not depend on the status of the applicant.
