US Work Visa in Mumbai, India

 

US Work Visa For Indians

Working in the US is a dream for many and to fulfill these dreams the US government provides a work visa to the people based on their eligibility and if they fulfill the criteria set by the US Government.

Applicants who need to work in the US temporarily fall under the category of Non-Immigrant Visa. Work Visa is divided into different categories based on the type of work you will be carrying out in the US. These work visa categories will require your employer or an agent to file the petition on behalf of you and need to get it approved by the U.S. Citizenship and Immigration Services (USCIS) before applying for a work visa.

All the applicants belonging to category H, L, O, P, and Q need to get their petition approved on their behalf by USCIS. This petition and the form I-129 need to be approved before you apply for a work visa at the Consulate or Embassy. On approval of the petition, your agent or the employer will receive a notice of action and form I-797 which will be an approval notification on your petition.

The Consulate Officer will be verifying your petition of approval with the help of the Department of State’s Petition Information Management Services (PIMS) during the interview. You must carry along the I-129 receipt number of the petition and a  print of Form  I-797 for the interview at the Consulate or Embassy to verify the petition approval. Valid petition does not guarantee the Approval of the visa, it means you should be found eligible under the U.S. Immigration Law.

Visa Descriptions

  • H – 1B – Speciality Occupation – This visa is required if you intend to come to the US for a pre-arranged professional job. To qualify for this job you need to hold a bachelor’s or higher degree in the specialty for which you seek employment. USCIS will determine whether you fall under specialty occupation and you are qualified to perform the services. Your employer is supposed to file the labor condition application with the department of the labor with regards to terms and conditions of its contract of employment with you.
  • H-2B – Skilled and Unskilled workers – This visa is required for the people who are going to the US to perform the job which is either temporary or seasonal and there is a shortage for the same in the US. Department of Labor Certification is required to be obtained by your employer confirming that there are no qualified workers available for this type of employment on which your petition is based.
  • H-3 Trainee – This visa category is for who is coming to the US to receive training from the employer in any field or the endeavor, other than graduate and must have education for a period of up to 2 years.  You might be paid for this training  & “Hands-on” work is authorized. Training cannot be used for productive employment and must not be available in your home country.
  • H-4 Dependents – A principal holder of H visa and their spouses including same-sex spouse and /or unmarried children below the age of 21 may receive an H-4 visa to accompany you to the US. However, your spouse and children are not permitted to work while in the US.
  • L-1 Intra Company Transferees – L-1 Visa is for those employees who are working at an international company that is transferring temporarily to a parent/affiliate/subsidiary branch of the same company in the US. These international companies can be the US or a foreign organization. To get qualified for this visa you must be at the managerial or executive level employee or having specialized knowledge and destined to be positioned at the US company at either of these levels, not necessarily in the same position held previously. Additionally, you must be employed outside the US with the international company continuously for 1 year within 3 years preceding your application for admission in the US. An individual can apply for this type of visa only after his US company or affiliate US based company has received an approved petition from USCIS through “Blanket” or an individual basis.

Blanket US Interviews are only conducted at the US Consulate General Chennai.

  • L-2 Dependents – A principal holder of valid L visas, their spouses, same-sex spouses, and unmarried children below the age of 21 can receive the derivative visa. With the change in current law, your spouse can seek employment authorization. Your spouse has to enter the US on his/her L-2 visa and then submit Form I-765, along with the application fee. Children below the age of 21 are not authorized to work in the US.
  • O visa – This visa is issued to people with extraordinary talent in the field of science, arts, business, education, and athletics or any extraordinary achievement in the motion pictures and television production & essential support personnel.
  • P visa – This visa is issued to athletes, artists, entertainers, and essential support personnel who will be coming to perform in the US.
  • Q visa- This visa is for if you are traveling to the US to participate in an international cultural exchange program to provide training, employment, and sharing the history, culture, and traditions of your home country. You need to have a petition filed on your behalf by the program sponsor and the same to be approved by USCIS.

When to apply? – US Work Visa

The Consulate or Embassy may process your visa application up to 90 days before the beginning of employment status as mentioned in Form I-797. However, while making your travel plans you need to note that due to Federal Regulations you can use this visa only to apply for entry purpose to the US starting 10 days before the beginning of the approval status of your period noted in I-797.

Documents needed for submission of H, L, O, P, or Q visa

  • You need to pay the application fee USD 190.
  • DS-160 Form
  • Valid Passport to travel to the US and it must be valid beyond 6 months on your arrival to the US
  • 1 Photograph with the dimension of 51mm x 51mm with white background, matt finish, 80 % face clearly visible.
  • If you are already issued a visa there can be an additional visa issuance reciprocity fee which depends on your nationality. Department of the US website can help you out on finding if you need to pay a reciprocity fee and what would be the amount for the same.
  • If you are a holder of an L-1 application on a blanket petition, you need to pay a fraud prevention & detection fee.
  • The receipt number on the approved I-129 petition.
  • Copies of I-797 are not required during an interview.
  • Appointment letter

False and misleading documents may result in permanent ineligibility of the visa.

Supporting Documents

Officers look after each applicant individually and consider all the factors including professional, cultural, social, and any other factors with regards to the application. The consular office may consider your family situation and your long-term plans and prospects with your home country. Each case is examined individually according to the merit.

If you are a first-time visa applicant you need to carry the following documents:

  • Certificate for job qualification & university or diploma certificate if any.
  • Original letter of your past and current employment with details of your position, duration, and the projects you worked upon.
  • Original letter from the client and any intermediate vendors confirming they are expecting your services.

If you are holding H-1B Visa you need to carry the following documents:

  • Salary slips of your current or past employment
  • Bank statement showing the status of your preceding 12 months in the US.
  • Name and Contact numbers of current and past personal managers at your place of employment.
  • Federal Tax forms 1040 & W-2 for the years you were employed in the US
  • Resume.

Dependent US Work Visa Documents

Dependents should bring all the required mandatory documents and apart from that the following documents will be needed to process the application

  • Original Marriage Certificate for Spouse & Original Birth Certificate for children below the age of 21.
  • Letter from the current employer of the spouse confirming his/her employment.
  • If your spouse is currently employed in the US on an H-1B visa then his/her salary slips for the entire year and Federal Tax Returns for all the years he/she has been employed in the US on H-1B Visa.

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Fly For Holidays is Online Travel Company based in Mumbai, but we provide Visa Services online and offline for major cities in India like Mumbai, Pune, Nagpur, Goa, Bangalore, Chennai, Kochi, Trivandrum, Delhi, Surat, Ahmedabad, Rajkot, Jaipur, Kolkata and many more. Do not hesitate to reach us and talk to our experts for your visa application.

Procedure to Apply for US Work Visa

  • Non-Immigrant Visa applicants need to determine their category and based on that they need to select the appropriate category which applies to your situation.
  • The next step will be to fill up the DS-160 form. All the information provided in this form must be true & correct. Once you submit this Ds-160 form you won’t be able to make any changes hence it is advisable to check all the details thoroughly before submission. If your application gets rejected you need to fill a fresh form while reapplying.
  • On the determination of the visa category and submitted DS-160 form you need to make the payment.
  • On making the payment you are ready to schedule an appointment. For that, you need to login the profile with the same details you used for paying the fees.
  • You need to schedule two appointments one for the VAC (Visa Application Center) and the other one for Visa Interview at Embassy or Consulate.
  • For the appointment at VAC center at you must select one of the five locations which will be for fingerprint and photo collection. This appointment must be scheduled at least 1 day before Embassy or Consulate Interview.
  • The second will be to schedule an appointment with the Embassy or Consulate. While scheduling this appointment you need to have your Passport number, fee payment date, and 10 digit bar code number on the DS-160 form.
  • While you go through all the processes you will be entering the following data which includes selecting visa type, personal data, dependents, selecting passport delivery location, confirm on visa payment, and scheduling the appointment.
  • On the day of VAC appointment, you need to carry Original Passport which is valid for travel and has the validity of 6 months on your arrival in the US, DS-160 form, and appointment confirmation page.
  • The next step will be an interview with the Consulate or Embassy where you need to carry Original Passport (Current & Old), DS -160 form, Appointment letter, Supporting Documents.
  • For L-1 Applicant on a blanket petition, you need to pay fraud prevention & detection fee.
  • A print of the Receipt number printed on the approved I-129 petition.

US Visa FAQ’s

1. Who can apply for the US work visa?

Anyone who has special skills and talent which is not available in the US can apply for a work visa.

Are medical tests mandatory for applying the US work visa?

Yes, medical tests are mandatory for applying for a work visa.

3. What will be the validity of the visa?

Validity of the visa is the consulate’s discretion. The validity of the visa will be mentioned on the visa.

4. Is PCC required for applying for the US work visa?

Yes, Police Clearance Certificate is required for applying for the US Work Visa.

5. Is travel insurance required for processing the US work visa?

No, Travel Insurance is not mandatory for applying the US work visa.

Terms & Conditions

Grant of visas are at the sole discretion of the visa officer at the consulate. We at Fly for Holidays will provide you guidance and advise to submit your visa application to the best of our knowledge and as per our information and experience. Possible time taken to process visas and turnaround time as advised by us to you is as per an estimate that is provided by Consulates. Applications are reviewed based on the information and documents submitted by you. Fly for Holidays is not responsible for the validity ,approval or rejection of your visa application at any point of time.

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