Overview
WORK VISA OVERVIEW
If you want to work in the U.S. temporarily, under immigration law, you need a specific visa, based on the type of work you will be doing. Most temporary worker categories require the approval of a petition by the Citizenship and Immigration Services (CIS) before you can apply for your visa.
Here are some of the options you have available under the work visa category:
- H1B Visa Program - Seasonal Worker in a Specialty Occupation
- H2A Visa Program - Seasonal Farm Workers
- H2B Visa Program - Visa for Unskilled Temporary Workers
- E Visa Program - Investor Visas
- L Visa - Aliens of Exceptional Ability and Advanced Degree Professionals
- P Visa Program - Foreign Musical Groups
- TN Visa - Trade NAFTA Professional visa (TN-1 for Canadians and TN-2 for Mexicans)
For all of the above visa categories, you must have a valid job offer and before any visa can be issued, your employer in the U.S. must first file Form I-129, Petition for Non-Immigrant Worker, with the U.S. Citizenship and Immigration Services (USCIS, formerly INS). Once approved, the employer is sent a notice of approval, Form I-797. No work visa can be issued without this approved petition form. When you apply for your work visa, you must present the ORIGINAL notice of approval form I-797 to the consular officer. It should be noted that the approval of a petition shall not guarantee visa issuance to an applicant found ineligible under provisions of the Immigration and Nationality Act (INA).
