Work Visa Immigration Frequently Asked Questions

150 150 Marisol Mancera

Work Visa Immigration Frequently Asked Questions

Immigrants who want to work in the United States have to obtain a work visa before being allowed to work there. The work visa is applied for once their Petition for Non-immigrant Worker, Form I-129, has been approved. Normally, it is the employer who sponsors the immigrant worker. Just like all the other visas, there are a lot of questions that arise with regards to getting a work visa.

In this post, we highlight some of the most frequently asked questions regarding work visa and provides answers to them.

Will I be able to get a work visa if I am coming to do casual labor?

Work visas are slated for persons who portray special skills and abilities in a certain field. One of the requirements for getting a work visa is that you must possess an academic qualification that proves you are qualified to do certain important tasks in a work setting. You, therefore, cannot get a work visa if you are just coming to do some casual work.

What is the age limit for applying for a work visa?

There is no age limit that has been set stipulating the type of persons that can apply for a temporary work visa. All that is needed is proof that you are indeed the right person to take up a certain job position in a United States-based business or company.

Can I get a temporary work visa before getting a job offer from a U.S. employer?

For one to get a temporary work visa, they have to be sponsored by an employer in the United States. They are the ones to file the petition; which should include a letter of employment proving that indeed you have a job position once you land in the United States. This means that you cannot get a work visa before you get an employment offer and neither can your United States relative sponsor you to get a work visa unless they are offering you a job.

Once I get my visa approved, will I be allowed to enter the United States?

When you get your visa petition approved, you still will have to wait before you are allowed into the United States. The rule is that you will be allowed to get to the United States 10 days prior to the day you begin working.

Do I need to go to another visa interview if I want to renew my work visa?

Sometimes it is possible to get an interview waiver when you are renewing your visa. You need to check with the immigration department to know if you are qualified for the waiver or not. If not, you will be required to make an application and attend the interview.

Who will pay the Fraud Prevention and Detection fee?

If you are applying for an L-1 visa, the applicant has to pay the Fraud Prevention and Detection Fee. For those applying for the H-1B, H-2B and the individual L visas, it is the petitioner who will pay the Fraud Prevention and Detection fee which is payable to the United States Citizenship and Immigration Services as they file the work visa petition. The fees are normally paid at the Consulate’s office or the United States embassy.

How soon should I apply for an H-1B visa?

You can begin the process of obtaining your H-1B visa as early as 90 days prior to the date your petition processing commences. Normally, the USCIS would issue you with a Notice of Action to inform you of the progress of your petition. However, you still have to wait up to within 10 days to when you are to commence work for you to be allowed to enter the United States. You can get in earlier if you already have a working visa with your current petitioner.

Can I have my spouse and children come with me to the United States?

It is possible to have your spouse and your children accompany you to the United States. However, they also have to apply for dependent visas. It is advisable to start the application for the dependent visas early enough so that you can travel with them once your visa is ready.

Can my dependents with dependent visas work in the United States?

The visa category is what will determine whether your dependents can work or not. Dependents of L2 visa holders may be able to work in the U.S. while dependents for H-4 visa holders may not.

Do I have to apply for another work visa if I changed my employer?

If you happen to change your employers, you need to do so following the rules set by the United States Citizenship and Immigration Services. This will allow you to continue using the work visa you had been previously issued to get back to the United States. However, you will have to present a new Form I-797 that shows your change of employer has been approved.