What Is the Process for Obtaining a Work Visa in the U.S.?
If you are part of a growing number of professionals who have an opportunity to bring their expertise to the U.S. workforce, you must obtain work authorization. Unlike a visitor visa, a U.S. employment-based visa requires a formal application procedure, compliance with specific eligibility criteria, and thorough documentation to establish both the bona fides of the job offer and your professional qualifications. This process can be complex and time-sensitive, making informed legal guidance essential.
At Bassey Immigration Law Center, P.A., we have more than a decade of legal experience resolving a wide range of challenging immigration issues. Our multilingual team fully understands the immigrant experience and knows how to successfully fight for your future. Schedule an affordable consultation today.
Choose the Appropriate Visa
The first step in securing U.S. work authorization is determining which visa category best aligns with your qualifications and employment circumstances.
Standard employment-based visa options include:
- H-1B Visa – For individuals in specialty occupations that require a bachelor’s degree or higher in a specific field. Professionals in technology, engineering, finance, and healthcare sectors frequently use this visa.
- L-1 Visa – For employees of multinational companies transferred to a U.S. office in an executive, managerial, or specialized knowledge capacity. The applicant must have worked for the foreign entity for at least one continuous year within the past three years.
- O-1 Visa – This visa is for individuals with extraordinary ability or achievements in the sciences, arts, education, business, or athletics, demonstrated through sustained national or international acclaim.
- E-1/E-2 Visas – For treaty traders (E-1) and treaty investors (E-2) from countries with which the United States maintains a qualifying treaty. Applicants must demonstrate substantial trade or investment activity.
Each visa classification carries its own eligibility requirements, permissible duration of stay, and associated rights and limitations. Given the complexity and nuance of U.S. immigration law, it is highly advisable to consult with experienced legal counsel before initiating an application.
Obtaining Employer Sponsorship for a U.S. Work Visa
A U.S. employer must serve as your petitioner for most employment-based visa classifications. They must file Form I-129 with U.S. Citizenship and Immigration Services (USCIS), affirming that you have received a bona fide job offer for a position that qualifies under the relevant visa category.
For example, the H-1B visa process begins with the employer filing Form I-129, Petition for a Nonimmigrant Worker. In most cases, the employer must also obtain a certified Labor Condition Application (LCA) from the U.S. Department of Labor, attesting that the employee will be paid the required wage and provided working conditions comparable to those of similarly employed U.S. workers.
Required Documentation
The employer must submit documentation establishing the legitimacy of the job offer, the lawful operation of the business, and your professional qualifications. Skilled legal guidance can help ensure these requirements are satisfied accurately and in compliance with applicable regulations.
Applying for Your Visa and Preparing for the Consular Interview
Approval by U.S. Citizenship and Immigration Services (USCIS) is the next step in the employment-based visa process. After the petition is approved, you must apply for the visa at a U.S. embassy or consulate in your home country.
This phase typically involves the following steps:
- Completing the online Form DS-160, Nonimmigrant Visa Application
- Paying the applicable visa application fee
- Scheduling and attending the required in-person interview at the consulate
- Submitting your passport, Form I-797 (Notice of Action), and other required supporting documentation
A consular officer will assess your eligibility, confirm the details of your petition, and evaluate your qualifications and intent. Clear, consistent documentation and careful preparation are essential to achieving a favorable outcome.
At Bassey Immigration Law Center, we guide clients through each step of the visa application and interview process to ensure all requirements are satisfied and no detail is overlooked.
Entering and Beginning Employment in the U.S.
Once your employment-based visa is issued, you may travel to the United States. However, the visa itself does not guarantee entry. At your U.S. port of entry, a Customs and Border Protection (CBP) officer will conduct a final inspection to determine your admissibility. If admitted, you will receive a Form I-94, which indicates the date you entered and the duration of your authorized stay.
Your authorized period of stay and your eligibility to begin work begin after CBP formally admits you into the U.S. It is essential to comply with the terms and duration noted on your I-94, as this governs your legal status in the country.
Schedule a Consultation at Bassey Immigration Law Center, P.A.
Every member of our team at Bassey Immigration Law Center has personal experience with the immigration process, so we understand the stress you are under and the importance of resolving this situation quickly and efficiently. Paying for an attorney can make your situation even more stressful. We do our best to minimize such stress by handling most immigration cases on a flat-fee basis. We also offer affordable payment plans to limit the financial impact the case has on your life.
Contact us today to schedule an affordable consultation and discuss your work visa options with an experienced business immigration lawyer.
About Bassey Immigration Law Center, P.A.
Bassey Immigration Law Center, P.A., led by attorney Aniefiok Bassey, provides comprehensive immigration services to individuals, families, and businesses in Florida and beyond. With over 20 years of experience, the firm assists clients with a wide range of immigration matters, from family reunification and green cards to business visas and deportation defense. The diverse, multilingual team is dedicated to supporting clients through the complex immigration process, with a special focus on citizenship, asylum, and LGBTQ+ immigration needs. They offer affordable initial consultations and are committed to delivering personalized, strategic guidance for achieving clients’ immigration goals.
