Visa Appointment Employment-Based

Visa Appointment Employment-Based

Getting a visa appointment employment-based is for foreign nationals intending to enter the United States for employment lasting for a fixed period of time. It is also referred to as temporary worker visas. In other words, it doesn’t offer a permanent or indefinite stay in the United States. Under this broad visa category, there are various classifications depending on each applicant’s academic background, experience, and sometimes, exceptional talents. Are you considering getting on a temporary work visa and wondering how to go about it? This article provides a complete guide on eligibility criteria and process of these highly sought US visas.

Who Qualifies for US Employment-Based Nonimmigrant Visa

Your qualification for an employment-based nonimmigrant visa will depend on the exact classification you are pursuing. While some require having a bachelor’s or higher degree or its equivalent, some only require post-secondary school qualifications. In general, however, most of the visas will require that you have some industry knowledge of the field you are applying for.  Most of these visas are highly competitive, which is why you need to put your best foot forward when applying. In other words, it is not enough to just have the qualifications; you must present them in a convincing manner to justify your eligibility for the visa you are pursuing. 

For instance, the O-1 visa is meant for those who are among the small percentages of people who have gotten to the very top in their field. It requires evidential criteria that showcase their extraordinary ability in that field. This includes having a record of extraordinary achievement or a sustained national or international acclaim in their field of endeavor. To qualify for it, you must have the qualifications and/or experience or comparable evidence that portrays those requirements. The job position, salary, itinerary, and every other thing about the job position must also follow the guidance of the visa classification.

The following is the list of the available US employment-based nonimmigrant visas and the eligibility criteria for each of them.

Types of Employment-Based Nonimmigrant Visas

H-1B for Persons in Specialty Occupation, DOD Researcher and Development Project Worker, and Fashion Models

H-1B1 Free Trade Agreement

H-1C2

H-2A Temporary Agricultural Worker

H-2B Temporary Non-Agricultural Worker

H-3 Trainee or Special Education Visitor

L Intercompany Transferee

O Visa: Individual with Extraordinary Ability or Achievement

P-1 Visa for Individual or Team Athlete, Member of an Entertainment Group

P-2 for Artist or Entertainer

P-3 for Artist or Entertainer

Q-1 for Participant in an International Cultural Exchange Program

How to Process Your Employment-Based Nonimmigrant Visa

The following are the general requirements for processing a US nonimmigrant work visa.

Get a US-Based Employer

Almost all of the employment-based work visas require you to have a job offer from a US-based organization or employer. This is because they are petition-based temporary visas, which must be sponsored by a prospective employer. The employer will petition the United State Citizenship and Immigration Services for approval to allow you to enter the US and work for them. Each of the above visas has its own qualifying occupation classification. This means the job offer must be the one that qualifies for that specific visa type. For instance, the H-1B classification is for specialty occupations that require technical or theoretical expertise in a specialized field. Examples of the leading jobs in the H-1B classifications include finance, IT, accounting, engineering, architecture, science, medicine, and mathematics.

Labor Certification Process

Some of these visas require your prospective employer to get a labor certification approval on your behalf from the US Department of Labor (DOL). The main essence is to ensure that there are no qualified US workers (citizens and permanent residents) for the opposition offered to you. The DOL is saddled with the responsibility of protecting the job interest of US workers. The labor certification process will also ensure that the employer is financially capable of paying you the appropriate wages paid to other workers employed in similar positions in the same place of proposed employment. Your prospective employer can know whether the visa type requires labor certification by reviewing the process guideline on USCIS website. If the visa requires labor certification, the employer will need to obtain it before proceeding to the next phase of the application. And if it doesn’t, the employer can move to the next stage after a job opportunity has been offered, and agreement has been reached.

 

USCIS Application

USCIS’s application is a must for all nonimmigrant work visas. Your prospective employer must file the Form I-129, otherwise known as Petition for a Nonimmigrant Worker, with USCIS. Only a few classifications allow you to work in the US without being sponsored by an employer. Those visa classifications include TN, E-1, E-2, E-3 visas, and in some instances, the M-1 and F-1 student visas, as well as J-1 exchange visitor visas. 

Whether you are self-petitioning or an employer is acting as the petitioner, the Form I-129 petition must be submitted to the USCIS. The submission must be to the service center that has jurisdiction over the proposed place of employment. It must include relevant supporting documents that indicate both you and the employer are qualified for the visa, as a beneficiary and petitioner, respectively.

Apply for a visa appointment employment-based 

After USCIS approves the Form I-129 petition, you and the petitioning employer will be notified. At this stage, you will need to continue the application process by applying for a visa appointment employment-based in your country of residence. The application process and requirements may vary depending on the specific embassy you are applying from. You will need to follow the instructions strictly on the consulate or embassy website. In general, however, the following are the common steps for applying for a US employment-based nonimmigrant visa:

Complete the Online Visa Application

You must complete the Online Nonimmigrant Visa Application, Form DS-160. The form must be filled and submitted electronically to the US Department of States (DOS) website via the internet. It is important to follow the instructions and provide all the required documentation. This is because the information entered on the form, combined with your interview performance, will majorly form the decision by the consular officers who will adjudicate your application. They will use those two bases to determine your eligibility for the visa you are pursuing. After completing the Form DS-160, you will need to print and keep its confirmation as you have to take it along to the visa appointment employment-based.

Schedule a visa appointment employment-based

You will have to schedule a visa appointment employment-based at the US consulate or embassy in your country of residence. Although you may book your interview at any US consulate or embassy of your choice, it may be difficult to get a US visa outside your country of permanent residence. For this reason, it is best to choose the country where you live when picking the location for your visa interview.

Pay the Non-Refundable Application Fee

To be able to book a visa appointment employment-based you will also need to make some payment(s) to complete your application. The exact amount and the appropriate payment method will depend on the visa category and the country-specific requirements at the embassy or consulate. For instance, nationals of certain countries are required to pay an additional visa issuance fee. Also, applicants seeking the L-1 visa in a blanket petition category are required to pay Fraud Detection fee in addition to other generally required fees.

You can also get premium service and help on your application by applying with US visa appointment premium service.

Gather Required Documents for Your Interview

The generally required documentation for visa appointment employment-based interview are as follows:

  • Passport valid for at least six months beyond your proposed period of stay in the United States
  • Form DS-160 confirmation page
  • Receipt of the application fee payment
  • Receipt Number for the approved Form I-129 petition

 Apart from the above items, additional documentation may also be required. You will need to review the instructions on the embassy website to be very sure of what 

Attend Your US visa appointment

The last step in your temporary work visa application is to attend your visa interview. You may need to review the instructions on the website once again to be sure you have all the required items intact. It is also important to appear early for your interview, at least 15 to 30 minutes before ahead of time. Your visa interview will be conducted by a consular officer who will make a decision on your application after the session. If at the end of the interview, the consular officer deems you qualified for the visa, he or she would approve your visa application. That means you will be issued a nonimmigrant visa which you will use to travel to the US and start your job with the employer.

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This site is not affiliated with the United States Government in any way, we are not a law firm, and are not a substitute for an attorney or law firm. US visas can be obtained through traditional Government channels without our assistance and without paying our service fees by visiting the state department website.