US Visa Guide

Who is this article for?

Non-US residents who are seeking a visa to work in the US.

Topics Covered in this Article:

Types of Visas
Visa Waiver Program
What to Expect as an Employer
Employer Visa Sponsorship Steps

Types of Visas

There are two main categories of visas; temporary worker visas and employment-based visas. The type of visa you need will depend on the duration of the stay and the type of work being conducted while in the country. Before applying for a temporary or employment-based visa, check to see if you (or the employee) are eligible for the Visa Waiver Progam, which doesn't require a visa for business stays under 90 days.

Temporary Worker Visas - Visas for individuals wanting to enter the U.S. for a fixed period, but not indefinitely. Depending on visa type, temporary visas can vary from one to six months or three to six years.
Employment-Based Visas - Visas if you plan to immigrate to the U.S. through permanent employment.

The most common types of work visas are

H-1B - Specialty occupation
L-1 - Internal company transferee
O-1 - Individuals with extraordinary abilities
TN - NAFTA - Citizens of Mexico and Canada
E-1 and E-2 - Treaty Trader and Investor
E-3 - Specialty occupation for Australians

See our articles on the various types of visas to determine which is best for you and how to apply.
Temporary Worker Visas
Employment-Based Visas

Visa Waiver Program

There’s no need to apply for a visa if the individual is a citizen of any of the 40 countries participating in the Visa Waiver Program and the duration of stay is under 90 days. However, travel authorization needs to be obtained and processing and authorization fees paid.

Being granted authorization does not automatically mean that the traveler will be allowed entry into the US. Upon arrival, the U.S. Customs and Border Protection (CBP) will still determine their admissibility.

Countries Under the Visa Waiver Program:

Australia
Belgium
Denmark
France
Germany
Greece
the Netherlands
Singapore
the United Kingdom

The full list of all 40 countries is listed on the US Homeland Security site.

Visa Waiver Program Steps:

1. Fill out an online application for travel authorization at the Electronic System for Travel Authorization (ESTA) platform. This is an automated system that determines the eligibility of travelers under the VWP.
2. Pay the $4 processing fee and $17 authorization fee

The ESTA process takes about 30 minutes, with the decision given minutes after finishing an application.

You can stay up to 90 days in the U.S. without a visa (for business or tourism) when approved. The ESTA is valid for two years or until the passport expires, whichever comes first. You can visit the U.S. multiple times within the validity period without re-applying, as long as you only stay up to 90 days at a time. There should be a reasonable amount of time between visits, or else the CBP may flag you, preferably around two trips within one calendar year.

Those with Authorization Pending status must check the website within 72 hours for the final result.

Visits on ESTA should qualify as a business trip, which involves:

Attending a business event, fair or conference, or board meetings
Facilitating an introductory meeting with potential business partners
Handling negotiations with a US-based client or supplier
Delivering a product or service
Doing an installation, control, or repair service
Providing advisory services to a client

ESTA holders are not allowed to enter into employment with a US employer, start their own business, or invest in an existing company in the US.

If the Visa Waiver Program does not fit your need, see below for the steps on employer sponsorship.

What to Expect as an Employer Hiring a Foreign Worker

Before hiring a foreign individual, the company is required to prove that despite advertising for a particular job opening with relevant documents submitted to the Department of Labor, you can’t find a US citizen as a candidate who matches or is suitable for the role.

In this case, you must advertise for the job for 30 days, which includes the following (note that two steps are mandatory):

Job order run by the Department of Labor (mandatory)
Two Sunday print ads in a newspaper (mandatory)
Three additional forms of recruitment (e.g., job postings on an employer website or a non-employer job search website, in-campus advertising)

If after 30 days you’re unable to find a suitable candidate, you have to wait for an additional 30 days before you can file for a Permanent Employment Certification (PERM) application. Job ads should not be older than 180 days at the time of filing the PERM application. See the remaining steps for employer sponsorship below.

Steps for Employer Sponsorship

It is highly recommended that the application is made through an immigration professional, such as an attorney.
This can be a long and complicated process. Choosing the correct visa path and proper documentation can be difficult and time-consuming without assistance.

If you’re planning to offer employment, then these are the steps you need to take:

Obtain a labor certification approval from the Department of Labor.
1. Permanent Employment Certification (PERM) Online Filing
2. ETA-9089 (if submitting by mail)
In some cases, you may be required to apply for a certification of labor condition (LCA) from the Department of Labor.
1. ETA-9035 (if submitting by mail)
File an Employment Eligibility Verification, Form I-9.
File petitions for your workers:
1. Immigrant Petition for Alien Worker, Form I-140 for permanent workers. The filing fee is $700.
  1. Some employment-based visas will require employers to send documentation of a job offer.
2. Petition for Nonimmigrant Worker, Form-I129 for temporary workers. The filing fee is $460.

When filing Prevailing Wage, H-2B, H-2A, H-1B, and E-3 visa programs, use the Foreign Labor Application Gateway (FLAG) platform.

Once the petition is approved, the US Citizenship and Immigration Services (USCIS) will send a Notice of Action, Form I-797.