JOB SEEKERS - FREQUENTLY ASKED QUESTIONS & ANSWERS (FAQ)

We have compiled a list of Frequently Asked Questions and their accompanying answers to help you better understand the process of obtaining a US work permit (work visa) and other related issues.

Please contact us if you have questions that have not been answered in our FAQ. 

1. What do I do first? 
As a general rule, the first step is to obtain a valid job offer from a US employer. Open work permits are the exception and do not require a prior job offer. Open work permits may be available to the spouse or common-law partner of certain work permit holders, the spouse or common-law partner of foreign students in America, asylum seekers, in-land sponsored family members, and destitute students in America. 

2. Who is a foreign worker? 
A foreign worker is a skilled worker or professional who is not a Citizen or Permanent Resident of America, but may work in America on a work permit or after attaining residency. 

3. What is a work permit? 
Work visas and employment authorizations are known as work permits in America. A work permit is a document issued by US Citizenship and Immigration Services (USCIS) that allows a foreign individual to work at a specific job for a specific employer. Individuals who are not American citizens or permanent residents of America require a valid work permit to work in US. 

4. How do you define work in America? 
US Immigration regulations define work as an activity for which remuneration is earned or that competes directly with activities of American citizens or permanent residents in the American labor market. 

5. Who needs a work permit to work in America? 
Generally, individuals who are not American citizens or Permanent Residents of America require a valid Work Permit to work in US. However, foreign workers can do some jobs in America without a Work Permit. 

6. Who issues the work permit? 
US Citizenship and Immigration Services (USCIS), a department of the American government, issues work permits. 

7. How long does it take to get my work permit? 
Work permits that are applied for at an American Port of Entry can be issued the same day. Most work permit applications filed outside of America are issued within a matter of days or weeks, depending on whether a medical examination is required or on the workload at the particular visa office. 

8. Where do I apply for my work permit? 
Some work permits may be applied at an American Port of Entry, depending on which country you are a national of. Other work permits must be applied for before leaving for America at the visa office responsible for your country of citizenship or the country to which you have been lawfully admitted. 

9. Are there different types of work permits? 
There are two broad categories of work permits; those that relate to jobs that require a US Labor Certification process at the US Labor Department, and those that are exempt from Labor Certification process. 

10. Are there conditions to my work permit? 
Your work permit may include the following conditions: 
• The type of work you can do, 
• The employer you can work for 
• Where you can work 
• How long you can work 

11. Does the American government charge fees to obtain a work permit? 
The American government charges fees per work permit application. Additional fees would be necessary if a Temporary Resident Visa (TRV) is also required. 

12. Will I need a medical exam to obtain a work permit? 
The need for a medical exam is based on the type of job you will have and where you lived in the past year. If you wish to work in health services, child care, primary or secondary education, you will need a medical examination and a satisfactory medical assessment before a work permit can be issued to you. If you want to work in agricultural occupations, a medical examination will be required if you have lived in certain countries. 

13. Do I require a visitor visa to enter America to work? 
Yes, you will need a Temporary Resident Visa (TRV) if you are a national of one of the countries in the listing. You must apply for a TRV at the American visa office responsible for your country of citizenship or the country that you have been lawfully admitted. 

14. Can my spouse or common-law partner and dependent / children come with me or follow me to America? 
Your spouse, or common-law partner, and children can come with you to America or visit you in America, but they must meet all the requirements for temporary residents to America.  

15. Can my spouse or common-law partner and dependent / children work or study in America? 
If your spouse or common-law partner and your dependent children want to work while in America, they must apply for their own work permit from within America. Normally, they must meet the same requirements that you did; however, they may also qualify for a work permit without an LMO.  

16. What is a US Labor Certification? 
A US Labor Certification is a letter from US Labor Department to your employer stating that giving a job to a foreign worker will not have a negative impact on the labor market in US. This is also called a “positive labor market opinion.” 

17. What is an LMO? 
LMO is the US Labor Market Opinion and will be issued by US Labor Department 

18. What are the advantages of hiring an Immigration Consultant? 
Often, employment and business opportunities are time sensitive and it is for this reason that having a legal representative in America who has the expertise in the area of work permits is the most efficient way to proceed. It is important to consider that, while your qualifications are supposed to determine the success of your work permit application, the final outcome of your case is at the discretion of US Citizenship and Immigration Services (USCIS). Under American immigration rules, USCIS Officers are given a great deal of discretion in the handling of your work permit application. 

19. May I leave, then re-enter America?
In order to return to America, you must have a valid passport or travel document. You also need to have a valid work permit if you are returning to work in America. 

20. Will I be paid less than American citizens or permanent residents?
US Labor Depart reviews the wages that companies are offering foreign nationals and compares them to the wages paid to Americans in the same occupation. If companies are offering wages below rates paid to Americans in the same occupation, the job offer will not be confirmed. Companies must also provide working conditions that are consistent with federal and/or provincial standards for the occupation and workplace. 

21. What are the advantages of hiring an employment consultant? 
Employment and recruitment are often time sensitive and getting the services of a legal representative with the expertise in the area of work permits and visas is the most efficient way to proceed. 

22. What services will you provide to me? 
We source foreign workers for companies in America, regardless of occupation. However, our services are available worldwide. 

We will evaluate whether a work permit should be required of you and whether or not you are entitled to one. We will consider all aspects of your case to determine the best work permit for you and check if you qualify for an US Labor Depart exemption. We will guide you on what you need to do to obtain your work permit. 
We will manage your application for you to ensure you successfully obtain your work permit. We will help you with the documentation for your application so that the USCIS Officer will consider your application in the best light. We will take into consideration all your neutral and beneficial impact on the labor market in America. 
Since we have been doing this for a long time, we are well aware of the American Government’s service standards. Any developments and/or delays in your application will be clear to us and will allow us to act immediately on your behalf.