By David Robledo
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December 13, 2022
How Long Can You Stay in the U.S. on a Work Visa? Citizens are allowed to work in the U.S. without restrictions. However, if you are not a U.S. citizen or permanent resident, you will need a work visa before you can begin a job. There are various types of visas for which you can apply. The best option will depend on your field of expertise, where you choose to work, and whether you have the support of a company or institution. Also, different factors affect the length of your work visa. Some cover temporary employment or attendance at special events, while others offer a more long-term solution. Here is a look at work visas, the requirements for you and your employer, and the length of time you can expect to stay in the U.S. Types of Work Visas There are several different types of work visas. The variety you choose will depend on your area of expertise, but it can also affect the length of your stay. There are a number of very specialized work visa options. However, these are the four most common varieties. Almost all applicants will use one of these visas. H Visa: This is the most common work visa. It permits non-citizens and non-residents to come to the U.S. for work. The H visa has several classes. Most employees will get an H-1B visa, which is for specified professional jobs. There are also H-2 visas for seasonal workers who don't work for more than one year. Finally, H-3 visas are for foreign workers seeking to gain experience or training with U.S. companies. H-3 visas do not allow holders to continue their careers once the training period is over. I Visa: These are visas issued indefinitely to reporters, editors, and press in the U.S. I visas can last for as long as the holders are still carrying out a journalism-related job. L Visa: An L visa is a seven-year visa usually issued to executives or managers employed by multinational companies who transfer to the U.S. from other countries. O Visa: This type of visa is issued for three years but can be extended. O visas are for people with extraordinary skills or people traveling with persons with special abilities. These kinds of exceptional skills could be in science, arts, education, business, or athletics. Factors Affecting Length of Stay for Work Visa Holders Ideally, one only stays in the U.S. for the duration of the visa. In many cases, you can seek to extend or renew an employment visa. However, you need to begin the process before the current visa expires. Legal problems, such as criminal activity or arrests by law enforcement, can cause visa holders to lose their status. On the other hand, some visa holders may become eligible to apply for permanent residency. For example, an H-1B visa is known as a dual-intent visa because it allows the holder to work and apply for a Green Card, which could eventually lead to permanent residency and the ability to remain in the U.S. indefinitely. If there are challenges to visa renewal or a Green Card application, you can enlist the help of an attorney, who can help explain the details and give you options for legal steps to take. Steps Your Employer Must Take to Apply for a Work Visa Though there are different types of work visas, most follow a similar application process. There are three main steps necessary to begin the work visa procedure. The first step is to apply for a job in the United States. Workers who already have employment with a multinational company may simply have to request a transfer to a United States office. Since your employer needs to be involved in the visa process, you need to get hired before you can take the next step. Your employer must petition for nonimmigrant work with the United States Citizenship and Immigration Services (USCIS). Once the petition is approved, you can start the application process. The Department of Labor also needs to approve the petition. Typically, this approval process requires proving that you have special skills, training, or abilities that the employer cannot find in the U.S. Once your employer has completed these steps, it's time for you to start the visa application process. Visa Application Process After the employer completes their steps, you can begin filing paperwork to get your visa approved. You must fill out form DS-160. This is an online process, but you need to print relevant pages and remember all your answers because they will come up again during the interview. Once the USCIS accepts the form, you then book a visa interview date. The interview is conducted in your home country. It typically takes place in a U.S. embassy or consulate. You need to bring other documents to support your application when you go to the interview. The embassy or consulate website should provide all necessary information on what is required. You can expect to bring your passport, visa application confirmation page, passport photos, and approved petition receipt number. The interviewer will ask questions about your application, your professional experience, and your plans for employment in the United States. They may verify information submitted in your application. After the interview, you need to wait for notice of approval or denial of your visa. Can an Immigration Lawyer Help with a Work Visa? Employers may hire immigration lawyers to provide advice related to work visas and visa renewals. In general, the application process for common work visas is not complex. However, if you make a mistake on the form or do not supply necessary supporting evidence and documents, your application could be delayed or denied. You can hire an attorney to check that everything is in order before submitting. If you are worried that a visa extension could get denied, you can also enlist the help of an attorney to help you make a case for an extension. Lawyers can also help you with the task of proving that you have special skills that someone who is already in the U.S. cannot replicate.