How to Get a Work Permit Visa

U.S. Congress restricts the number of H-1B status holders each year.

Pursuant to provisions contained under section 101(a)(15)(H) of the Immigration and Naturalization Act (INA), you can obtain a work permit in the United States through the H-1B status if you possess advanced knowledge in a “specialty occupation.” The phrase “specialty occupation” is one that could embody a wide range of fields, some of which include, but are not limited to, architecture, computer programming, accountancy, and business. U.S. Department of Labor plays an important role in ensuring that the working standards of foreign workers do not negatively affect those of U.S. workers.

Difficulty:

Challenging

Instructions

Things You'll Need

• Forms I-129, DS-157 and DS-156
• Photo, head shot, 2 by 2 inches
• Machine-readable visa (MRV) fee
• Documents proving strong ties to your home country

1. Qualify for an H1-B visa by getting a post-secondary educational credential, such as a bachelor’s degree.

2. Apply for a position in the United States that meets the H1-B requirement. A position meets the H1-B requirement if the nature and scope of the position are such that only an individual with a bachelor’s degree or higher can perform the job to the employer’s satisfaction, or if it requires you to have at least a bachelor’s degree or higher in a specific field.

3. Have a Labor Condition Application (LCA) and a Form I-129, Petition for a Nonimmigrant Worker (see Resources) filed on your behalf by the U.S. employer. The employer must file the LCA with U.S. Department of Labor and Form I-129 with United States Citizenship and Immigration Services (USCIS).

4. Have the employer send you a notarized copy of the approved Form I-129 from USCIS.

5. Have a passport-sized photo taken of you within the last six months; your photo must be 2 inches by two inches.

6. Spot the homepage of your local U.S. Embassy or consular office by checking the “Websites of U.S. Embassies, Consulates, and Diplomatic Missions Worldwide” online page.

7. Download Forms DS-156, Application for Nonimmigrant Visa and DS-157, Supplemental Nonimmigrant Visa Application. Complete and print the forms, making sure you answer the questions as thoroughly as you can.

8. Go to an embassy-approved institution, as directed on the local U.S. Embassy website, and pay your MRV (machine-readable visa) fee, which, as of July 2010, was U.S. $150.

9. Get documents proving strong ties to your home country. This may include, but is not limited to, vehicle registration, real estate ownership documents, credit card statements or a land title.

10. Schedule a consular appointment by going to the website of your local U.S. Embassy and then following the instructions on how to schedule appointments.

11. Go to the consular office on your appointment date. Submit your supporting documents and then answer the consular officer’s questions as carefully as possible, making sure you demonstrate that you have no plans to remain in the United States. Upon approval of your H-1B application, it may take up to five working days before the consular office processes your visa.

References

• USCIS: H-1B Specialty Occupations and Fashion Models
• Immihelp: H1 Visa Requirements

Resources

• USCIS: Form I-129, Petition for a Nonimmigrant Worker
• U.S. Department of State: Websites of U.S. Embassies, Consulates and Diplomatic Missions Worldwide
• U.S. Department of State: Form DS-156, Application for Nonimmigrant Visa
• U.S. Department of State: Form DS-157, Supplemental Nonimmigrant Visa Application