Obtaining a temporary working visa for the US is generally considered a simple, trouble-free process, involving different phases and several requirements that should be taken into consideration by the individual who plans to stay and work in America for a well-determined period of time, but also by the US-based employer who plans to hire a contractor from another country.

Steps to follow by people who are interested in working in the US in order to obtain a temporary working visa

Individuals who want to become eligible for a temporary working visa have to gather a few important documents, highlighting the fact that they plan to earn a living for themselves in America without intending to move permanently to the US. In other words, they have to present documents which indicate the fact that they have strong reasons to go back home before their visa expires (like for instance, family ties and/or an employment contract signed with a company from their own country). Applicants might also need to display a copy of their work contract provided by the American employer, revealing important information, like for instance where the applicant will live in the United States, the employment dates and the amount of money that they will be making on US territory, as a result of their collaboration with the US-based employer.

Steps to follow by US-based companies planning to hire Non-American citizens

American employers also have certain responsibilities, when it comes to hiring foreign staff members who need to obtain a temporary work visa prior to their arrival in the United States. Employers should start the entire process by filling out the I-129 form. There are various types of temporary work visas, like for instance Class E-1, E-2, suitable for 2-year stays, H-1B1 and H-1B2, H-1C, L-1A, O-1 and O-2 for stays of up to 3 years or H-3, which is appropriate for employers who want to profit from special training in the US for a well-determined period of 18 months. The main difference between all these types is the amount of time that the employer is allowed to spend in the United States. Some visas can be renewed several types, enabling employers to extend their stay in America, after meeting certain conditions.

Employers should be fully aware of the fact that they play an important part in the application process conducted by the foreign employer to obtain a temporary work visa. Also, employers have the responsibility to select staff members which are eligible for this type of visa and they will have to fill out a 9-page I-9 form, implemented to verify the employment authorization and the identity of applicants for a temporary work visa for the US.

After gathering all the required documents, the applicant should schedule an appointment at the US Embassy/ Consulate and file the forms. All candidates who are interested in obtaining a temporary working visa should display the completed above-mentioned forms, a valid passport and also proof that they have paid the visa application fees. After completing this last phase, foreign employers will have to wait for an official answer from the US Embassy/Consulate. Unfortunately, a great employment offer coming from an US-based company isn’t enough to automatically trigger a positive response, and there are no guarantees that an application will be approved.