Get Employed as Skilled Worker with Visa in U.S.A.

Applying for a U.S. skilled worker visa from a third-world country can be a complex process but manageable with the right guidance. The most common pathways for skilled workers are employment-based (EB) immigrant visas or temporary non-immigrant work visas. Here's a detailed step-by-step guide to applying for a U.S. skilled worker visa:

1. Identify the Appropriate Visa Category

The United States offers several visa options for skilled workers. Some key categories include:

Employment-Based Immigrant Visas (Green Card)

EB-1: Priority Workers (for extraordinary ability, outstanding professors/researchers, or multinational managers)
EB-2: Professionals with Advanced Degrees or Exceptional Ability
EB-3: Skilled Workers, Professionals, and Other Workers (includes jobs requiring at least 2 years of experience or a bachelor's degree)

Non-Immigrant Work Visas

H-1B Visa: For professionals with specialized skills (requires a job offer and a bachelor’s degree or equivalent)
L-1 Visa: For intra-company transfers (if you work for a multinational company with a branch in the U.S.)
O-1 Visa: For individuals with extraordinary ability or achievement in their field
TN Visa: For citizens of Canada or Mexico under the NAFTA agreement (only for specific professions)

2. Obtain a Job Offer from a U.S. Employer

Before applying for most work visas, you must secure a job offer from a U.S.-based employer. The employer must be willing to sponsor your visa application, which involves meeting specific legal requirements.

3. Employer Files a Petition

For most work visas, the U.S. employer must file a petition with the U.S. Citizenship and Immigration Services (USCIS). Here’s an overview of the process for key visa categories:

For H-1B Visa:

The employer must first obtain a Labor Condition Application (LCA) from the Department of Labor (DOL) to ensure that the job will not adversely affect U.S. workers’ wages and conditions.
The employer then files Form I-129 (Petition for a Nonimmigrant Worker) with USCIS. This form is essential for both H-1B and other nonimmigrant visas like L-1 and O-1.

For EB-2 and EB-3 Visas:

The employer must first obtain a PERM Labor Certification from the DOL. This involves demonstrating that no qualified U.S. worker is available for the job.
After obtaining the labor certification, the employer files Form I-140 (Immigrant Petition for Alien Worker) with USCIS to prove that you qualify for an employment-based visa.

4. Wait for Petition Approval

After the employer files the relevant petition (Form I-129 for non-immigrant visas, Form I-140 for immigrant visas), you’ll need to wait for USCIS to approve it. Processing times vary based on visa types and current backlogs.

5. Apply for a Visa at a U.S. Consulate or Embassy

Once the petition is approved:

For Non-Immigrant Visas (e.g., H-1B, L-1, O-1):

You’ll receive a Notice of Approval from USCIS (Form I-797).
Complete Form DS-160 (Online Nonimmigrant Visa Application) on the Consular Electronic Application Center (CEAC) website.
Pay the visa application fee.
Schedule an interview at a U.S. consulate or embassy in your home country.
Prepare for the visa interview by gathering necessary documents, including:
- Passport (valid for at least six months beyond your intended stay in the U.S.)
- Approved Form I-797
- Form DS-160 confirmation page
- Job offer letter
- Evidence of educational qualifications and professional experience

For Immigrant Visas (EB-2 and EB-3):

After I-140 approval, check your priority date against the Visa Bulletin to ensure a visa is available for your category and country.
Complete Form DS-260 (Online Immigrant Visa Application).
Submit the required documents to the National Visa Center (NVC), including:
- Passport (valid for six months beyond the intended entry date)
- Birth and marriage certificates, if applicable
- Police certificates from all countries lived in for six months or more
- Job offer letter and financial documents to prove that you won’t become a public charge
Schedule an interview at a U.S. consulate in your home country.
Attend the visa interview with all supporting documents.

6. Visa Interview and Decision

The visa interview is a crucial step in the application process. During the interview, the consular officer will review your documents, ask questions about your job offer and qualifications, and verify your intent to return (if applying for a non-immigrant visa).

7. Receive Visa Approval and Travel to the U.S.

If the visa is approved, you will receive your passport with the visa stamp. Review the visa to ensure all details are correct. For immigrant visas, you’ll also receive a sealed envelope containing documents that you must present to U.S. Customs and Border Protection (CBP) officers upon entry.

8. Arriving in the U.S.

Upon entry, present your passport and visa at the CBP checkpoint. For immigrant visas, hand over your sealed envelope to the CBP officer.
For non-immigrant visas like H-1B, you’ll receive an I-94 form indicating your duration of stay.

Summary of Requirements for U.S. Skilled Worker Visa:

Job offer from a U.S. employer
Employer sponsorship (petition filed with USCIS)
Form DS-160/DS-260 completion and submission
Interview at the U.S. consulate or embassy in your home country
Visa fee payment
Supporting documents (passport, job offer letter, educational credentials, etc.)

Additional Tips:

Plan Early: Securing a job offer and sponsorship is often the longest part of the process.
Research Employers: Look for U.S. employers that frequently hire international workers and have experience with visa sponsorship.
Consult an Immigration Lawyer: For complex cases or uncertain scenarios, it’s beneficial to seek advice from a qualified immigration attorney.

By following these steps carefully, you can successfully apply for a U.S. skilled worker visa from a third-world country.