U.S. Work Visa and Travel Restrictions

1. What U.S. work visas are currently available?


There are several types of U.S. work visas available, including the H-1B, L-1, E-2, O-1, P-1, and TN visas. The H-1B visa is available for highly skilled workers in specialty occupations, while the L-1 visa is for individuals transferring to a U.S. branch or subsidiary from a foreign business. The E-2 visa is available to investors in treaty countries and allows them to stay in the U.S. to manage their investments. The O-1 visa is available for individuals with extraordinary ability in science, athletics, business, or the arts. The P-1 visa is available for international athletes and entertainers who are coming to the U.S. to perform at a specific event or competition. The TN visa is available for citizens of Canada or Mexico with specific professions to work in the U.S. temporarily.

2. How long is a U.S. work visa valid for?


Most U.S. work visas are valid for up to three years, although the exact length of validity depends on the specific type of visa. Some visas are valid for only a few months, while other visas may be valid for up to five years.

3. What are the restrictions on foreign workers in the United States?


Foreign workers in the United States must have an employment authorization document, such as an H-1B visa for temporary specialized workers or an L-1 visa for intra-company transfers. They may also need a green card or permanent residency to work in the U.S. on a permanent basis. Additionally, foreign workers must meet certain qualifications, including work experience and/or educational requirements, depending on the position.

4. How can I apply for a U.S. work visa?


The most common U.S. work visas are the H-1B visa for specialty occupation, the L visa for intracompany transferees, and the O visa for individuals with extraordinary ability. To apply for these visas, you must first obtain a job offer from a U.S. employer and then have that employer file a petition with U.S. Citizenship and Immigration Services (USCIS) on your behalf. Depending on your nationality, you may also need to obtain an approved labor certification from the Department of Labor before USCIS will approve your petition. After your petition is approved, you will then need to complete the nonimmigrant visa application process at your local U.S. embassy or consulate.

5. What documents and information do I need to apply for a U.S. work visa?


To apply for a U.S. work visa, you will need the following documents:

1. A valid passport
2. A completed Form DS-160, Online Nonimmigrant Visa Application
3. Proof of any U.S. visa applications and/or approvals
4. A letter from your employer in the United States offering you a job and specifying the details of your employment
5. Evidence that you have sufficient financial resources to support yourself during your stay in the United States
6. Evidence of special qualifications that qualify you for the job, if applicable
7. Documents proving that the position cannot be filled by a U.S. citizen or permanent resident
8. A medical examination report
9. Evidence of ties to your home country, such as bank statements, tax returns, and/or proof of property ownership
10. Two passport-style photographs

6. What is the processing time for a U.S. work visa application?


The processing time for a U.S. work visa application depends on the type of visa and the country from which the applicant is applying. Generally, processing times can range from one week to several months.

7. Are there any age restrictions for obtaining a U.S. work visa?


Yes, in order to obtain a U.S. work visa, an applicant must generally be at least 14 years old. However, certain occupations may have more specific age restrictions, such as those involving hazardous materials or labor.

8. Is there an upper limit on the number of years someone can stay in the United States with a work visa?


Yes, typically the maximum period of stay for someone with a work visa is six years. However, extensions may be available in certain circumstances.

9. Are there any restrictions on changing jobs while on a work visa?


Yes, there are restrictions on changing jobs while on a work visa. Depending on the type of work visa, an individual may need to obtain permission from the Immigration Department or their employer to change jobs. It is important to ensure that any changes made are compliant with the regulations of the work visa.

10. Are there any special requirements for entering the United States on a work visa?


Yes, depending on the type of work visa you are applying for, there are certain requirements that must be met in order to be eligible to enter the United States. Generally, applicants must have a job offer from a US employer, meet educational and/or experience requirements for the job, and be able to demonstrate that they are not coming to the US to work permanently. There may also be additional eligibility requirements depending on the type of visa being sought.

11. How can I transfer my current visa to a new employer while in the United States?


You must apply to the United States Citizenship and Immigration Services (USCIS) for a change of employer. Depending on your visa type, you may be able to transfer your visa to the new employer or you may need to apply for a new one. You will need to submit a new Form I-129, Petition for Nonimmigrant Worker, along with supporting documents, including a new job offer from your new employer.

12. Can I bring my family with me to the United States on a work visa?


No, family members of a worker on a work visa are not eligible to accompany the worker to the United States. Family members of a worker on a work visa may be able to apply for a separate nonimmigrant visa, such as a B-2 tourist visa.

13. What are the travel restrictions for those with a U.S. work visa?


Travel restrictions for those with a U.S. work visa depend on the type of visa. Generally, those with a valid work visa can travel to the United States for a certain period of time, but must follow certain rules and regulations. For example, those with an H-1B visa can travel freely within the United States for the duration of their visa, while those with an H-2B visa can only travel to the U.S. for specific reasons related to their job. It is important to check the specific regulations associated with your work visa before traveling to ensure you remain in compliance with immigration laws.

14. Can U.S.-born children of immigrants with work visas travel to and from the United States?


Yes, U.S.-born children of immigrants with work visas are able to travel to and from the United States. However, they will need to obtain a U.S. passport in order to re-enter the United States after leaving the country.

15. What are the restrictions on international travel while on a U.S. work visa?


The restrictions on international travel while on a U.S. work visa depend on the type of visa and the country of origin. Generally, you must receive authorization from U.S. Citizenship and Immigration Services (USCIS) before traveling abroad. You may need to apply for an Advance Parole document to travel outside the United States while your visa is still pending or you may need to apply for a visa at the U.S. Embassy or Consulate in your destination country. Additionally, some countries may require a visa for entry even if you hold a valid U.S. visa, so it is important to check the entry requirements of your destination beforehand.

16. Are there any restrictions on applying for permanent residency while on a U.S. work visa?


Yes, certain restrictions apply. If you are on a temporary work visa, such as a H-1B or L-1 visa, you may be eligible to apply for a green card through employment-based permanent residency. However, the process is lengthy and complicated and requires employer sponsorship. You must also meet certain eligibility requirements and be able to demonstrate that you have the necessary skills and qualifications for the job. Additionally, the number of green cards available each year is limited, so you may have to wait several years before your application is approved.

17. What are the procedures for leaving and re-entering the United States while on a work visa?


To leave and re-enter the United States while on a work visa, you must first obtain a travel authorization from the United States Citizenship and Immigration Services (USCIS). This authorization is either an advance parole document or an employment authorization document.

Once you have obtained your travel authorization, you must present it along with any other required documents such as your passport, visa, and I-94 form at the port of entry. The immigration officials will review your documents to ensure that you are properly authorized to enter the US.

If you are granted entry, you will be issued a new I-94 form that will show the date of your reentry. You may then continue your stay in the US under your current work visa.

18. What happens if my passport expires while I’m on a U.S. work visa?


If your passport expires while you are on a U.S. work visa, you will need to renew your passport as soon as possible. Depending on your nationality, you may also need to apply for a new visa before being able to return to the United States.

19. Are there any special taxes that foreign workers with U.S. work visas have to pay?


Yes, foreign workers with U.S. work visas are subject to the same taxes as U.S. citizens and permanent residents. This includes federal, state, and local income taxes, as well as Social Security and Medicare taxes. Many foreign workers must also pay additional Social Security and Medicare taxes known as the “Additional Medicare Tax” and “Net Investment Income Tax.” Additionally, foreign workers may also be subject to taxes imposed by their home countries.

20. How can I renew my U.S. work visa after it expires?


Once your U.S. work visa has expired, you will need to reapply for a new one. Depending on the type of visa you have, the process for renewal will vary. Generally, you will need to contact the U.S. embassy or consulate in your home country for more information and instructions on how to renew your visa. Additionally, you may be required to submit an application to U.S. Citizenship and Immigration Services (USCIS), provide documents and evidence of your eligibility for a new visa, and attend an interview with a consular officer.