Working in the United States
Many aliens want to come to the United States to work. This page provides a summary of employment-based nonimmigrant and immigrant visa classifications and other categories of aliens who are eligible for employment authorization. Each classification provides a link to more detailed information on its requirements.
A common way to work temporarily in the United States as a nonimmigrant is for a prospective employer to file a petition with USCIS on your behalf. The Temporary (Nonimmigrant) Workers webpage describes the main nonimmigrant temporary worker classifications.
Temporary (Nonimmigrant) Workers webpage
If you have the right combination of skills, education, and/or work experience, you may be able to live and work permanently in the United States by seeking an employment-based immigrant visa. The Permanent Workers webpage describes the five employment-based immigrant visa preferences (also called categories).
If you live outside the United States and want to work here, you generally must apply for a visa from the U.S. Department of State (DOS), unless a visa is not required for people from your country of nationality. You may visit DOS’ Travel Without a Visa page for more information.
In many cases, USCIS must approve your petition before you are eligible to apply to DOS for a visa or seek admission at a port of entry. Before entering the United States, you must present yourself to a U.S. Customs and Border Protection (CBP) officer and receive permission to enter the United States and engage in your proposed activity.
If you are in the United States in a lawful nonimmigrant status that does not provide employment authorization, you generally may apply for:
- A change of status to a nonimmigrant classification that provides employment authorization; or
- An adjustment of status to become a lawful permanent resident. This may be a concurrent filing with an immigrant visa petition or, depending on the circumstances, may require an applicant to obtain an approved immigrant visa before applying for an adjustment of status to become a lawful permanent resident.
Depending on the classification you seek, your change or adjustment of status application might require a U.S. employer or other qualified requestor to file an application or petition on your behalf to establish your eligibility before we approve your application. However, if you apply based on certain classifications (for example, an alien with extraordinary ability or as a nonimmigrant E-1 or E-2 principal treaty trader or investor), you may be eligible to self-petition, which means filing an application on your own behalf.
Additionally, if you are in the United States, including if you are an applicant for permanent residence or a certain family member of an alien who has lawful nonimmigrant status, you may file Form I-765, Application for Employment Authorization, to request employment authorization and an Employment Authorization Document (EAD). You may also apply for an EAD that shows such authorization if your immigration status authorizes you to work in the United States without restrictions.
The conditions you must meet and how long you can work in the United States depend on the type of immigration status the Department of Homeland Security (DHS) grants. You must comply with all conditions of your employment authorization and the terms of your admission to this country. If you violate any of the conditions, you could be removed from or denied re-entry into the United States.
How to Get a Job in the USA – Find a Job
Do you dream of living in America? There are plenty of reasons to make the move: a high standard of living, increased status, and a better pay scale. It’s definitely a dream worth pursuing, but unless you plan to study in the USA, you’ll need to find a job in order to secure your visa. That won’t be easy, but we’ve collected some helpful tips to get you on the right path.
How to Choose the Right USA Visa
In order to increase your chances of securing a USA visa, you need to select the best one for your particular situation. Below are the most commonly used visas for work in the U.S.
H-1B
The H-1B visa is for skilled workers with an advanced educational degree and a history of management-level positions in their home country. However, it also covers some entertainment professionals, such as models.
Choosing an H-1B visa is ideal if you hope to live and work in the United States indefinitely.
H-2B
If your desire is to live in the States for only a short time, or else to get to America and explore your options for staying longer, look to the H-2B visa. It is for temporary or unskilled workers in non-agricultural positions.
Though the H-2B excludes agricultural workers, it can still be seasonal as the majority of employees in this category work in hospitality and tourism.
H-2A
For temporary agricultural work, apply for an H-2A visa. The U.S. has great need of people to help with planting, tending, and harvesting crops.
One perk of life on an H-2A visa is that your American employer is required to provide you with housing and meals, as well as transportation to and from the work site.
L1
Another visa for skilled workers, and perhaps the easiest to attain if you meet certain qualifications, is the L1 or intracompany transfer visa. This program allows foreign workers at companies with an American branch to simply transfer to the States and stay with their current employer.
However, your role at the company must be at the level of executive or management in order to be eligible for an L1.
Tips to Bolster Your Professional Qualifications
Even if you have an advanced educational degree, you may find that it doesn’t correspond directly with an American degree. So before you apply for your visa, determine whether additional education or a qualifying exam is necessary.
In any case, if you have been out of school for some time, it is wise to enroll in some continuing education courses in order to bolster your qualifications. The U.S. is looking for the best and brightest when it comes to the many thousands of applications it receives each year.
It can’t hurt to reach out to people who have successfully travelled this road and ask what qualifications they think tipped the balance for them.
Finally, be sure to do plenty of research on what employers are currently looking for in candidates for positions in your industry. This can help guide your choices on new courses to pursue as well as ensure you speak the language of your preferred American industry.
How to Get a Job in the USA
When it comes to your actual job search, you can be as prepared as possible and still struggle. The problem is that not so many U.S.-based companies are prepared to take on the expense and the red tape of sponsoring foreign workers.
Therefore, your best strategy is to seek out employers that have a history of sponsoring foreign workers. Another good idea is to research the industries in America that are currently experiencing labor shortages. Companies in those niches are more likely to go the extra mile to attract qualified workers.
The industries to explore right now include education, technology, telecommunications, media, and manufacturing. Great medical professionals are always in demand. Even if you don’t currently work in any of these industries, explore whether a case can be made for your skills to translate.
As mentioned earlier, if you are an executive or manager for a company that has a presence in the U.S., you could simply apply for an intracompany transfer. It may still take some time for a relevant position to open up at the American office.
Keeping Track of the Timeline
It can be tricky to navigate the timeline of a visa application. You need to have a job offer in order to qualify for a visa, but many employers are going to want to see that you’re likely to qualify before offering a job.
Also, each visa has a different deadline for application, and these can change from year to year with no notice. In any case, it will take at least a few months to secure your visa, and in some cases, the process can stretch as long as a year.
Therefore, it is vital to be fully versed in all deadlines associated with the visa of your choice. For example, the H-1B selection starts up on April 1st of each year, so you’ll need to have all materials submitted for your application by then. If approved, you won’t get your visa until at least October 1st, which is the start of the next fiscal year.
Keep a detailed calendar for yourself as you navigate the process to make extra sure that you won’t miss any important dates. Doing so can set you back for a year or more.
And finally…
A great resource for foreign nationals seeking work in the U.S. is the website run by the Department of Immigration. There you will find information on professional requirements, writing a resume, and evaluating a job offer. This is also a good place to learn about fees, deadlines, and qualifications for various visas.
The last piece of advice we can give you is to start saving money as soon as you begin your visa journey – or even sooner. While some types of visa require the employer to foot the bill, others assess fees directly to the applicant. But no matter how you go about it, moving is expensive. Be sure your savings are enough to support the move so that you don’t end up with a job offer that you can’t accept.
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How To Find a Job in the U.S. for Foreign Nationals
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Ways to apply for a job in the U.S.
There are three ways to obtain a visa when you are planning to relocate to and work in the United States. You can get it through sponsorship, apply for a temporary work visa, or apply for a green card. Here are the steps to follow for the three methods.
Sponsorship
1. Apply for a job. First, apply for a job from your home country. Start by creating an American-style resume and cover letter. It can demonstrate to your future employer your ability to adapt to the new environment. Ensure you only include relevant experience, list figures about your professional achievements, and specify your English language level. You can find companies on the internet and create an account on job-search websites or contact recruiting agencies if you already have several years' experience.
2. Interview online. Employers usually schedule online or phone interviews for candidates who live outside the U.S. When it is time for your online interview, make sure to dress in a professional-looking style as you would for an in-person meeting. Also, attend the interview in a quiet and clean space. It is best to prepare a few statements and rehearse before the interview.
Temporary visa
A temporary visa is one you need to renew regularly. You need to have a job before applying for this non-immigrant visa. Here are the steps to follow once you accepted a job offer:
1. File a petition if necessary. Your employer needs to file a petition on your behalf with USCIS if you are not eligible yet. You don't need a petition in certain categories. If you are involved in investment or international trade, you don't need an employer petition to be eligible. The same applies to citizens of Canada or Mexico who are eligible for a temporary visa without a petition.
2. Wait for your employer's petition approval. USCIS needs to approve your employer's petition before you can apply for a visa. If you don't wait for their approval, your application will be denied. The time you need to wait depends on the category of worker you are in. With certain categories being limited to issue a specific number of visas per year, the approval process can take a few years.
3. Apply for a temporary visa. Once the petition is approved, gather the necessary documents like your passport, travel and work history and complete an online application. Make sure to write down your application I.D. number so you can access it later. The application is in English and requires information about your work history, education and criminal background. To submit your application, click on the “sign application” button, then “submit.” Print the confirmation page as you will need it for your interview.
4. Interview with the U.S. embassy or consulate. The purpose of the visa interview is to verify that you qualify for the visa. They collect your visa application fee, review your original documents, take your fingerprints and confirm or deny your application. In case of denial, you are invited to complete your application with the missing documents or information.
5. Get your visa. Once approved, you can come back a few weeks later to pick up your visa. There might be additional fees, so make sure you ask the question.
Green card
A green card is a document authorizing a foreign national to live and work in the U.S. permanently. Potential immigrants have the opportunity to obtain permanent residency through an annual green card lottery program called the Diversity Immigrant Visa Program. You can apply for the green card lottery online. The program randomly selects applicants and distributes approximately 50,000 green cards every year.
If you already work with a temporary visa in the U.S., you can fill a green card application. It allows you to stay without having to renew your visa or return to your country.
1. Ask your employer to fill in an I-140 form. Your employer needs to fill an immigration petition. Petitions may require the U.S. Department of Labor certification. It can be a good idea to get help from an immigration attorney to go through the process.
2. Ask about your priority date. When they file an immigration petition, employers receive a notice from USCIS with your priority date. That date determines your application date. It is essential to know it because your application will be rejected if you apply earlier than that date. Look on the government website for the filing chart to see when you can start your application according to your priority date.
3. Get a medical exam. You can find an approved doctor on the USCIS website and make an appointment for a medical examination. The objective of that visit is to verify you are in good physical and mental health and make sure you're up-to-date on vaccinations. The doctor might administer missing vaccination and propose a follow-up treatment if necessary.
4. Fill out your application. You can download the form I-485 on the USCIS website and fill it out. Give honest answers and consider getting the help of an immigration attorney if you need help.
5. Submit your application. To do so, make a copy of the requested official documents and submit them according to directions on the USCIS website. Note that there are application fees.
6. Interview and biometrics. USCIS requests that you give your fingerprints, signature and photos. They might also invite you to interview with the embassy. They communicate the date and time for these appointments once they receive your application. The interview aims to verify the answers you provided on your application.
7. Receive the decision. Common reasons for denied applications include missing documents, unclear information or documents submitted later than the deadline.
Get a social security number
Once you have your visa or green card, you'll need a social security number to work in the United States.
Tips to find work in the U.S.A.
Take your time. Make sure to start the process in advance, as the visa acquisition can take some time.
Verify eligibility. Review eligibility requirements before applying for a visa to come and work in the U.S.
Be aware of scams. Remember, there are no application fees for work visas or instructional forms from the U.S. government. So, if someone is asking you to offer payment for them, it is likely a scam.
Verify the visa process before applying. You can consult Visa Bulletins to check updates on the visa process and learn about immigration laws' evolution.
