USA Skilled Worker Visa For Foreigners 2024: Types of Work Visa, Requirements & Application Process

The H-1B visa allows foreign workers to work for a U.S. company for a limited time. Unlike the L or E visas, this visa doesn’t have strict requirements for the company, making it easier for employers to hire. The worker also doesn’t need to hold a management position in the company.

However, one downside is that there is usually a cap on the number of H-1B visas issued each year. So, it’s a good idea to explore other visa options first. Also, there is no cap on the number of H-1B visas available for jobs at universities, nonprofit organizations, or certain government-related research institutions.

Also Apply: Permanent Jobs in USA with Visa Sponsorship December 2024

USA Skilled Worker Visa For Foreigners 2024: Types of Work Visa, Requirements & Application Process

Types of Work Visa in the USA

Non-immigrant visas are for temporary stays in the U.S. for specific reasons, like business, education, or tourism.

Here’s a simplified version of the visa descriptions:

H-1B Visa: For people working in specialized jobs that require a bachelor’s degree or higher. It allows them to work in the U.S. for 3 years, extendable up to 6 years.
L-1 Visa: For employees being transferred within a company to a U.S. office, either in a managerial role or a position requiring specialized knowledge.
O-1 Visa: For people with extraordinary skills or achievements in their field, such as science, arts, or athletics.
E-2 Visa: For investors and their employees who are working in a business where they’ve invested significant capital.
TN Visa: For professionals from Canada and Mexico under the USMCA (formerly NAFTA), allowing them to work in the U.S. in certain professions.
B-1 Visa: For business visitors who are coming to the U.S. to attend meetings, negotiate contracts, or consult with business partners.

General Qualifications

To qualify for the H-1B visa, the applicant must have a U.S. bachelor’s degree or a foreign degree that is equivalent to a U.S. bachelor’s degree. In some cases, work experience or a combination of education and experience can also make someone eligible for the H-1B visa.
Models and other professionals who typically don’t have a degree in their field can still apply for an H-1B visa, as long as they meet other requirements.
If the applicant earned their degree from a foreign institution, they must prove that the degree is equivalent to a U.S. bachelor’s degree. This can be done through an “outside credential assessment” by an authorized service that evaluates foreign degrees.
Additionally, people with a U.S. Master’s degree may have an advantage, as a portion of the H-1B visas are reserved for applicants with this level of education.

Requirements

Like all other visas, the H-1B applicant must show they have a job offer from a U.S. employer. The job must require specialized skills, such as a U.S. bachelor’s degree or equivalent.
The employer must offer a salary that is at least equal to what other workers with similar experience and qualifications are paid, and hiring the applicant must not negatively affect the current workers. Additionally, there can be no strikes at the company where the applicant will work.
Before the employer can file the H-1B application, they must first submit a Labor Condition Application (LCA) to the U.S. Department of Labor. This application includes details about the salary, the absence of strikes, and confirmation that the union (if there is one) has been informed about the H-1B application. If there’s no union, the employer must post a notice about the application at their workplace for at least 10 days.
However, if the business relies heavily on H-1B workers, this may make the process more complicated.

More Details: Europe Jobs

Process of Work Visa Sponsorship

Here’s the information in a simple table format:

Step	Employer’s Responsibility	Employee’s Responsibility
File Petitions and Forms	Submit Form I-129 for nonimmigrant work visa sponsorship.	Submit Form I-140 for immigrant visa (if applicable).
Provide Documentation	Provide supporting documents and proof for the visa.	Submit additional required documentation (e.g., sponsorship letter).
Cover Application Fees	Pay application and related fees.	Ensure that all fees are covered.
Legal Assistance and Guidance	Offer legal help and guidance throughout the process.	Follow the guidance provided and ensure all paperwork is complete.

Application Process

The application process has been updated, and now there is an online registration system for the H-1B visa.

Step-By-Step Process

Here’s the process in simpler terms:
Registration with USCIS: The U.S. company looking to hire foreign workers must first register with USCIS.
Registration Period: The registration period usually starts one week after the company registers. During this time, the company can submit information about the foreign workers they want to hire. This period typically lasts around two weeks.
Lottery System: If there are more applications than available visas, a lottery is held to randomly select who will proceed. Those selected will be notified and can start submitting full petitions from April 1.
Additional Registration Period: If there are still unfilled visa slots, another registration period may start in early August.
Submitting the Full Petition: After the lottery, selected employers must submit a full petition, which includes forms like the I-129 and supporting documents about the worker (such as their educational background and, if needed, proof that their foreign degree is equivalent to a U.S. degree).
Premium Processing: Employers who pay an extra fee ($2,500 for premium processing) can get faster results (about 15 days). Without this, it might take several months to get a response.
Visa Application: Once the petition is approved, the final step is to apply for the actual visa at the U.S. Department of State.
Important Deadlines: Like other work visas (such as E, L, O, J), the H-1B visa has strict deadlines and cannot be applied for anytime during the year.

Conclusion

The H-1B visa process involves multiple steps, including employer registration, submission of worker details, and a lottery if demand exceeds available visas. After selection, a full petition with supporting documents must be submitted.

Employers can opt for premium processing to expedite the process. Once approved, applicants apply for the visa at the U.S. Department of State. The process is subject to strict deadlines and cannot be done year-round.

Also Apply: USA Embassy Recruitment Dec 2024: Find New Jobs, Application Process