US Work Visa USA Work Visa

US Work Visa

Working in the United State is the goal of many individuals across the world. Depending on the nature of your work, in most situations, you will first require the proper authorization to work in the United States. This means first obtaining a Work Visa prior to entering the U.S. labour market. There are many different types of work visas available to you, depending on what you intend to do in the U.S., you will need to determine which work visa is right for you.

U.S. Work Visas

Whatever your intended purpose in the U.S. is, there is a work visa for you. Depending on what your intended occupation is, you will need to apply for the right visa. See below for a list of the possible work visas that may apply to you:

L-1 Visa:

This visa is primarily for those foreign workers or business owners who wish to transfer existing or new U.S. Business

H-1B Visa:

This visa is geared at allowing professionals into the U.S. Labour Market. This visa is for those who are intending to work in what would be considered a high skilled occupation.

H-2B Visa:

The H-2B visa allows any foreign worker who is seeking temporary employment in the U.S. to obtain the status to do so. This visa is for both skilled and unskilled workers, except for in the agricultural field.

TN Visa:

The North American Free Trade Agreement (NAFTA) has helped bring the U.S., Canada and Mexico closer. Citizens of Canada and the U.S. are able to qualify for this Visa provided that their intended occupation in Canada falls under a list of eligible occupations under NAFTA.

What You will Need

Regardless of your situation, if it is your intention to work in the U.S., you will need the proper authorization to do so. This means you will need to obtain one of the above mentioned Visas to the U.S. and you may also need to obtain a Labour Certification.

Some temporary work visa categories require your intended employer to first obtain this Labour Certification from the Department of Labour prior to filing your application as a non-immigrant worker. Further, some categories are also limited in the total number of petitions which can be approved on a yearly basis.

Before you can apply as a temporary worker, a Petition for a Nonimmigrant Worker must be completed on your behalf by your employer. This needs to be approved by the United States Citizenship and Immigration Services (USCIS) before you can obtain your visa.

How We Can Help

Obtaining a work visas to the U.S. and garnering the ability to make a living for yourself or your family is the long felt dream of many prospective foreign workers. However, obtaining a work permit in the U.S. means that you have also first found an employer in the U.S. who is willing to hire you and obtain a Labour Certification first. This means that you will first need to find a prospective job before you can even attempt to apply for a work visa, in most cases.

As such, obtaining a work visa to the United States is a two stage process. We will help you with both.

We will assist you:

Draft the necessary forms;
Work with you and your employer to obtain the proper documentation;
Draft appropriate supporting documentation like a contract, employment offer letter, etc.;
Assist with preparing and filing for a Labour Certification;
Help demonstrate how you meet the conditions of a nonimmigrant worker;
Compile the strongest possible case as per your unique situation; and
Of course, be with you every step of the way.

For more information on U.S. Work Visas, feel free to browse our vast collection of information on the subject or contact us directly at 1-877-622-8182 or 416 477 2570. You can also email at Info@ToImmigrate.com.

What are the Different Categories of Employment Based Petitions?

There are various petitions that may be filed depending on the kind of work visa you may require. There are five main categories:

Employment First preference (E1) - Priority Workers - they need to file the Immigrant Petition for Foreign Worker, which is form I-140. This is filed with the USCIS. There are 3 sub-categories

o Persons with extraordinary ability

o Outstanding professor and researchers

o Multinational managers or executives

Employment second preference (E2): Professional holding advanced degrees or persons with Exceptional ability. You may have to file an Immigrant Petition for Alien Worker. Sub categories are:

o Professionals holding an advanced degree

o Persons with exceptional ability – sciences, arts or business

Employment Third preference (E3) - Skilled Workers, Professionals and Unskilled Workers. May have to file Immigration Petition for Alien worker, form I-140. Sub- categories:

o Skilled workers: person with 2 year minimum training or work experience in a specific job.

o Professionals: may require baccalaureate degree from U.S University or college or foreign equivalent degree.

o Unskilled workers - people capable of filing positions.

Employer Fourth preference (E4) - special immigrants, they may have to file Petition for American, Widow, or Special Immigrant, form I-360. Sub - categories include:

o Broadcasters in the U.S.

o Ministers of Religion

o Certain former employees

o Iraqi and Afghan national who have provided faithful and valuable service.

o And many more…

Employment Fifth Preference (E5) - Immigrant investors who promote job creation.

There are many different categories and petitions that are available to workers who may want to come to the U.S. It may be hard to determine what petition or category works for you.

Working in the U.S

Every year thousands of Canadians decide to seek employment opportunities in the United States, but finding a job may simply not be enough. Though the U.S. is just a border crossing away, it is still a different country, and has its own laws and regulations.

In order to work in the U.S. legally, you may need a work Visa. There are various options available for Canadians who seek opportunities to the U.S.

Here are some of the options that are available to Canadians:

H-1B visa - Canadians who have skills or experience in certain specialty occupation may be able to receive H-1B visa. They may be issued for both full-time and part-time employment.
H-2B - this option is available for people who may not have bachelor’s degree or higher education, but may still have a temporary job offer in the U.S.
TN visa - directed towards Canadian professionals whose professions are listed under the North American Free Trade Agreement. If these Canadian have a job offer from a U.S. employer, they may be able to qualify for a TN visa.
L-1 visa - if there is a company that does business both in Canada and the U.S., and would like to transfer an employee who holds a managerial or executive position. The employee may qualify for an L-1 visa.

There are various options available for Canadian employees planning to work in the U.S., but all the above options come with their own list of documents and forms. These documents may have to be filed before hand or be ready for the officer at the port of entry.

We understand the process can be intimidating, and we can help. You may contact us and our team of professionals will be happy to assist you.

What is a B1 Visa?

Do you need to enter the U.S. for reasons of business? Will this visit be for a short period of time? If this is the case, you may need to apply for a Visitor for Business Visa.

A B-1 visa allows a person to visit the U.S. for the purposes of participating in business activities which may include,

Consulting with business associates;
Conducting negotiations;
Estate transactions;
Attending conferences or conventions;
Training; and
Conducting research.

It is important to differentiate a Business Visitor Visa and a Work Visa. As the list above suggests, the reasons for entering the U.S. as a Business Visitor is usually short-term. You will only be permitted to stay for, generally, a period of six months. An extension may be granted if you have good reasons for extending your stay. Some of the work that you cannot do in the U.S. on a Visitor on a Business Visa is,

Enter the US Labor Market
Run a business

Essentially, anything that involves work that will result in paid wages, unless the wage comes from a source outside of the U.S., is not permitted.

There are some countries that may not require you to have a Work Visa as part of the Visa Waiver Pilot Program. These counties include, but are not limited to,

Australia
Belgium
Denmark
France
Italy
Spain
United Kingdom

In order to have your visa waived, you will have to hold a return or onward ticket to a country other than Canada through a participating travel airline. It is important to note that, if you are entering through the waived program, you must still meet the requirements of the B-1 as any other person would.

If you require further information regarding the B-1 visa or how to work in the U.S., at Akrami & Associates, one of our legal representatives may be of assistance to you. Call today to see how we can help.

Types of Working Visas

If you would like to come to U.S and work or if you are an employer who would like to hire a foreign worker, you have various options that may be able to help you. These are some of the worker visa programs that the U.S. offers:

L-1 Visa - Is the Intra-Company Transfer. This is directed towards individuals who may need to transfer between the same organizations from foreign country to U.S.
H-1B via - allows individuals who have education and work experience to work in a high skilled occupation. These are specialized occupations and require high level of skill.
H-2B visa - is for individuals who are seeking temporary employment in the U.S. They may be skilled or unskilled workers.
H-2A visa is specifically for workers in the Agricultural field. These workers may come only on temporary bases.
TN visa - work visa directed towards citizens from Canada and Mexico who would like to enter U.S. This visa is covered by the North American Free Trade Agreement (NAFTA).

Different visas have different requirements associated with them. They all have certain unique features and requirements. It is important that you understand those requirements, and apply for the right kind of visa.

We can help you understand your situation and direct you according to your needs. We can assist you with your application, required forms, and supporting documents. Contact us for more information and we would be happy to guide you towards success!

What Is Employment Eligibility Verification?

Employment Eligibility Verification is Form 1-9 in the U.S. Citizenship and Immigration Services. The purpose of this form is to verify an employee’s identity, and to ensure that the worker is eligible to work in the U.S.

Employers who wish to hire foreign worker have to file the I-9 form and verify the identity of every new employee hired after Nov 6, 1986. This also includes recruiters, agricultural employers, or farm labour contractors. The idea behind this form is to prevent any unlawful hiring and hiring of aliens who are not authorized to work in the country.

The Form has three sections:

Employee information and Attestation - this includes the basic information about the employee like name, date of birth, social security number etc. Employees must complete this section.
Employer or Authorized Representative Review and Verification - employers would have to examine the evidence of identity that was provided by the employee in the previous section.
Reverification and Rehires - this section applies if you are attempting to rehire an employee that is already authorized.

It is extremely important that both the employer and employee fill this form accurately.

Your application may be rejected if the officer reviewing is not satisfied with the identities of the employee and the employer.

The employer may use “E-verify” to examine the employee’s identity. E-verify compares the data presented by the employee in section 1 to the U.S. Department of Homeland Security and Social Security Administration record.

If you have questions about hiring a foreign worker, feel free to contact us and we would be happy to discuss your situation and provide you with options.