You may wonder how to apply for a US visa. There are many types of United States visas depending on your eligibility and professional criteria. If you want to do a job for the short term period as a nonimmigrant by following US immigration rules and regulations, then you will require a particular visa. The type of visa you will apply for will be dependent upon the type of your job in the US. There is a condition for the temporary workers before submitting the application for the visa. The condition is their employer will submit a petition verified by US citizenship and immigration services (USCIS) in the US.
Process for a petition (sponsorship approval)
The verification of the petition is essential from USCIS for all the workers applying for H, L, O, P, and Q visa. The process for it is:
- First, there will be the requirement for petition form 1-129 to get the verification from Embassy or the consulate in the US before applying for the visa,
- Second, when your application gets successful verification, there will be sent a notification to your employer. This notification will be a form-797 as a confirmation notification for the verification,
- Third, there comes the verification from the consular office. They will verify it via the department of Petition Information Management Service (PIMS) during the interview. For this purpose, in the interview, you must come up with your receipt number, 1-129 of your petition.
Important note!
In case your petition is approved, it is not confirmed that this approval will lead towards the issuance of the visa. If you do fulfill the criteria for the visa issuance, you will not get it.
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Types of visas and their details
Here we will discuss the details of each visa in depth.
1- H-1B (specialty occupation)
Someone who wants to come to the US for a specific job that is already planned can apply for this visa.
Eligibility criteria
To be eligible for this visa, you must have a bachelor’s or higher degree. This degree must be related to the field you will do the job in the US.
The USCIS will finalize your eligibility that your job sets up a specialty occupation or not. Moreover, you are eligible to do that particular job or not.
Requirements from employer
Your employer will submit:
- A labor condition application with the commodity of labor. He/she will also regard all the rules and regulations of the agreement of the job with you.
H-1B1 Treaty-based temporary work visa
The state allows Chile and Singapore’s residents to work on a temporary basis. This permission is due to the free commerce agreements signed with Chile and Singapore. So on this basis, the individuals who can apply for this visa are the residents of Singapore and Chile. The applicant can apply regardless of the thing that his/her partner or children have their residency in any other state.
Requirement for the applicant
The applicants for this visa must have a particular job proposal from the US.
Requirements for the employer
Before applying for this visa, the employer will issue a labor condition application with the commodity of labor regarding all the employment rules.
The employer will not require to do these things:
- Submission of Form 1-129,
- Petition for the employee,
- Approval requirement from Form 1-797 for the applicant.
2- H-2A visa (seasonal agricultural workers)
The US gives permission to the employers to hire international workers to the US in order to fulfill the quota of agriculture jobs. They require the international workers on the basis that there are no eligible US citizens to apply for these vacant posts.
Applicant’s requirement
For applying for this visa, you must have the capability to do jobs related to agriculture on a seasonal basis. Moreover, you must be willing to perform this job on a temporary basis.
The task for the employer
Your employer will issue a Form 1-129, petition for the worker on your behalf.
3- H-2B visa (skilled and unskilled workers)
Someone who wants to come to the US for a specific job which is seasonal can apply for this visa. The job he/she is applying for must have a lack of workers.
Employer’s requirement
The employer will get a verification letter from the department of labor. This verification will confirm that this specific job, has no eligible workers in the US to apply, that’s why your petition is made for this job.
4- H-3 (Trainee)
Someone who is coming to the US for a particular training can apply for the H-3 visa.
Details of training
The training you are coming for must fulfill these criteria:
- The training can be of any field other than graduation,
- This must be limited till 2 years,
- Your training should also pay you,
- Training will not lead towards the job in the US,
- You must have no option in your own state for the training.
5- H-4 ( dependents)
If you have an H visa then your children below the age of 21 can apply for this visa to rejoin you in the US.
Please note!
This visa will not allow your children to do jobs in the US.
6- L-1 ( Intra-company transferees)
Who can apply?
Someone who is a worker of an international corporation and transfers to the US in the main branch of that corporation can apply for this visa. Their transfer must be temporary. The international corporation could be US or foreigner-based.
Eligibility criteria
To be eligible for this visa there are the conditions given below:
- Your level in the job must be of a manager or an executive and appointed on the same level in the US. It is not the basic requirement to be at the same level in the US as you were in the past,
- Within the three years preceding your applying for admission to the US, you must have worked for an overseas corporation for a continuous year outside of the US.
Procedure
When the US corporation will receive the verified petition via USCIS on a “blanket” or individual basis, then you can apply for the L-1 visa.
7- L-2 (dependents)
If you have an L visa, then your partner and the children ( below the age of 21) can apply for this visa.
Procedure
According to the modifications in the rules, your partner must have job authorization. Your partner will also land in the US on her own L-2 visa. After that, the submission of Form 1-765 will be allowed. They will have to pay the charges for it.
Please note!
Your children will not allow for employment on the basis of this visa.
8- O Type
Eligibles
The people eligible for this visa are those having expertise in :
- Sciences
- Education
- Arts
- Sports
- Business
- TV or any other production
- Essential support personnels
9- P Type
Eligibles
The individuals who can apply for this visa are:
- Artists
- Athletics
- Entertainers
- Essential support personnels
The purpose of their entrance in the US will be their performance in any function/concert.
10- Q Type
The people who are coming to the US for their performance in an international cultural exchange program can apply for this visa. In their performance, they are supposed to share the culture, traditions, and history of their own state in the US.
Requirements
There are the following requirements in order to get this visa:
- The issuance of the petition on your behalf from the admin of the program/function on which you are performing,
- The petition must be verified through USCIS.
When to apply?
Your H, L, O, P, or Q visa application may be reviewed by the US Embassy or Consulate up to 90 days before the work status as indicated on your I-797.
Please note!
According to Federal restrictions, you can only utilize the visa to petition for arrival to the United States commencing 10 days before the commencement of the allowed status duration listed on your I-797.
Documentation
In order to apply for H, L, O, P, or Q visa, you will have to submit these documents:
- A Nonimmigrant Visa Electronic Application Form DS-160,
- A passport. The expiration date of the passport must be 6 months after your entrance into the US. If your passport contains more than one person, each person who needs a visa must apply separately,
- One photograph, taken a maximum of 6 months before you apply for the visa. The image must be 5 cm x 5 cm or 2 x 2 inches,
- The charges, depending on your country, there may be an extra visa issuance reciprocity cost if a visa is granted. You can check out if you have to pay a visa issuance reciprocity fee and how much it costs on the Department of State’s website,
- You must pay a scam security charge if you are an L-1 applicant on a blanket petition,
- The receipt number is printed on your I-129 petition that has been authorized. At the interview, paper copies of the I-797 are not necessary,
- An interview offer letter indicating that you made an appointment through this company,
- Any additional documentation that you believe may strengthen the consular officer’s information.
Application procedure
You will have to follow these steps:
Step:1
Fill the nonimmigrant visa electronic application DS-160 Form.
Step:2
Pay the charges for the application.
Step:3
Make an appointment on the web page. The data you will need is:
- Passport number,
- Your Visa Fee receipt’s CGI reference number,
- Your DS-160 verification page’s ten (10) number barcode code.
Step:4
On the day and time of your visa interview, go to the U.S. Embassy or Consulate. Bring these documents along with you:
- A printed copy of your offer letter,
- your DS-160 confirmation page,
- One recent photo,
- All current and previous passports.
Applications that do not include all of these documents will be rejected.
Additional documents
You must also submit an interview offer letter indicating that you booked an appointment through the service in addition to these documents. You may also bring any additional documents that you believe may strengthen the consular officer’s information.
Attention!
Keep in mind these important things:
- Do not submit fake documents,
- Fraud or misrepresentation can result in visa disqualification for the long – term,
- If you want to keep your documents private, bring them to the US Embassy or Consulate in a sealed cover,
- Your data will not be shared with anyone else and will be kept private by the United States Embassy or Consulate.
During the assessment, consular authorities examine each application individually and evaluate professional, social, cultural, and other aspects. Consular officers may examine your individual goals, family circumstances, and long-term plans and prospects in your home state. Each case is looked at separately and given all of the legal considerations.
If you are applying for the visa first time, bring these documents along with you for the interview:
- Verification of your professional qualifications, such as any university diplomas,
- Official statements from current and former employers describing your job, projects you worked on, and the duration you served for them,
- If you are currently employed in the United States and have an H-1B visa, please submit your payslip for the current calendar year as well as your federal tax documents (IRS Form 1040 and W-2) for all of the years you have worked in the country. You must bring:
- Salary slip from your existing and previous workplace,
- Your CV/Resume,
- The names and existing phone numbers of the personnel managers at both your existing and past jobs.
Documents required from the dependents:
For applying for a nonimmigrant visa, the following documents will be required from your dependents:
- Marriage certificate for your partner,
- Birth certificate for children of the age below 21,
- Your employer’s statement confirming your ongoing employment,
- In case your partner is currently employed in the United States on an H-1B visa, his or her salary for the current calendar will be required. Moreover, federal tax returns (IRS Form 1040 and W-2s) for all of the years he or she has worked in the United States on an H-1B visa are also required.