‎Work Visa to the United States

The J-1 visa allows you to go to the United States for all short-term programs related to study or work. In short, you will need this visa if you:

• Do an internship (J-1 intern)
• Are a professional under 40 years old and want to start a short job (J-1 Trainee)
• Are a student and want to do a summer job in the US (J-1 Work & Travel)
• Are an au pair
• Do an exchange with a foreign university (Erasmus type program)
• Do research at an American university

This is also the visa you will have if you do a VIE in the USA. There are other cases for which the J-1 visa is valid but the ones I stated above are the most common. Below, I detail the J-1s most frequently used to work in the US. Check out the complete guide to J-1 Intern and Trainee visas.

The J1 Intern visa for internships: You must be a student or graduate less than 12 months old. Your internship should also be related to what you are studying. This visa is valid for any internship lasting from 1 to 12 months. You can get this work visa as many times as you want as long as you are eligible.

PS: If you wish to do two internships in the same company, you must respect a waiting period of 3 months between the two internships. Deadlines for obtaining it: 1-2 months from the start of file preparation until receipt of the visa. See all the procedures. To obtain an internship with this visa, read the story of Lisa who found 1 internship thanks to this visa.

The J1 Trainee visa for young professionals: If you are a young professional, the J-1 Trainee is a great gateway to working in the US. It is relatively simple to obtain. You have to: Be between 20 and 40 years old, OR hold a higher education diploma and have at least 1 year of experience, OR have at least 5 years of experience if you only have the Baccalaureate or a CAP. It is much easier to obtain than an H-1B but lasts a maximum of 18 months. It is also difficult to renew because there is a 2-year waiting period to be respected between two D-1 Trainees. Deadlines for obtaining it: 1-2 months from the start of file preparation until receipt of the visa. See how to obtain the J1 Trainee visa.

The J1 Work & Travel visa for summer jobs: If you want to do a summer job in the US, you must apply for this visa, even if your job lasts less than 90 days. To obtain it you must: Be a student in higher education, Find a paid seasonal job. The maximum duration of the summer job is 4 months. It must take place between June 1 and September 30 of each year. Deadline to obtain it: 1 month. For your family? In the cases of J-1 Intern and J-1 Trainee, your spouse and children will be able to accompany you and will benefit from the J-2 visa. Your spouse will also be able to obtain a work authorization. Unfortunately, this is not possible for J-1 Work & Travel.

In conclusion: The J-1 work visa is one of the easiest American visas to obtain. It does not require the help of an immigration lawyer, which makes its cost more affordable. This is a good solution for a first experience in the United States.

However, since its duration is limited, it does not allow you to stay in the land of the burger long term.

The L1 visa: If your company sends you to work in the US

If you have worked for at least 1 year for a company and it sends you to work in one of its offices or for a subsidiary in the United States, then you are eligible for an L1 visa. There are two scenarios:

If you arrive in the United States to occupy a high-ranking managerial position then you will have an L-1A visa valid for 17 months and renewable.

If you are transferred to the United States because you have rare or special skills, then you will obtain the L-1B visa valid for 17 months and renewable. In these two cases, to obtain your work visa, you must have worked for your employer for at least 1 year continuously during the previous 3 years.

For your family? Your family members can accompany you on the L-2 visa. Your spouse may receive a work authorization once there.

The E2 visa: For entrepreneurs and their employees

For example, if you want to come to the US to launch a real estate company and become leader of the free world, this is the visa you need!

To obtain the E-2 visa, the entrepreneur must:

• Invest a substantial amount of a minimum of $50,000 but in general, it's more around $100,000 (it all depends on the business you are starting)
• Intend to come to the United States solely to develop and run this business in the United States
• Aim to grow the business and hire people (who aren't just himself and his family)

It is necessary to call on an immigration lawyer and also often a specialist to help you put together the file. Indeed, you must prove that your project is solid and requires a business plan. Deadlines for obtaining it: from 2 to 10 weeks to process the file at the embassy. Of course, you must add the time to prepare the file beforehand.

To obtain the E-2 visa as an employee you must:

• Be of the same nationality as the investor
• Have a position of responsibility (such as being a team manager) or have special skills, i.e. rare skills or expertise in a field

It is a long-term visa (5 years) and there is no quota. However, you cannot transfer this visa to another company. Additionally, if the business does poorly or closes, the visa is lost and the entrepreneur and his employees return home. In general, it takes 2 to 3 months to obtain the visa from preparation of the file to obtaining it.

For your family? Your spouse may also be eligible for an E-2 visa to follow you. He/she may receive a work permit once there. Your children will also be able to obtain an E-2 visa.

In conclusion: As an employee, the E-2 visa is a real solution for living in the USA in the long term but has the disadvantage of blocking you with the company that sponsors you.

The H1B visa: If you are employed by an American company

If you have at least a Bachelor's degree or its equivalent and you are recruited by an American company, this visa is for you. It was created to help American companies recruit foreigners with high skill levels. Many American companies use it to recruit talent from abroad, particularly in Silicon Valley. For example, 15% of Facebook employees were on H1b visas in 2016.

The advantages of this visa:

• Its validity period is long: 3 years, renewable once (6 years max)
• It is possible to transfer the visa to another employer if you wish to change jobs and stay in the United States. You are therefore not tied hand and foot to your employer as with most other visas.

The constraints:

• Only 85,000 visas available per year
• You must apply for the visa on April 1 of each year (the day registration opens)
• Delays! Expect 8 to 10 months. You will not receive the visa until October at the earliest even if you apply in April

You have at least a Bachelor's, Master's or higher. Your job is a qualified job that requires at least a Bachelor's degree. Your salary is at least equal to the salaries usually paid for people with the same level of diploma and training (This is to prevent companies from recruiting foreigners and underpaying them).

Contrary to rumors, you can work in any type of profession to qualify for H-1B. There are no sectors of activity for which these visas are reserved.

For your family? They can accompany you thanks to the H-4 visa. Your spouse will be able to receive a work authorization if you start the green card procedure and will be able to work for any American company.

The O visa: If you have extraordinary skills

If you have extraordinary skills or have had notable achievements in the arts, sciences, education or business, you will be eligible for this visa. Your successes must have been recognized nationally or internationally.

For example, you have probably already danced (whether you admit it or not) to the music of a Canadian who lives in the USA on an O-1B visa:

There are several categories of O visa:

• The O1A visa: If you are an Ace in science, education, business or a high-level athlete.
• The O1B visa: If you are a music, TV or cinema star (and perhaps reality TV? The American administration documentation does not specify this).
• The O2 visa: If you work for someone holding an O-1 visa. If you are a “normal” person like me, this is your chance to get a visa.

The O visa is valid for 3 years and is renewable. As with all long-term visas, it is better to work with an immigration lawyer to build your file.

How to get an O-1 visa? You must be able to demonstrate extraordinary and recognized success or skills in your field. You will have to prove that you are in the Top 1% of your field in terms of prizes won, articles published about you or a very high salary.

The advantage of the O-1 is that you can apply for it on your own, without an employer, which then leaves you the possibility of working for yourself, setting up a company, or being employed by any company. You can also apply for the visa with the support of a sponsoring company.

How to get an O-2 visa? You must be employed by the O-1 visa holder and demonstrate that you have the necessary and essential skills to assist the holder in their work.

For your family? If you are an O-1 or O-2 visa holder, then your family will be able to obtain an O-3 visa. However, your spouse will not be able to obtain a work authorization. More affordable, the O-2 is also an option to keep in mind when going to the United States!

The B1 visa: For temporary business stays

The B visa is a 6-month work visa that allows you to enter the United States to carry out business-related activities. More specifically, it allows you to:

• Meet with associates or clients
• Negotiate contracts
• Participate in training

Typically, this is the visa used by a business manager who has several clients in the United States and wishes to travel there regularly.

Each visit to the United States with this visa must last less than 6 months. You can enter and exit the USA as many times as you wish as long as you do not exceed 6 months cumulatively per year (generally, this visa is granted to you for several years).

The F1 visa: If you study in the USA

If you are admitted to an American university to study and obtain a degree, then you will have the F-1 visa. In the first year, you can only work on your university campus (at the school gym or as a professor's assistant, for example). After the first year, you can work off campus as long as the work is related to your studies. Once you have your diploma, you can request an OPT (Optional Practical Training) which gives you the right to work anywhere in the United States for 12 months. Graduate in math, technology, engineering, or science? Then your OPT can be extended by an additional 24 months (36 months in total). P.S: if you are on a university exchange in the United States for a few months then you will have a J-1 visa and you will not have the right to work.

Visa I: If you are a journalist

More rare, you will obtain the I visa if you are a journalist for a newspaper, radio, or television channel and sent to the United States. Film crews, reporters and all journalist staff will also have this visa.

Visa A: If you are a diplomat or member of the government

Even rarer, if you are a high-ranking government representative, ambassador, consul, or member of a ministerial cabinet, you will enter the USA with the A-1 visa. If you are employed in an embassy or consulate in the United States, you will benefit from the A-2 visa.

The P visa: If you are an athlete or artist visiting for a competition or performance

If you are a high-level, recognized athlete and wish to come to the US to participate in a competition, then you can apply for the P-1A visa. If you are an internationally recognized artist and plan to enter the United States to perform, you can obtain the P-1B visa. In both cases, your staff can also obtain the same visa as you.

EB-2 NIW visa: a step towards the Green card. Find out how it works and how to request yours

Professionals from different areas, such as health, education, engineering, science, among others, can request the EB-2 NIW. Permanent residence in the United States is desired by many non-Americans.

The American dream is desired by many people worldwide, after all, who, when visiting Uncle Sam's land, doesn't imagine themselves living there and having access to all the ease and freedom that America offers?

One of the ways to obtain permanent residency in the United States is the EB-2 NIW visa. Many people are not even aware of this type of visa, which allows exceptional professionals to emigrate permanently to the North American country without the need for a sponsor.

If you want to live and work in the United States, and continue working in your field of profession, continue reading and understand more about how to obtain this category of visa and obtain a Green Card.

What is the EB-2 NIW visa?

The EB2-NIW visa is a category of American emigration visa called Employment-Based Immigration: Second Preference EB-2. In it, there is the possibility for the applicant to request exemption from the waiver of a sponsor for the visa, as the NIW deals with: National Interest Waiver, that is, waiver because it is in the national interest of the United States. It is a process that takes as a basis the career and achievements made by the applicant.

This national interest waiver came about with Matter of DHANASAR, an aerospace engineering researcher who had a waiver in his national interest application to pursue his research into air and space propulsion systems. Appealing the decision, the court considered the substantial merit and national importance of his research, its position to advance the field, and the overall benefit to the United States.

USCIS, the competent body that evaluates applications, after this decision may grant a national interest waiver if the applicant demonstrates:

• The candidate's proposal has substantial merit and national importance to the United States;
• That the candidate is well-positioned in their career;
• That, all things considered, it would be beneficial for the United States to waive job offer and labor certification requirements, that their coming would not affect the market.

If approved in the process, the applicant is ultimately awarded a Green Card, a permanent residence card in the United States. After 5 years of living legally, it is possible to apply for American citizenship. Furthermore, it is possible to join the process with a spouse and children under 21 years of age.

Unlike the regular EB-2, the particularity of this category is that it is aimed especially at workers of interest to the United States, as the name explains. The main benefit is that it exempts the involvement of an employer or a request for Labor Certification. In other words, the applicant does not need to have a planned job in the country.

The entire process is processed by USCIS – U.S. Citizenship and Immigration Services, and they judge whether the candidate is eligible for a sponsor exemption due to it being in the national interest. Therefore, this professional must have exceptional skills and qualifications and an exemplary track record in their area of expertise.

How to apply for this visa category?

EB2-NIW is an administrative process, that this is an extremely bureaucratic process, where it is necessary to gather several documents, it may be necessary to seek professional support.

Check out the steps for applying for this type of visa:

Eligibility

Professionals from different areas, such as health, education, engineering, science, among others, can request the EB-2 NIW. It is divided into 2 categories: Advanced Degree and Exceptional Ability.

In the Advanced Degree category, the candidate must provide documentation, such as an official academic record that proves that you have a postgraduate degree in the United States or an equivalent degree abroad; official academic record proving that you have a bachelor's degree in the United States or an equivalent degree abroad; and letters from current or former employers that indicate you have at least 5 years of progressive experience after obtaining a bachelor's degree in the specialty.

If a doctorate is customarily required, you must possess a U.S. doctorate or an equivalent foreign degree.

For the Exceptional Ability category, the candidate must meet at least three of the criteria below:

• Registration official certificate proving that you have a degree, certificate, or similar award from a college, university, school, or other educational institution related to your area of exceptional skill;
• Letters from current or former employers documenting at least 10 years of full-time experience in your occupation;
• License or certification to practice your profession;
• Evidence that you have received a salary or other remuneration for services that demonstrate your exceptional ability;
• Membership of professional associations;
• Recognition for significant achievements and contributions to the industry or field, given by peers, government entities, professional or business organizations.

Petition

The next step involves filing the Petition followed by a Form. The petition is a defense before the American government of why you deserve to be exempt from a sponsor, as there is national interest and you deserve a green card. It is a document that highlights the candidate's achievements and argues how his presence in the US benefits the national interest. This Form is what endorses the request.

Documentary Evidence

The petition must be accompanied by substantial documentary evidence, such as awards, publications, expert testimony, and other documents that prove the importance of the candidate's achievements.

USCIS Processing

After submitting the petition and paying the fee, the United States Citizenship and Immigration Services (USCIS) will evaluate the application. It is essential to ensure that all documents are accurate and complete to avoid delays in the process.

If USCIS questions, it may send an RFE (request for evidence), request for more evidence, or a NOID Notice of Intent to Deny, when there is an intention to deny your case, but USCIS gives you an opportunity to "appeal ".

If your process is approved, it is not the final step, as you still need to go through an interview, undergo a medical examination at an institution recommended by the American government, and after that, wait to be called on the Visa Bulletin to apply for your Green card.

If the foreign national is in the United States and has a valid visa, he or she will apply through a process called Adjustment of Status with USCIS. Therefore, during the analysis and process, the applicant will need to remain in the United States.

Remembering that this content does not constitute legal advice and provides information available on the USCIS portal. To obtain more information about your process, you need to hire a consultancy.