‎US Visas Preparation

Many non-US citizens want to come to work in the United States. Our visa office in Brazil provides a summary of immigrant and nonimmigrant visa classifications based on employment and other categories of noncitizens who are eligible for work authorization. If you have the right combination of skills, education, and/or work experience, you could live and work permanently in the United States by applying for an employment-based immigrant visa.

In many cases, USCIS must approve your petition before you are eligible to apply for a visa to DOS or apply for admission to a port of entry. Before entering the United States, you must report to a U.S. Customs and Border Protection (CBP) officer and receive permission to enter the United States and participate in the proposed activity.

If you are in the United States with legal nonimmigrant status that does not provide work authorization, you can generally apply for:

• A change of status to a nonimmigrant classification that provides work authorization; either
• An adjustment of status to become a lawful permanent resident. This may be a concurrent application with an immigrant visa petition or, depending on the circumstances, may require the applicant to obtain an approved immigrant visa before applying for adjustment of status to become a lawful permanent resident.

Depending on the classification you seek, your change or adjustment of status application may require a U.S. employer or other qualified applicant to file an application or petition on your behalf to establish your eligibility before your application is approved. However, if you apply based on certain classifications (for example, an alien with extraordinary abilities or as an E-1 or E-2 nonimmigrant principal trader or investor), you may be eligible to self-petition, which means completing a application in your own name.

Additionally, if you are in the United States, even if you are an applicant for permanent residence or a certain family member of an alien who has legal nonimmigrant status, you can apply for an Employment Authorization and an Employment Authorization Document (EAD). You can also request an EAD showing such authorization if your immigration status allows you to work in the United States without restrictions.

The conditions you must meet and how long you can work in the United States depend on the type of immigration status granted by the Department of Homeland Security (DHS). You must comply with all the conditions of your work permit and the terms of your admission to this country. If you violate any of the conditions, you may be removed from or denied re-entry into the United States.

Source: USCIS

All US citizens and permanent residents are eligible to work in the US without needing to apply for a work authorization document.

However, if a foreign national wishes to enter the US for work purposes, they must obtain an appropriate work visa. Most US work visas require a job offer from a US-based employer who will act as the visa sponsor.

Some people also have a non-employment status and are allowed to work, but must first obtain a work permit. Examples include K1 visa holders, people with temporary protected status, people with asylum seeker status, and F1 students facing financial difficulties.

Each US work visa category has its own set of requirements that applicants must meet. These requirements are generally set by legislation and change from time to time. It is important to be familiar with the criteria for a visa before applying.

Additionally, they involve a series of documentation and processes for employers and employees. You should follow the guidelines to increase your chances of being approved to enter the US and obtain gainful employment.

Work visas for permanent residence

Some U.S. work visas grant foreigners permanent resident status, allowing them to stay and work in the U.S. indefinitely. These are called permanent or employment-based immigrant visas. People with this status receive Reen Cards and can work anywhere in the US.

Permanent resident status in the United States comes with numerous benefits and freedoms. A Green Card is generally issued with a validity of ten years and can be renewed as many times as possible. It is also an easy path to US citizenship.

As an employment-based Green Card holder, you can apply for citizenship by naturalization after five years of permanent resident status. There are also family-based Green Card categories for people who have qualifying relationships with U.S. citizens and lawful permanent residents.

All employment-based Green Cards are issued in the chronological order in which petitions were submitted. Once you reach the annual limit for your categories, you will need to remain on the waiting list until a visa is available for you in that category.

Some categories have long backlogs that can cause applicants to wait several years. After you apply, you may need to periodically check the monthly visa bulletin to find out the status of your application and when a visa will be available to you.

Employment-Based Green Card Categories

There are 5 main employment-based Green Cards for foreigners. Each has its own eligibility criteria. Some of them also have subcategories. You will be able to apply for the one that best suits your skills, qualifications and preferences. They are:

1. First Preference EB1: Priority Worker and People of Extraordinary Ability

This Green Card category is aimed at professionals who can demonstrate special skills in certain areas. It is sometimes considered the most prestigious US permanent work visa due to its high standards and requirements. Applicants must demonstrate a history of awards or notable achievements in their field.

The EB-1 Green Card has three subcategories, which are for:

• People with Extraordinary Abilities (EB-1A)
• Outstanding professors and researchers (EB-1B)
• Certain multinational executives and directors (EB-1C)

Applicants who qualify for the EB-1A subgroup may file their own petition directly with the United States Citizenship and Immigration Services. This means they do not need a job offer or an employer to sponsor their Green Card application.

On the other hand, EB-1B and EB-1C require a job offer and the petition must be sponsored by a US-based employer.

2. EB2 Second Preference: Professionals with Advanced Degrees and People of Exceptional Ability

This is for candidates who possess an advanced degree or exceptional ability. Applicants generally must have a labor certification approved by the U.S. Department of Labor (DOL). It also requires a job offer and the petition must be sponsored by a US employer. The EB-2 Green Card also has three subcategories, which are:

• advanced degree
• exceptional ability
• National interest exemption (NIW)

Applicants seeking NIW do not need labor certification or a job offer and can also file their petition with USCIS.

3. EB3 Third preference: skilled workers, professionals and other workers

As the title indicates, the EB3 Green Card also has three subcategories.

• “Skilled workers” are people whose jobs require a minimum of two years of experience or training and are not seasonal or temporary in nature. Applicants must meet the training, experience or requirements of the job opportunity. USCIS may also consider relevant education as training.
• “Professionals” are those whose jobs require a minimum of a U.S. bachelor's degree or equivalent foreign qualification and are members of the professions.
• The “other workers” subgroup is for people who perform unskilled jobs that require less than two years of education, training or experience.

All three subcategories generally require a DOL-approved labor certification and a job offer from a U.S. employer. The petition must also be submitted by the employer.

4. EB4 Fourth Preference: Certain Special Immigrants

This visa category is for religious workers, broadcasters, NATO-6 employees and family members, special immigrant youth, G-4 international organizations, and members of the armed forces. Other eligible applicants include international employees of the US government and other eligible applicants. It does not require labor certification and candidates can register the petition themselves.

5. EB5 Fifth Preference: Immigrant Investors

This is an equity investment visa for foreign investors in startups in the US. The investment must provide a certain number of jobs for American workers. The EB-5 visa has a minimum of US$900,000 or US$1.8 million, depending on the category the applicant is seeking.

If you qualify for the visa, you will first receive conditional permanent resident status valid for two years. Within this period, you must demonstrate compliance with certain EB-5 investment requirements. This will lead to unconditional permanent resident status with a Green Card valid for ten years.

Temporary work visas

If you only want to work in the US for a short period, there are several categories of temporary visas to choose from. They are called nonimmigrant work visas and are issued for a limited period. Most of these visas are also renewable, but they usually have a stipulated maximum period to stay in the United States.

If you have reached the full allowable period, you will need to leave the US unless you obtain another valid status. Foreign professionals who want to continue living in the US will be able to adjust their temporary status to permanent, as long as the visa category allows it.

Temporary work visa applicants generally must receive a job offer from a U.S. employer who will also sponsor their petition.

The following are some of the temporary US visas available to foreigners.

• H1B Visa: Person in Specialized Occupation
• H-1B: Professional Free Trade Agreement for Nationals of Chile and Singapore
• H-2A Temporary Agricultural Worker
• H2B: Temporary non-agricultural worker
• H3: Special Education Intern or Visitor
• Visa I: Representatives of foreign media
• L1 Visa: Assignee within the company
• P1 visa: individual or team athlete or member of entertainment group
• Visa P2: Artist or entertainer – Performance
• P3 Visa: Artist or Entertainer – Acting, Teaching or Training
• R1 Visa: Temporary Nonimmigrant Religious Workers
• TN Visa: NAFTA Workers
• O1 Visa: People with Extraordinary Capacity

It is important to note that each temporary work visa has its own eligibility criteria and specific application procedures that applicants must strictly follow.

How to Apply for an Employment-Based Green Card

The application route will depend on the category you are applying for.

In most cases, your prospective employer (also known as the sponsor or petitioner) must complete an Immigrant Petition for Foreign Workers Form.

If the petition is approved, the visa recipient (employee) can apply for a Green Card. They will do so by completing the Application for Registration of Permanent Residence or Adjustment of Status Form.

Next steps may include attending a biometric appointment to capture your photo, fingerprints, and signature.

You may receive an invitation to an immigration interview, where you will receive a decision on your application for permanent residence.

You can also come to the United States with your immediate family (spouse and children). After entering the US, they can apply for work authorization and permanent residence.

How to apply for temporary work visas

There is no single path to applying for temporary work visas, as each has its own procedures.

However, in most cases, your employer will first file the Petition for a Nonimmigrant Worker with USCIS. If approved, he can continue his visa application at the United States embassy or consulate in his country of residence.

Some work visas like H1B, H2 require your employee to obtain a certification from the DOL. This certification is intended to demonstrate that there is a genuine need to employ a foreign worker and that the hiring will not negatively impact American workers.

Your visa application must be submitted with all required documents. Although each visa has its own relevant documents.

You will likely be required to attend an immigration interview in the last step of the application process. This is when an immigration officer will make the final decision on your case.