U.S. Work Visa and Job Changes

1. How are U.S. work visa laws changing under the Trump administration?


Under the Trump administration, the U.S. work visa laws are becoming much more restrictive. The Trump administration has proposed new restrictions on the H-1B visa, which allows companies to hire foreign workers with specialized skills. The new rules would impose stricter criteria for obtaining an H-1B visa, including higher minimum wages for visa holders, and limiting the duration of visa stays. The Trump administration has also sought to restrict the number of visas available to foreign applicants, as well as to reduce the chances of an H-1B visa renewal. The Department of Homeland Security is also pursing a new “public charge” rule which would make it easier for the government to deny visas to those deemed likely to rely on public assistance. Additionally, the administration is continuing its efforts to limit legal immigration. These measures are meant to favor American workers over foreign applicants.

2. What types of work visas are available in the US?


The types of work visas available in the US are the H-1B, L-1, E-2, O-1, EB-1, J-1, TN, and R-1.

3. Can I work in the US without a work visa?


No, it is illegal to work in the US without a valid work visa.

4. Are there any restrictions on how many hours I can work with a US work visa?


Yes, there are restrictions on how many hours you can work with a US work visa. Depending on the type of visa you have, you may only be able to work a certain number of hours per week, and in some cases, you may even have to take unpaid leave for certain periods of time. It is important to check with the US Citizenship and Immigration Services to find out what the specific restrictions are for your particular visa.

5. What is the H-1B visa and who is eligible for it?


The H-1B visa is a visa program designed to allow companies in the United States to temporarily employ foreign workers in occupations that require specialized knowledge and a higher degree of skill. It is intended to help U.S. companies find workers with the skills they need when domestic sources are insufficient. It is available to foreign nationals who possess a post-secondary degree or its equivalent in a specialty field, and who are sponsored by an employer in the United States.

6. How do I apply for a US work visa?


To apply for a US work visa, you must first identify the type of visa you need. Depending on the type of work you are doing, you will need to complete an application form (Form DS-160) and submit it online, with photographs. Once the form is submitted, you will be required to schedule an interview at a US Embassy or Consulate. During the interview, you must provide supporting documentation such as your passport, evidence of funds and proof of employment. Once all documents are submitted, the application process is complete.

7. How long does it take to get a US work visa?


The processing time for a US work visa can vary depending on the type of visa you are applying for and the country you are applying from. Generally, the process can take anywhere from 2 to 12 weeks.

8. What are the requirements for obtaining a US work visa?


In order to obtain a US work visa, applicants must be sponsored by an employer who is offering them a specific job, possess the necessary qualifications for the job, and meet the requirements for the specific type of visa they are applying for. Additionally, applicants must provide evidence of their eligibility to work in the US (such as a valid passport), proof that they are not inadmissible to the US (such as police records and medical records), and proof of financial support. Depending on the type of visa, applicants may also need to demonstrate English language proficiency or take an interview.

9. Do I need a job offer to get a US work visa?


Yes. All US work visas require a valid job offer from an employer in the US. The employer must file the appropriate petition with the US government in order for the visa to be granted.

10. What is a green card and how do I get one?


A green card is a document that provides a person with permanent resident status in the United States. A green card grants its holder the right to live and work in the US permanently. There are many ways to obtain a green card, including through family-based immigration, employment-based immigration, or through the Diversity Visa Lottery.

11. Can I change jobs while on a US work visa?


Yes, you can change jobs while on a US work visa, but it is important to keep in mind that you must obtain a new visa before you start your new job. You will need to go through the same process as you did for the initial visa, including obtaining a Labor Condition Application. Additionally, you must not begin working for the new employer until you have received approval from the USCIS.

12. Are there any restrictions on the type of job I can do with a US work visa?


Yes, certain types of jobs, such as those in the military, may be restricted. Additionally, there may be restrictions on the type of industry or work that can be done with a US work visa. For example, a work visa may not allow you to work in certain industries, such as the medical or finance industries.

13. Are there restrictions on how many years I can stay in the US with a work visa?


Yes. Depending on the type of visa you receive, there may be restrictions on how long you can stay in the US. Generally speaking, the H-1B visa is valid for up to six years, the L-1 visa is valid for up to seven years, and the O-1 visa is valid for up to three years.

14. How often do I need to renew my US work visa?


Typically, a work visa is valid for three to five years and must be renewed prior to its expiration.

15. What documents do I need to apply for a US work visa?


In order to apply for a US work visa, you will need to submit the following documents:
-DS-160 application
-Valid passport
-Passport-style photographs
-Visa application fee payment receipt
-Proof of employment and qualifications for the job you are seeking
-Proof of financial support
-Proof of legal status in the US (if applicable)
-Evidence of strong ties to your home country (if applicable)
-Evidence of nonimmigrant intent (if applicable)

16. What happens if my application for a US work visa is denied?


If your application for a US work visa is denied, you are entitled to appeal the decision. Depending on your case, you may be able to apply for the same or a different type of work visa. Additionally, you may be able to appeal the decision to the Board of Immigration Appeals (BIA). The BIA will review the merits of your case and issue a decision.

17. Is it possible to transfer my existing visa to another employer in the US?


Yes, it is possible to transfer your existing visa to another employer in the US. This process is known as a “visa transfer” and requires the new employer to submit an I-129 petition to the USCIS. The petition must be approved before the transfer is complete.

18. Can I bring my family with me when I come to the US with a US work visa?


Yes, your family may accompany you on a B-2 visitor visa.

19. Are there any fees associated with applying for or renewing a US work visa?


Yes, there are fees associated with applying for and renewing a US work visa. The current application fees for a US work visa are $190 for most categories, but they may vary depending on the type of visa and the applicant’s country of origin. There may also be additional fees for specific immigration services, such as petitions or applications. Renewal fees may also vary depending on the type of visa and the country of origin.

20. Is it possible to renew a expired or expired-soon US work visa?


Yes, it is possible to renew an expired or expiring US work visa. However, depending on the type of visa and individual circumstance, the process can be complex and you may need the help of an immigration attorney.