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Work visa in the USA

With vast experience of providing immigration services to corporate and individual clients wishing to transfer their employees to the USA or looking in obtaining an employment visa, Feod Group, established in 1992, stand ready to assist in all types of employment based visa categories. We have offices in USA, UK and Ukraine.

US Immigration law provides for two (2) classes of visas: Non-Immigrant (for individuals entering for a temporary period) and Immigrant (for individuals entering to remain permanently).

All immigrants are permitted to work. However, only a limited number of non-immigrant

Aliens may accept employment and, such employment is mostly restricted to specific positions or employers.

Most individuals who have entered as non-immigrants may have their status extended or changed. Should they become eligible for an immigrant visa based upon family or employment they may oftentimes file for Adjustment of Status and receive their immigration status in the USA.

Example:

In the above examples, the aliens are in non-immigrant status and at a point begin the process to gain immigration status.

The Feod Group has experience with all types of visas and understands the different processes required to obtain the client’s immigration goals. It has been providing comprehensive service for over twenty-five (25) years. It is a unique firm with offices in several countries (including Ukraine and the USA).

 

Nonimmigrant (temporary)  employment visas in the USA

 

Temporary work visas are issued to persons who intend to enter the US to work for a certain, fixed period.

Acquiring a temporary employment visa in the United States includes several stages:

In most cases, the employer must first obtain a labor certification from the Department of Labor. Subsequent to that, the prospective employer should file a petition with U.S. Citizenship and Immigration Services (USCIS). An approved petition is required to apply for a work visa.

With an approved petition, the applicant may apply for a work visa at the U.S. Embassy or Consulate in the country of residence.

 

Temporary work visa categories

 

 H-1B: Person in Specialty Occupation  If you want to apply for H-1B you must meet the specialty occupation, which requires higher education.
The H1B visa is issued for three years, with the possibility of extending to six years without leaving the US. Specialists involved in the projects of the Ministry of Defense can extend their visa up to 10 years.
 H-2A: Temporary Agricultural Worker  For temporary or seasonal agricultural work.
 H-2B: Temporary Non-agricultural Worker  For temporary or seasonal non- agricultural work.
 H-3: Trainee or Special Education visitor  To receive training, other than graduate medical or academic, that is not available in the trainee’s home country or practical training programs in the education of children with mental, physical, or emotional disabilities.
 L: Intracompany Transferee  To work at a branch, parent, affiliate, or subsidiary of the current employer in a managerial or executive capacity, or in a position requiring specialized knowledge. Individual must have been employed by the same employer abroad continuously for 1 year within the three preceding years.
 I: Media  For representatives of the foreign media, traveling temporarily to the United States to work in their profession engaged in informational or educational media activities, essential to the foreign media function
 J: Exchange visitor For individuals approved to participate in exchange visitor programs in the United States.
This category is intended for:
• Participants in the Au pair, EduCare, Work Travel programs;
• Students on short-term programs;
• Counselors;
• Government visitors;
• Students, colleges / universities for exchange;
• Interns;
• International Visitors;
• Physicians;
• Professors and Research Scholars;
• Secondary School Students;
• Short-Term Scholars;
• Specialists;
• Summer Work Travel;
• Teacher.
Before you can contact the US Embassy or Consulate for a J-1 visa, you must first apply and be accepted into one of the exchange programs through the appropriate sponsoring organization.

General Required Documentation for obtaining temporary work visa:

– passport;

– completed application form;

– confirmation of payment of application fee;

– photo;

– information on the approved petition;

– other documents, depending on the visa category.

 

Please note that the above list of documents is not final. Feod Group lawyers will help to compile a full package of documents, and also prepare you for a successful interview at the Embassy and minimize the risk of denial of the visa, which will save your time and money.

 

Immigrant work visas in the USA

 

The obtaining of immigrant employment visas in the United States include several stages:

First, the employer must obtain a labor certification from the Department of Labor

Further the prospective employer must file a petition with U.S. Citizenship and Immigration Services (USCIS). An approved petition is required to apply for a work visa.

After approving the Petition you may apply for a work visa at the U.S. Embassy or Consulate in the country of residence.

In some cases, spouses and children may accompany or join immigrant workers.

There are several categories of immigrant visas based on employment.

 

Categories of employment-based immigration

 

Priority Workers (E1)

A First Preference applicant must be the beneficiary of an approved Immigrant Petition for Foreign Worker, Form I-140, filed with USCIS.

This category includes three groups of employees:

 

Professionals Holding Advanced Degrees and Persons of Exceptional Ability (E2)

A Second Preference applicant must generally have a labor certification approved by the Department of Labor. A job offer is required and the U.S. employer must file an Immigrant Petition for Alien Worker, Form I-140, on behalf of the applicant.

This category includes two groups of applicants:

 

Skilled Workers, Professionals, and Unskilled Workers (Other Workers) (E3)

A Third Preference applicant must have an approved Immigrant Petition for Alien Worker, Form I-140, filed by the prospective employer. All such workers generally require labor certification approved by the Department of Labor.

This category includes tree groups of applicants:

 

Based on the approved petition, spouse and unmarried children (under 21 years of age) can also apply for an immigrant visa. They also need to complete forms, obtain the necessary documents, pay the necessary fees, and undergo a medical examination.

There are also some other categories of immigration labor visas (E4 – workers of religious organizations, former employees of US government agencies abroad). Detailed information about the opportunities for labor immigration in the US you can obtain by contacting the specialists of Feod Group.

General required documentation for obtaining immigrant work visa:

– passport;

– completed application form;

– confirmation of payment of application fee;

– photo;

– information on the approved petition;

– other documents, depending on the visa category (documents confirming education, scientific degrees, publications, employment contracts, etc.).

Please note that the above list of documents is not final and may vary depending on the specific situation. Feod Group provides its clients with comprehensive services, including services for obtaining the necessary permits and licenses for the employer, fully support in preparing documents from abroad, and then preparing the employee for interview to obtain a relevant work visa.

Countries where we offer visa and immigration support:

see full list of countries

Our experts
Elena Georghiou
Founder and Managing Director
Ukraine
George Georghiou
Managing Рartner
United Kingdom
Tetyana Lementarova
Managing Partner
Ukraine
William Slattery
Рartner
USA
Christopher Pelentrides
Рartner
United Kingdom
Peter Petrou
Partner
United Kingdom
Daniele Papone
Partner
Italy
Jerome Da Ros
Partner
France
Stefan Toffol
Partner
Switzerland
Julia Kalina
Partner
Spain
Rimma Dontsova
Senior Adviser
Visas and Immigration
Ukraine
Inna Marchenko
VIP Client Manager
Visas and Education Abroad
Ukraine
Yaroslava Shkolna
Legal Adviser
Ukraine

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