What Visa is Required to work in USA – 10 Facts
Working in the US is a dream that is held by many people. However, to get to this land of opportunity, you have to complete various tasks that prove to be challenging to most people. Applying for the correct visa ensures that you have a smooth stay in the country without having to worry about the authorities. RunRex.com has been helping many immigrant workers procure the right work documents, and thus we have compiled these facts that people need to know before applying for a work visa.
- H1-B visa applications are usually extremely competitive due to the high demand for the visas that exceeds their supply. It is for specialty professionals who hold at least a bachelor’s degree. The US government caps the H1-B visas awarded annually at 65,000 so that the country can have a sustainable workforce. There are an additional 20,000 visas that are granted to foreign nationals who are holders of a U.S. advanced degree.
- India has received the lion’s share of H1-B visas since 2001. More than 50 percent of these visas awarded in the past 16 years have gone to Indian Nationals. In comparison, China, which ranks in second, has only received 9.7 percent of the visas. It shows how competitive the process is for other foreign nationals. It is therefore advisable that one should seek professional help when applying to increase his/her chances of getting accepted.
- Higher education, as well as government research and non-profit organizations, are all exempt from the cap on the H1-B visas. The exemption was made to increase America’s competitiveness in research and innovations, and it is under the American Competitiveness in the 21st Century Act. However, foreigners granted these work visas are included in the cap if they choose to change their professions to a job that is not exempt from the cap.
- Foreign employees who work in an affiliate of a US company should apply for the L-1 visa because it is for workers of a multinational corporation who get a transfer to a branch in the US. The same visa is issued to the employees of a multinational corporation who are sent in the US to establish a branch of the company. One of the requirements for one to qualify for this visa is that he/she should have worked with the company for at least one year before seeking entry into the United States.
- The O-1 visa is for foreigners with extraordinary abilities. Exceptional ability means that you are highly skilled and recognized in your industry of expertise. The conditions for qualifying for such a visa include having a job offer from an American company and a portfolio of having had a significant contribution to your field of expertise. You should also earn a high remuneration and hold a leadership role in your employment.
- If you intend to work in the US in a seasonal job that does not require special expertise, then the H-2B visa is designed for you. Many professions related to hospitality, maintenance, and construction work require the H-2B visa. This visa is seasonal, and it lasts for up to one year. However, a worker can renew it twice. Applicants for the H-2B visa also exceed the supply, and thus the visas are capped at 66,000 annually.
- H-4 visa holders related to H-2A and H-2B visa holders are not allowed to work on in the US. The H-2A and H-2B visa holders are temporary workers in semi-skilled professions. The H-4 visa is issued to relatives of H visa holders so that they can live together in the United States. Although the spouses of H-2A and H-2B visa holders cannot lawfully hold job positions, the spouses of H-1B visa holders are allowed to work in the US.
- There is an annual limit of 140,000 for the number of visas issued for permanent employment-based residence. However, the actual number of visas awarded to workers is less than the annual cap since the limit figure includes the visas granted to the spouse and children of each employee.
- Fashion models are eligible for the H-1B visa to work in the US. However, unlike the other H-1B applicants, they are not required to hold a bachelor’s degree because their profession does not require them to have an undergraduate degree. The exemption was included by Congress to allow fashion models to have the benefits of an H-1B visa which is the best fit for their jobs.
- Dual intent does not cover a TN visa. TN visas are special visas for Canadians and Mexicans that are almost similar to the H-1B visas. However, unlike the H-1B visa, a TN visa holder is required to have an “intent to return” to their native country. Thus, it is challenging to gain a green card while in the US on a TN visa due to the contradiction on the “intent to return” clause.