In 2023, there are various ways to get a work visa for the United States. The H-1B Visa, L-1 Visa, and E-3 Visa are the three most popular categories of work visas.
H-1B Visa
People with specialized expertise and a bachelor’s degree or higher in a particular profession are eligible for the H-1B Visa. Employing foreign employees with specific talents in technical sectors like computer programming, engineering, and other specialized jobs is a practice that technology organizations frequently adopt.
H-1B Visa Requirements for Obtaining a Work Visa in the United States
To qualify for the H-1 B visa, individuals must have a job offer from an American employer, and the employer must submit the labor conduct application (LCA) to the Labor Department (DOL). The LCA must demonstrate that the foreign worker will be paid at least the same wage as a U.S. worker in the same occupation and that the employment will not adversely affect the working conditions of U.S. workers. The employer must also prove that the position requires specialized knowledge and that the foreign worker is the best candidate.
The H-1B Visa allows individuals to work in the United States for up to three years, with the possibility of an extension for an additional three years. After this period, individuals must leave the country for a year before they are eligible to apply for another H-1B Visa.
L-1 Visa
The L-1 Visa is designed for individuals transferred to the United States by their foreign employer to work in a subsidiary, parent, affiliate, or branch office of the same company. Companies commonly use the L-1 Visatransferring executives, managers, and specialists to their U.S. operations.
To qualify for an L-1 Visa, individuals must have been employed by the foreign company for at least one year in the three years preceding the application. They must be coming to the United States to work in a managerial or executive capacity or in a position requiring specialized knowledge. The L-1 Visa allows individuals to work in the United States for up to seven years for L-1A (executives and managers) and five years for L-1B (specialized knowledge employees).
E-3 Visa
The E-3 visa is a special business visa available only to Australian citizens. It is like an H-1B visa designed for special knowledge and a bachelor’s degree or higher in a particular field. To qualify for the E-3 visa, individuals must have a job offer from an American employer, and the employer must submit the labor status request (LCA) to the Labor Department (DOL).
LCA must show that a foreign worker will be paid at least equal wages delivered in the same profession as an American worker and that the job will not hurt American employees’ working circumstances.
EB-5 Immigrant Investor Program
Another option to obtain a work visa in the United States is through the EB-5 immigrant investor program. The program allows foreign investors to get a green card by investing a maximum of 500,000 in a business that creates or protects at least ten jobs for American workers. The EB-5 program has successfully attracted foreign investment in the United States and built jobs for American workers.
H Visa
In addition to these options, there are many other types of function visas that, depending on a person’s ability and the specific requirements of the US employers, can be available in 2023. These include H -2B visas for seasonal workers, H -2A visas for agricultural laborers, and H -3 train tickets.
Exceptions
There are some exceptions to the H-1B visa that applicants should know. For example, some non-profit and government research organizations are exempt from the annual H -1B visa cap. In addition, people who have received or obtained more from the US company may be eligible for the “Master Cape,” which differs from the ordinary H -1B hat.
Another exception to the H -1B visa is that some people may be eligible for “Cap -Ax” H -1B visas. This includes people currently in H -1B positions and demanding change of employers, those who have the first H -1B position and have not been out of the United States for more than a year, and associated non -profit organizations.
There is an exception to the L -1 visa called the L -1 blanket petition. It facilitates companies that often transfer employees to the United States, allowing each employee to file an L -1 application for several employees rather than a separate one. To qualify for the L-1 blanket petition, the company must have an established office in the United States for at least one year and at least three employees there.
The E-3 visa has a cap of 10,500 per financial year, less than the H-1B visa. In addition, the E -3 visa does not allow dual intentions, which means that E -3 visa holders cannot apply for a Us green card while living in the United States under this visa.
The EB5 immigrant investors are some exceptions to the program, and regional centers are available that allow foreign investors to invest in pre-determined trade enterprises or regional centers instead of creating their businesses. In addition, some targeted job sector (TEA) projects may require less investment of 900,000.
An applicant for a work visa in the United States with various citizenship
An applicant’s citizenship can affect some of the work visa options in the United States. For example, the H-1 B visa is subject to the annual cap, and some countries, such as India and China, are more demanding visas, which makes CAP more likely for citizens of these countries. As a result, citizens of these countries may face a long time of processing and may be more likely to be denied their application.
E -3 visas are only available to Australian citizens, and thus people from other countries are not eligible to apply for this visa.
The EB-5 immigrant investor program is open to citizens of all countries, but some countries may have more demand for EB-5 visas, which can lead to a long time of processing. In addition, the fraud rate may be high in some countries, which may increase the EB-5 visas and the problems.
The L -1 visa is open to citizens of all countries, but citizens of these countries may face additional restrictions or delays in obtaining L -1 visas under the President’s announcement or executive order.
Work Visa in the USA Requirements
H-1B Visa
- The H -1B visa can work for American employer for 6 years.
- The H-1 B visa can work for an American employer for six years.
- H -1B visa holders can bring their spouses and children under H -4 U.s visa for children under 21 years of age.
Cons ;
- The H -1B visa is subject to the annual cap, which means that the available visa is limited, and the competition can be higher.
- The process of obtaining H -1B visas can be long and complicated and requires both employer and employee participation.
- H -1B visa holders are bound by specific employers who support their visa, and if they lose their job or want to change employers, they are American. You will have to leave the process of obtaining a new visa.
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L-1 Visa
- L -1 is available for visa officers, managers, and special knowledge of international companies.
- L -1 allows employees to go to the US office.
- L -1 visa employees allow employees to apply for a green card while living in the US.
Cons ;
- L -1 visa is available only to company employees with an existing office in the United States.
- The L-1 visa does not have a certain time frame, but it is usually given at least seven years for officers and managers and five years for special educational staff.
- The process of obtaining an L -1 visa can be complex and time-consuming, requiring both employers and employees.
E-Visa
Pros;
- E -3 visas are especially for Australian citizens, who can renew them indefinitely for more than two years. I allow to work.
- The E -3 visa process is usually less complicated and faster than the H -1 Bone.
Cons;
- E -3 visas are only available to Australian citizens and are not open to citizens of other countries.
- The E-3 visa is subject to a financial year cap of 10,500 annually, meaning that the available visa number is limited, and the competition may be higher.
- The E -3 visa does not allow dual intentions, which means that E -3 visa holders cannot apply for a green card while living in the United States under this visa.
