The United States is known as the home of immigrants, the reason being that it accommodates persons of various backgrounds and diverse beliefs. The founding fathers of the country believed that everyone with lofty ideas could succeed as long as they had something to offer the country.

Every fiscal year (October 1^st – September 30^th), approximately 140,000 employment-based immigrant visas are made available to qualified applicants under the provisions of U.S. immigration law. Certain spouses and children may accompany or follow-to-join employment-based immigrants.

In this write-up, readers will be exposed to various requirements and necessary information as touching immigrants interested in working and settling in the United States of America.

Criteria for Immigrants to Get a Work Visa to the United States

There are two forms of work visas in the United States of America. They are Temporary work permit and Permanent Residence work permit

Temporary Work Permit In the USA

Foreign nationals who want to enter the United States legally must obtain a visa to do so. However, not every type of visa allows a temporary visitor to acquire income while they are here. To legally work for a predetermined period as a non-U.S. citizen or legal permanent resident, you will first need to apply for and receive a temporary employment visa.

There are many different forms of temporary employment visas in San Diego that immigrants could successfully apply for most people who want to get temporary employment visas in San Diego apply for one of the varieties of H visas, which are generally meant for foreign nationals coming to the United States to work for a specified period or on a contract basis. Some of the most commonly sought-after H visas include:

H-1B, for “specialty occupations” that require a university degree or equivalent level of training
H-2A, for seasonal or temporary agricultural work
H-2B, for seasonal or temporary non-agricultural work
H-3, for occupational training other than graduate academic or medical training

Numerous other categories of nonimmigrant worker visas are meant for more specialized purposes. For example, P visas are reserved for athletes, artists, and entertainers coming to the U.S. for a performance or competition, while L visas are for management or executive-level employees of a multinational company who want to transfer to a U.S. branch of that company. A qualified attorney could work with an individual applicant to determine what specific visa category they should apply under to serve their unique needs and interests.

The Application Process for Temporary Employment

While each different visa category comes with different application requirements, there are some broad similarities across the board. Virtually every temporary employment visa applicant who wishes to work or perform in San Diego needs to fill out Form DS-160, Online Nonimmigrant Visa Application, and submit it to USCIS with a current photo. Most individuals seeking employment temporarily also need to have a sponsoring employer fill out and submit Form I-129, Petition for a Nonimmigrant Worker on their behalf before applying for a visa themselves.

Furthermore, unless an applicant is under 13 or over 80 years old, they may be required to attend an interview at the U.S. embassy or consulate in the country from which they intend to travel. A qualified immigration lawyer could provide counsel about any further application requirements for a particular visa category as needed. Whether you intend to work in the U.S. for a preset contract, transfer to an American branch of the company you already work for, perform in a specific show or competition, or undertake any other form of work here, you will need a temporary employment visa.

Permanent Work Visa in the US

The First Steps toward an Immigrant Visa: Labor Certification and Filing a Petition To be considered for an immigrant visa under some of the employment-based categories below, the applicant’s prospective employer or agent must first obtain a labour certification approval from the Department of Labor. Once received (if required), the employer then files an Immigrant Petition for Alien Worker, Form I-140, with the U.S. Citizenship and Immigration Services (USCIS) for the appropriate employment-based preference category. (NOTE: Persons with extraordinary abilities in the Employment First preference category can file their petitions.) When filing the Immigrant Petition for Alien Worker, Form I-140, see the detailed form instructions, as well as more detailed requirements information on the USCIS Permanent Workers.

CATEGORIES

Employment First Preference (E1): Priority Worker and Persons of Extraordinary Ability

There are three sub-groups within this category:

Persons with extraordinary ability in the sciences, arts, education, business, or athletics. Applicants in this category must have extensive documentation showing sustained national or international acclaim and recognition in their fields of expertise. Such applicants do not have to have specific job offers, so long as they are entering the U.S. to continue work in the fields in which they have extraordinary ability. Such applicants can file their own Immigrant Petitions for Alien Worker, Form I-140, with the USCIS.
Outstanding professors and researchers with at least three years experience in teaching or research, who are recognized internationally. Applicants in this category must be coming to the U.S. to pursue tenure, tenure track teaching, or a comparable research position at a university or other institution of higher education. The prospective employer must provide a job offer and file an Immigrant Petition for Alien Worker, Form I-140, with the USCIS.
Multinational managers or executives who have been employed for at least one of the three preceding years by the overseas affiliate, parent, subsidiary, or branch of the U.S. employer. The applicant’s employment outside of the U.S. must have been in a managerial or executive capacity, and the applicant must be coming to work in a managerial or executive capacity. The prospective employer must provide a job offer and file an Immigrant Petition for Alien Worker, Form I-140, with the USCIS.

Employment Second Preference (E2): Professionals Holding Advanced Degrees and Persons of Exceptional Ability

A Second Preference applicant must generally have a labour certification approved by the Department of Labor. A job offer is required and the U.S. employer must file an Immigrant Petition for Alien Worker, Form I-140, on behalf of the applicant. Applicants may apply for an exemption, known as a National Interest Waiver, from the job offer and labour certification if the exemption would be in the national interest. In this case, the applicant may self-petition by filing the Immigrant Petition for Alien Worker, Form I-140, along with evidence of the national interest. Professionals Holding Advanced Degrees and Persons of Exceptional Ability receive 28.6 percent of the yearly worldwide limit of employment-based immigrant visas, plus any unused visas from the Employment First Preference category.

There are two subgroups within this category:

Professionals holding an advanced degree (beyond a baccalaureate degree), or a baccalaureate degree and at least five years progressive experience in the profession.
Persons with exceptional ability in the sciences, arts, or business. Exceptional ability means having a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.

Employment Third Preference (E3): Skilled Workers, Professionals, and Unskilled Workers (Other Workers)

A Third Preference applicant must have an approved Immigrant Petition for Alien Worker, Form I-140, filed by the prospective employer. All such workers generally require labour certification approved by the Department of Labor. Skilled Workers, Professionals, and Unskilled Workers (Other Workers) receive 28.6 percent of the yearly worldwide limit of employment-based immigrant visas, plus any unused visas from the Employment First Preference and Second Preference categories.

There are three subgroups within this category:

Skilled workers are persons whose jobs require a minimum of 2 years of training or work experience that are not temporary or seasonal.
Professionals are members of the professions whose jobs require at least a baccalaureate degree from a U.S. university or college or its foreign equivalent degree.
Unskilled workers (Other workers) are persons capable of filling positions that require less than two years of training or experience that are not temporary or seasonal.

Employment Fourth Preference (E4): Certain Special Immigrants

A Fourth Preference applicant must be the beneficiary of an approved Petition for Amerasian, Widow(er), or Special Immigrant, Form I-360, except Certain Employees or Former Employees of the U.S. Government Abroad (see number 3 below). Labour certification is not required for any of the Certain Special Immigrants subgroups. Special Immigrants receive 7.1 percent of the yearly worldwide limit of employment-based immigrant visas.

There are many subgroups within this category:

Broadcasters in the U.S. employed by the International Broadcasting Bureau of the Broadcasting Board of Governors or a grantee of such organization
Ministers of Religion
Certain Employees or Former Employees of the U.S. Government Abroad – Must use Form DS-1884, Petition To Classify Special Immigrant Under INA 203(b)(4) As An Employee Or Former Employee of the U.S. Government Abroad
Certain Former Employees of the Panama Canal Company or Canal Zone Government
Certain Former Employees of the U.S. Government in the Panama Canal Zone
Certain Former Employees of the Panama Canal Company or Canal Zone Government on April 1^st, 1979
Iraqi and Afghan interpreters/translators who have worked directly with the United States armed forces or under the Chief of Mission authority as a translator/interpreter for at least 12 months and meet requirements. This classification has an annual numeric limitation of 50 visas. See Special Immigrant Visas for Iraqi and Afghan Translators/Interpreters for more information.
Iraqi and Afghan nationals who have provided faithful and valuable service while employed by or on behalf of the U.S. government in Iraq for not less than one year on or after March 20^th, 2003 and before September 30, 2013, or while employed by, or on behalf of the U.S. government, the International Security Assistance Force (ISAF), or a successor mission in Afghanistan for not less than one year between October 7^th, 2001 and December 31, 2023, and have experienced an ongoing serious threat as a consequence of that employment. See Special Immigrant Visas for Iraqis – Worked for/on behalf of the U.S. Government and Afghans – Worked for/on behalf of the U.S. Government for more information.
Certain Foreign Medical Graduates (Adjustments Only)
Certain Retired International Organization Employees
Certain Unmarried Sons and Daughters of International Organization Employees
Certain Surviving Spouses of deceased International Organization Employees
Special Immigrant Juveniles (no family member derivatives; Adjustments Only)
Persons Recruited Outside of the United States Who Have Served or are Enlisted to Serve in the U.S. Armed Forces
Certain retired NATO-6 civilians
Certain Unmarried Sons and Daughters of NATO-6 civilians
Certain Surviving Spouses of deceased NATO-6 civilian employees
Persons who are beneficiaries of petitions or labour certification applications filed before September 11^th, 2001, if the petition or application was rendered void due to a terrorist act on September 11^th, 2001
Certain Religious Workers

Employment Fifth Preference (E5): Immigrant Investors

Immigrant Investor visa categories are for capital investment by foreign investors in new commercial enterprises in the United States which provide job creation. Select Immigrant Investor Visas to learn more about this employment-based category.

Required Documentation.

In general, the following documents are required:

Passport(s) valid for six months beyond the intended date of entry into the United States, unless longer validity is specifically requested by the U.S. Embassy/Consulate in your country. Please review the instructions for guidance.
Form DS-260, Immigrant Visa and Alien Registration Application.
- Preview a sample DS-260 (6.4MB).
Two (2) 2×2 photographs. See the required photo format explained in Photograph Requirements.
Civil Documents for the applicant. See Documents the Applicant Must Submit for more specific information about documentation requirements, including information on which documents may need to be translated. The consular officer may ask for more information during your visa interview. Bring your original civil documents (or certified copies) such as birth and marriage certificates, as well as legible photocopies of the original civil documents, and any required translations to your immigrant visa interview. Original documents and translations can then be returned to you.
Financial Support – At your immigrant visa interview, you must demonstrate to the consular officer that you are not likely to become a public charge in the United States. (NOTE: For applicants where a U.S. citizen or lawful permanent resident (LPR) relative filed the Form I-140 petition or where such a relative has a significant ownership interest in the entity that filed the petition, that relative must complete Form I-864, Affidavit of Support Under Section 213A of the Act, on behalf of the applicant.)
Completed Medical Examination Forms – These are provided by the panel physician after you have completed your medical examination and vaccinations (see below).

Visa Interview

Once the NVC determines the file is complete with all the required documents, they schedule the applicant’s interview appointment. NVC then sends the file, containing the applicant’s petition and the documents listed above, to the U.S. Embassy or Consulate where the applicant will be interviewed for a visa. The applicant, attorney, and third-party agent, if applicable, will receive appointment emails, or letters (if no email address is available), containing the date and time of the applicant’s visa interview along with instructions, including guidance for obtaining a medical examination.

Each applicant should bring a valid passport to the interview, as well as any other documentation above not already provided to NVC. A consular officer will interview the applicant, and the consular officer will determine whether the applicant is eligible to receive an immigrant visa by U.S. immigration law. Ink-free, digital fingerprint scans will be taken on the day of the interview. Generally, an applicant receives original civil documents and original translations back at the time of the interview.

Medical Examinations and Vaccinations

Important Notice: In preparing for your interview, you will need to schedule and complete your medical examination and any required vaccinations before your visa interview. Before an immigrant visa can be issued, every applicant, regardless of age, must undergo a medical examination which must be performed by an authorized panel physician. NVC provides applicants with instructions regarding medical examinations, including information on authorized panel physicians. See Medical Examination for more information, including a list of panel physicians by country, and frequently asked questions.

Vaccination Requirements

U.S. immigration law requires immigrant visa applicants to obtain certain vaccinations before the issuance of immigrant visas. See Vaccination Requirements for IV Applicants for the list of required vaccinations and additional information.

How Long Does It Take?

Employment-based immigrant visa cases take additional time because they are in numerically limited visa categories. The length of time varies from case to case and cannot be predicted for individual cases with any accuracy. Some cases are delayed because applicants do not follow instructions carefully. Some visa applications require further administrative processing, which takes additional time after the consular officer interviews the applicant.

Visa Ineligibility

Certain conditions and activities may make an applicant ineligible for a visa. Examples of these ineligibilities include: drug trafficking; overstaying a previous visa; and submitting fraudulent documents. If you are ineligible for a visa, you will be informed by the consular officer and advised whether there is a waiver of the ineligibility available to you and what the waiver process is. Ineligibilities and Waivers: Laws contain the complete list of ineligibilities.

Misrepresentation of Material Facts or Fraud

Attempting to obtain a visa by the willful misrepresentation of a material fact or fraud may result in you becoming permanently ineligible to receive a U.S. visa or enter the United States.

When You Have Your Immigrant Visa – What You Should Know

If you are issued an immigrant visa, the consular officer will give you your passport containing the immigrant visa and a sealed packet containing the documents which you provided. You mustn’t open the sealed packet. Only the U.S. immigration official should open this packet when you enter the United States. You are required to enter the United States before the expiration date printed on your visa. When travelling, the primary (or principal) applicant must enter the United States before or at the same time as family members holding visas.

USCIS Immigrant Fee – You must pay the USCIS Immigrant Fee to U.S. Citizenship and Immigration Services (USCIS) after you receive your immigrant visa and before you travel to the United States. (SI-1, SI-2, SI-3, SQ-1, SQ-2, and SQ-3 visa holders will not pay the fee.) Select USCIS Immigrant Fee on the USCIS website for more information.

Important Notice: USCIS will not issue a Permanent Resident Card (Form I-551 or Green Card) until you have paid the fee.

Entering the United States: Port-of-Entry

A visa allows a foreign citizen to travel to the U.S. port-of-entry and request permission to enter the United States. Applicants should be aware that a visa does not guarantee entry into the United States. The DHS, and U.S. Customs and Border Protection (CBP) officials have the authority to permit or deny admission to the United States. Travellers should review important information about admissions and entry requirements on the CBP website under Travel.

Once you have paid the USCIS immigrant fee and have been admitted to the U.S. as a permanent resident, your Permanent Resident Card, Form I-551 (formerly called Alien Registration Card, also known as a (green card) will be mailed to you.

When You Are a Permanent Resident

Coming to the United States to live permanently, you will want to learn more about your status as a Lawful Permanent Resident. See Welcome to the United States: A Guide for New Immigrants to review information on the USCIS website about living in the United States.

Additional Information

Immigrant visa applicants should not make any final travel arrangements, dispose of property, or give up jobs until and unless visas are issued. Some visa applications require further administrative processing, which takes additional time after the visa applicant’s interview. An immigrant visa is generally valid for six months from the issuance date.

General Visa Questions

Before submitting your inquiry, we request that you carefully review this website for answers to your questions. Because of the volume of inquiries, we cannot promise an immediate reply to your inquiry.
If your inquiry concerns a visa case in progress overseas, you should first contact the U.S. Embassy or Consulate handling your case for status information. Select the U.S. Embassy or Consulate to find contact information.
You can find contact information for our Public Inquiries Division at Contact Us.

Cost of Getting A U.S. Work Visa.

The cost of a US work visa depends on the type of visa and petition:

I-129 Petition for A Nonimmigrant Worker: As of April 1, 2024, the fee is $780, but it’s $460 for small employers and nonprofits.
I-129 for L: The fee is $1,385.
Nonimmigrant visa: The application fee is $190 for most petition-based visas,

Employers are required to pay the fees for H-1B and E-3 visas. However, either party can pay for optional 15-day premium processing fees to expedite the process.

To qualify for a work visa, you must have a job offer in the US and have been accepted into the position. The US requires several documents from your employer before you can start your visa application.

How Do I Apply for the U.S. Permanent Work Visa?

Foreigners interested in working and living in the US can apply through the U.S. Consulate in their respective country.

Also, a sponsor or family member can apply on behalf of a prospective immigrant unless the immigrant is considered able to petition by his or herself (this is often offered to investors, for example). The application must be filed with the U.S. Citizenship and Immigration Services (USCIS).

You will be required to follow these steps:

Submit a Petition for USCIS approval
Await NVC Processing
Pay Fees
Have your sponsor sign an Affidavit of Support (Form I-864), which accepts financial responsibility for the applicant
Submit Financial Documents
Complete the Online Application for Immigrant Visa and Alien Registration (Form DS-260)
Collect civil documents
Scan documents
Submit documents
Prepare for your interview
Attend applicant interview
Wait for the decision