U.S. Work Visa and I-140 Immigrant Petition

1. What is a U.S. work visa?


A U.S. work visa is a document that allows a foreign national to legally work in the United States. The type of visa required depends on the type of job and the length of employment. Some common types of work visas include the H-1B, L-1, and TN visas.

2. What types of U.S. work visas are available?


Types of U.S. work visas include:

1. H1B visa: This is a temporary visa for specialty occupations, such as technology, engineering, finance, medicine, architecture, and other areas. H1B visa holders can work in the U.S. for up to six years.

2. L1 visa: This is an intracompany transfer visa that allows foreign workers already employed by a company outside the U.S. to enter the country to work for a branch, affiliate, or subsidiary of the same company. L1 visa holders can stay in the U.S. for up to seven years.

3. E3 visa: This is a temporary visa for Australian citizens and their dependents who are coming to the U.S. to work in a specialty occupation. E3 visa holders can stay in the U.S. for up to two years, with an option to extend the stay for an additional three years.

4. O-1 visa: This is a temporary visa for individuals who possess extraordinary ability in the sciences, arts, education, business, or athletics and are coming to the U.S. to continue work in their field of expertise. O-1 visa holders can stay in the U.S. for up to three years with an option to extend the stay for an additional three years.

5. TN visa: This is a temporary visa for citizens of Canada and Mexico who are coming to the U.S. to work in a pre-arranged professional occupation that is listed on NAFTA’s Appendix 1603 schedule of occupations (Annex 1603). TN visa holders can stay in the U.S. for up to three years with an option to extend the stay for an additional three years

3. How do I apply for a U.S. work visa?


To apply for a U.S. work visa, you will need to determine which visa you are eligible for. Depending on your specific circumstances, you may be eligible for a variety of work visas, including H-1B, L-1, E-2, O-1, and TN visas. Once you have identified the appropriate visa category for your situation, you will need to complete the applicable visa application forms and submit them to the U.S. Embassy or Consulate in your home country. Additionally, you will need to provide supporting documents such as a valid passport, proof of education and/or professional experience, evidence of financial support, and a valid offer of employment from a U.S. employer.

4. How long does it take to get a U.S. work visa?


The processing time for a U.S. work visa varies depending on the specific visa type and current workload at the processing center. Generally, it can take several weeks or months to receive a U.S. work visa.

5. Can I work in the United States without a U.S. work visa?


No, it is not possible to work in the United States without a U.S. work visa. Those who wish to work in the United States must obtain an eligible visa that is issued by the U.S. government for the purpose of working in the country. Depending on the type of work you wish to do, you may need to obtain a different kind of visa.

6. What is an I-140 Immigrant Petition?


An I-140 Immigrant Petition is a U.S. Citizenship and Immigration Services (USCIS) form used to petition for an individual to become an immigrant in the United States. The petition must be filed by the employer or other petitioner on behalf of the foreign worker. The I-140 is the second step in the process of obtaining permanent residency (the green card). The foreign worker must have a job offer in the United States and must meet all other requirements for obtaining a green card, including being eligible for an immigrant visa.

7. Who can file an I-140 Immigrant Petition?


An employer can file an I-140 Immigrant Petition on behalf of a foreign national employee who is seeking to become a permanent resident. The employee must be eligible for an immigrant visa based on employment.

8. How much does it cost to file an I-140 Immigrant Petition?


The current filing fee for the I-140 Immigrant Petition is $700.

9. What documents are needed to file an I-140 Immigrant Petition?


The documents needed to file an I-140 Immigrant Petition include a completed Form I-140, evidence of the foreign worker’s qualifications for the position, evidence of the employer’s ability to pay the proffered wage, evidence of the employer’s valid business entity, and a labor certification from the Department of Labor.

10. How long does it take to file an I-140 Immigrant Petition?


It usually takes about six months to file an I-140 Immigrant Petition. It can take longer if there is a backlog in processing or if there are delays due to the need for additional evidence or documentation.

11. What happens after the I-140 Immigrant Petition is approved?


Once the I-140 petition is approved, the employee can apply for an adjustment of status (I-485) or an immigrant visa (if outside U.S.). The employee may also be eligible to apply for a work permit (EAD) and travel authorization (Advance Parole) while the adjustment of status application is being processed. The final step is for the employee to receive a green card.

12. Can I travel outside the United States after my I-140 Immigrant Petition is approved?


Yes, you may travel outside the United States with an approved I-140 Immigrant Petition. However, you must obtain an Advance Parole document in order to re-enter the United States.

13. What is the difference between a U.S. work visa and an I-140 Immigrant Petition?


A U.S. work visa is a document issued by the U.S. government that allows a foreign citizen to work in the United States for a limited amount of time – typically one year or less. An I-140 Immigrant Petition is a petition that a U.S. employer must file with the U.S. Citizenship and Immigration Services in order to get permanent residency for an employee who is a foreign national. The I-140 is the first step in the process of obtaining permanent residency, i.e. a “green card”.

14. What is the difference between the green card and an I-140 Immigrant Petition?


The green card (or permanent resident card) is a document that grants permanent residency in the United States and allows an individual to work and travel freely in the US. The I-140 Immigrant Petition is a form used to petition the US government for an individual to receive a green card. It includes information about the petitioner, the beneficiary, and any dependent family members. The I-140 petition starts the green card process and is the first step in becoming a permanent resident.

15. What is the difference between an Employment Authorization Document (EAD) and an I-140 Immigrant Petition?


An Employment Authorization Document (EAD) is issued by the United States Citizenship and Immigration Services (USCIS). It allows foreign nationals to live and work legally in the United States for a limited time.

The I-140 Immigrant Petition is also issued by the USCIS. It is used to establish an individual’s eligibility for permanent residence in the United States. The I-140 petition process begins after an individual has been sponsored by a U.S. employer and approved by the Department of Labor.

16. Is there a way to expedite the processing of my I-140 Immigrant Petition?


No. The processing time for I-140 petitions varies depending on the USCIS service center and the classification of the petition filed. USCIS does not offer any expedited services for I-140 petitions, although premium processing is available for certain types of petitions.

17. Will filing an I-140 Immigrant Petition guarantee me a permanent residency in the United States?


No. Filing an I-140 Immigrant Petition is the first step in the process of obtaining a permanent residency in the United States. The petition must be approved before a person can move onto the second step, which is applying for an Adjustment of Status (Form I-485). After the Form I-485 is filed and approved, a person will receive their permanent residency (Green Card).

18. How will my employer know that my I-140 Immigrant Petition has been approved?


Your employer will receive a Notice of Approval from USCIS after your I-140 Immigrant Petition has been approved. You should also receive a copy of the Notice of Approval directly from USCIS.

19. Can my family members also apply for a U.S. work visa or an I-140 Immigrant Petition?


Yes, family members can also apply for U.S. work visas (e.g., H-1B, L-1, etc.) or an I-140 Immigrant Petition (used to obtain a “green card”). However, the specific requirements for each type of visa or petition vary and must be met in order to be successful. For more information, please consult with an experienced immigration attorney.

20. Are there any restrictions on how long I can stay in the United States with a U.S. work visa or an I-140 Immigrant Petition?


The length of stay in the U.S. depends on the type of work visa you have. Generally, H-1B visas are valid for up to three years, L-1 visas are valid for up to five years, and an I-140 Immigrant Petition is valid indefinitely. However, there may be other restrictions that apply, such as country-specific quotas or the expiration of your visa.