AMERICAN OVERSEAS RECRUITMENT CONSULTING SERVICES
EMPLOYMENT VISA
IF YOU WANT TO WORK IN THE USA: the main USA Work Visas are the H1B Visa for long term professional level employment, or the H2A/H2B visa for short term temporary / seasonal work.
​
The US Governments H1B and H2A/H2B Visa Program are designed to provide International Workers and Students, from all over the World, or already in the United States, the opportunity to live and work in America in either long or short term employment.
There are different types of jobs and work available in the United States and based on what you're looking for and what you qualify for will determine what type of work visa you need.
​
The Process to obtain a US Work Visa is:
You Must 'First' find a Job with a US company who will sponsor (file) a work visa application for you.
​
How to Successfully Get Your H1B or H2A/H2B visa to work in USA:
Step 1) you must find a job with a company who will 'sponsor' an H1B or H2A/H2B visa for you
Step 2) your new employer (Sponsor Company) then files your H1B or H2A/H2B application
Step 3) your visa application is approved by the US Immigration Bureau
Step 4) you can start work for your new employer (H1B or H2A/H2B Sponsor Company) in the USA.
* It's important to understand that you need a job with a sponsoring company before you can get an H1B or H2A/H2B visa.
USA VISAS
​
The US Governments Immigration laws and regulations state that you must obtain a visa / permit to enter America.
A visa is an official 'permit' authorizing you to enter the USA, for a specific reason and for a specified period of time.
There are many different types of visas / permits and depending on the nature of your visit to the USA will decide which is the most appropriate and best visa / permit for you.
​
There are two different USA Visa classifications:-
1). The most common US Visa is a "Nonimmigrant" Visa - this is for someone who intends to come to the USA "temporarily" and for a specific purpose. Typically on an H1B Work Visa or F1 Study Visa.
2). An "Immigrant" Visa is for someone who intends to relocate to the USA, to live and work "permanently" (Green Card - Lawful Permanent Residents).
WORK VISA APPLICATION PROCESS
After a job & sponsorship has been found and secured, Work visa applications can then be filed by the employer using either the 'Regular Service' OR the 'Premium Processing Service'.
​
* Details below are for the 'H1B Visa Regular Application Process'
1. Offer & Acceptance of Employment - Employer files a petition on your behalf.
An employer can be an individual, partnership or corporation. Applications are "job specific." If your situation changes (for example, you lose your job or change locations), your new employer must file a new H1B visa petition. The visa is only valid for work with the employer that filed the original petition. The USCIS requires employment letters which provide: Specific information addressing the positions held, the exact duties of the position, the exact dates of employment Information regarding the supervisors and co-workers of the beneficiary.
2. The 'Prevailing Wage' and actual wage must be determined and compared. The employer is required to pay the higher of the two.
The prevailing wage is determined by the State Employment Security Agency by completing a special form, which asks the employer for the responsibilities, skills and experience needed for the job. The actual wage is determined by comparing other workers in the same positions with the same level of experience
3. File the Labor Certification Application (LCA).
This is a two-page form that contains information about the employer. By completing and signing the form, the employer is agreeing to pay the higher of the two wages, that the employment of this individual will not adversely affect the conditions of other workers and that there is no strike for their occupation at the workplace. Recently, Congress determined that employers must attest that they will offer H1B visa holders the same benefits as their other workers. This includes health, life, medical, retirement, stock options and bonuses.
4. When the LCA is approved, the Department of Labor (DOL) will return a certified copy to the employer.
5. The employer must post notices at two conspicuous places at their business of the H1B visa filing for 10 days or provide notice of the filing to the collective bargaining representative for their employees.
The LCA form can be used for the actual posting as well. After the Department of Labor accepts the LCA, then your employer can file your H1B visa petition using USCIS Form I-129
6. H1B Petition assembled & filed with appropriate USCIS Service office.
The filing must include the required forms, fees, documents and information; form I-129, education & experience evaluation & documents, training certificates, professional memberships, resume, employment agreement and letter of support.
7. Wait for the petition to be processed.
Processing times vary depending upon service center and the visa. It could be up to 15 to 18 days OR three to four-month wait.
If the employer can show a substantial need for the employee, USCIS might approve the petition sooner. Employment cannot begin, however, until INS has issued the appropriate visa.
8. Receipt issued by USCIS
The petitioner (prospective employer) is sent a receipt by the USCIS Service Centre which bears a 9 digit reference number pertaining only to that particular case, H-1B processing times and general information about the petitioner and foreign worker. This is the petitioner’s first confirmation that the petition is in the adjudicating queue.
9. A notice is generated by the prospective employer and mailed to the consultant notifying him/her of this receipt and outlining information on processing times etc. The notice should warn the consultant not to resign from current employment, sell accommodation or make any major life changes until it is communicated that the H1B visa petition has been approved.
10. Petition Approval
​
Generally a case will be approved within or on the designated time frame outlined in the USCIS receipt. An approval notice (Form I-797) is issued to the petitioner. The Form I-797 shows dates of validity for the foreign worker to work in H1B status for the petitioner.
~ The H1B visa beneficiary then applies for personal and family visas at the Consulate.
~ Normally, people apply to the Consulate that is closest to where they live.
~ Visa processing normally takes 2-3 days, depending on the Consulate.
​
Once the passports are returned with valid H1B visa stamp, the Consultant and his/her family may enter the U.S. in ‘H’ status.
IMPORTANT NOTE: You can also file using the H1B Premium Processing Method Remember that you can now expedite your H1B visa application by using the "Premium Processing Service".
​
H1B VISA PREMIUM PROCESSING - APPLICATION & FILING
H1B Visa Premium Processing Service provides American Employers with the opportunity to obtain faster processing of a petition to meet their needs for a foreign worker.
​
Specifically, the USCIS will provide 15-calendar day processing to those who choose to use this service, or the USCIS will refund the Premium Processing fee and the relating case will continue to receive expeditious service.
H2B WORK VISA
The H2B visa is a great way for people who want to temporarily live in the USA, working in seasonal and fun jobs.
A temporary visa for short term ‘Seasonal’ work such as in the hospitality and tourist industries.
Type of Jobs / Work includes: Hospitality, Hotels / Motels, Resorts, Ticket Sales, Cruise ships, Construction workers, Maintenance, Janitorial, Ski Resorts, Landscaping, Golf Courses, Water parks, Security, Ride Operators, Restaurants and bars, Warehouse, Retail Stores
H2B VISA PROGRAM -
Qualification/Requirements: You do not need to have a degree. You must 1st find an H2B job and have an offer from a US employer to perform a temporary or seasonal job, and meet the requirements of the job set by the employer.
If you want to travel to America and work over the Summer in a hotel, theme park or on a cruise ship, or if you want to work in a restaurant or as a ski instructor over the Winter - this is the visa for you.
The H2B visa Process and Requirements:
1) The employee must 1st have a job offer from a US employer to perform a temporary job
2) The employee must meet the minimum qualifications for the job that the employer has offered.
3) The US employer files the H2B application with the US Immigration Bureau.
4) The employee must intend to return home when the job ends and visa expires.
​
Who qualifies for an H2B VISA?
The H2B visa is available to employers of foreign non-professionals not working in the agricultural field. This visa is only available for work that is temporary in nature. For H2B purposes, that means:
- Recurring seasonal need;
- Intermittent need;
- Peak-load need; and
- One time occurrence.
​
H2B Visa duration:
The duration of the H2B is limited to the employer's need for the temporary workers. The maximum authorized period is one year. However, the employer may extend the duration up to three years in some situations.
​
If the prospective worker is outside of the USA, they must then apply for a visa with the US consulate.
- The prospective worker applying for H2B visa must submit the following:
- Copy of Notice of Approval of H2B Petition from the USCIS
- Job offer from a US employer
- The necessary filing fees
- Passport
- One passport-style photo
​
If the prospective worker is already in the USA and is changing from one nonimmigrant status to another, a visa is not required. However, if the worker leaves the US and wants to re-enter, they may need a visa.
Entry into the USA
​
Applicants should be aware that a visa does not guarantee entry into the United States. The officer at the port of entry has authority to deny admission, even if the applicant has a visa. Also, the officer at the port of entry, not the consular officer, determines the period for which the bearer of a temporary work visa is authorized to remain in the United States. At the port of entry, officials issue Form I-94, Record of Arrival-Departure, which notes the length of stay permitted. The decision to grant or deny a request for extension of stay, however, is made solely by the USCIS.