NONIMMIGRANT VISA UNIT
TEMPORARY EMPLOYMENT IN THE UNITED STATES
Except as noted otherwise on this website, permission to work in the United States must be obtained through the United States Department of Homeland Security United States Citizenship and Immigration Services (USCIS). The U.S. Embassy does not have the authority to grant employment permits.
In all cases permission to work must be obtained by an employer in the U.S. who wishes to hire you. Briefly, the prospective employee must:
find an employer in the U.S. who wants to hire you. The Embassy cannot help you find an employer; you must find the employer yourself.
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have the employer file a petition with the USCIS to obtain permission for you to work in the United States. Generally, a position must be a professional position – i.e., a position requiring a university degree or equivalent experience – for the petition to be approved. The U.S. employer must also show that your experience and/or education fully meet the needs of the position.
Please note that the U.S. Embassy cannot help you find an employer, nor can it help you get an employment permit. The embassy can assist you only after the USCIS has approved your petition for a work permit.
PROCEDURE ONCE EMPLOYMENT AUTHORIZATION HAS BEEN RECEIVED FROM USCIS.
Once the petitioner (i.e., the U.S. employer) has received approval from the U.S. Department of Homeland Security (Bureau of Citizenship and Immigration (USCIS)) of its petition for an employment-based visa (e.g., H-1B, H3, L, O, P) on your behalf, obtain the original approval notice USCIS Form I-797). If you are already in the United States at the time the U.S. employer receives the petition approval from USCIS, you may begin working for the U.S. employer without leaving the country to obtain a visa. First, however, you must detach the new I-94 card – which is evidence of your employment authorization – attached to the bottom of the I-797 approval notice and insert it into your passport. (This does not apply to persons who entered the U.S on the Visa Waiver Program. Such persons must go abroad to apply for a visa before beginning employment)
If you leave the United States during the validity period of your H-1B status (set forth at the top of the I-797 and on the I-94) you must obtain an H-1B visa in your passport before attempting to reenter the United States. The visa should be obtained by applying at a U.S. consulate in your country of origin.
APPLYING FOR A WORK VISA
Applicants for nonimmigrant visas must be interviewed in person. In order to receive an appointment, please click here to Book an Appointment.
Note: Certain exchange visitors may be subject to the two-year foreign residence requirement of Section 212(e) of the Immigration and Nationality Act.
LINKS
Additional information on work authorization and forms are available at the website of the Visa Office of the United States Department of State.
See also:
Treaty Traders and Treaty Investors
Au Pairs and Domestic/Personal Employees
Practical Training in the United States
Students
