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How To Get Visa Sponsorship To Work In The USA?

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US Immigration law allows foreign residents to enter the US on various types of work visas. These work visas are time-limited-based in the United States. The characteristics of the "temporary work visa USA" and some of the numerous choices now available are discussed below.

Speciality Occupation Visa- H1b

A speciality occupation Visa or the H1B Visa is a temporary visa for graduate-level applicants who have specialization in a certain field and want to work in the US in the specialised field having any technical or theoretical expertise. 

The requirement for an H1B Visa is that the applicant must have a bachelor's or higher degree and relevant speciality in the field for which sponsorship is sought. However, there is no legal definition of what constitutes a speciality occupation. It is up to USCIS to assess if the job is eligible and whether you, as the potential employee, are qualified to fill the position.

You may be able to demonstrate degree equivalency through work experience and/or other qualifications if you do not have a bachelor's or higher degree. You must also be able to demonstrate that your subject of study or professional experience makes you particularly suitable for the position.

Your potential employer must file a labour condition application with the Department of Labour, as well as an employment-based petition with USCIS, before filing for an H1B visa.

Intra- Company Transfer Visa- L1

This type of Visa is provided to Foreign applicants already working in an international organization who has a branch, a subsidiary or affiliate in the US in the same company and in the same field of specialization. 

L1 Visa is also provided to employees of a company who are sent to the US to open a new office. In Both cases, before you apply for L1 your employer will have to file a petition on your behalf to the USCIS Unless the organisation often transfers several employees and, as a result, it has a blanket petition in place.

L1 Visa has further 2 types the L1-A & L1-B. To qualify for L1-A you must be at the managerial or executive level in the organisation & to qualify for an L1-B visa the applicant must have specialized knowledge of the products or processes within the organisation and the applicant must work in a similar field in the US. You must also have worked for the company for one year in the three years prior to your visa application.

Extraordinary Ability Visa-O-1

If you have a special talent in you and are recognized by the state and you are able to demonstrate your extraordinary ability then you are eligible to apply for O-1 Visa. You will have to work in the US in the professional field of your extraordinary ability. 

This visa category is for people who have been recognised for their remarkable aptitude or have a track record of extraordinary performance in one or more fields.

O-1 Visa has 2 types the O1-A & O1-B, the O1-A VISA is for persons with extraordinary ability in science, business, education or related fields.

O1-B is for persons with extraordinary ability in Arts, the television industry and related fields. To qualify for this type of VISA you must have national or international recognition in your field and be willing to travel to the US to continue working in your field. 

  • To be eligible for an O1 visa, you must have an outstanding skill as evidenced by persistent national or international acclaim, and you must be travelling to the US to continue working in this sector. You have acquired a level of competence that indicates you are one of a small fraction of people who have risen to the very top of their area on a worldwide scale.

To apply for an O1 visa, you'll need a US sponsor to petition USCIS on your behalf, just like you did for the L1 and H1B visas.

E-Treaty Traders & Investors Visa  E1 & E2:

If you don't have sponsorship & it is not for you, there are also other opportunities to consider travelling to the US, such as investing in or running your own business in the United States. However, as an entrepreneur, you'll either need existing commercial ties with the United States or a large sum of money to invest in a US company.

If you are a trader or investor and intend to visit the USA for trading and investment in small businesses in the US then you will be required to submit your VISA category E1 & E2. These types of VISA are non-immigrant VISA and provided to countries with which the USA has signed a treaty of business & commerce. The UK is one of those countries and UK citizens can apply for E1 & E2 VISA to travel to the US. 

For those of you who already have established economic ties with the United States, at least 50% of your foreign trade must be with America to be able to apply for a treaty trader visa.

If you want to invest in a US company, the minimum amount for a treaty investor visa is usually US$100,000, though in unusual situations, amounts as little as US$50,000 may also be considered.

You must be going to the United States to engage in considerable trade in either goods, money, or services, primarily between the United States and your treaty countries, and to build on an existing trading connection under E1 Visa. You may also qualify for the E1 visa if you are a senior employee in an executive or managerial capacity, or if you have talents that are critical to the company's functioning in the United States.

under an E2 Treaty Investor visa you must be coming to the United States to form and direct the operations of a bonafide business in which you have invested, or are in the process of investing, a substantial amount of capital, or to work in the business as an executive, supervisor, or essentially skilled employee.

Working In The US:

After sponsorship is secured or the petition approved by USCIS you will have to submit the Visa application and schedule a date for the interview. If your application for a US work visa is approved after your interview, you will be permitted to go to the United States and work in the capacity for which permission was requested.

The entry into the US will merely now depend on the immigration officials to determine your eligibility to enter the US because a visa simply means that a consular officer has assessed that you are eligible to enter the United States for that specific purpose. Immigration officers at the point of entry will decide your eligibility for entry into the nation at their discretion.

You will be authorised to remain in the United States for a certain period of time after being accepted into the country on a temporary or non-immigrant visa unless you violate your visa terms and conditions.

Depending on the nature & category of your visa, you may be eligible to apply for lawful permanent residence, often known as a green card, which allows you to live and work in the United States indefinitely.

For assistance & help with your US Work visa application, please contact us at  +44 1234 350244 or visit DV Solicitors to learn more about us.

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DV Solicitors

DV Solicitors is a multi-disciplined law firm delivering expert counsel to all its clients, whether they are businesses, entrepreneurs or individuals. We offer legal and strategic support, as well as personal reassurance and guidance and we strive to find the perfect solution to the challenges you face.
By: DV Solicitors
Date: June 17, 2022

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