The process for obtaining a work visa in the United States for a foreign national with specialized skills or advanced degrees typically involves several steps.
- Employer Sponsorship: The first step is for the employer to sponsor the foreign national for a work visa. This involves the employer submitting an application to the United States Citizenship and Immigration Services (USCIS) on behalf of the foreign national. The employer must also show that they have attempted to fill the position with a qualified US worker before sponsoring the foreign national.
- Labor Certification: If the position is classified as a "labor certification" job, the employer must obtain a certification from the Department of Labor (DOL) before submitting the application to USCIS. The certification process ensures that there are no US workers who are able, willing, qualified, and available to perform the job.
- USCIS Application: Once the employer has obtained a labor certification (if required), they must submit an application to USCIS on behalf of the foreign national. The application must include proof that the foreign national has the requisite skills, education, and experience for the job.
- Visa Interview: If USCIS approves the application, the foreign national must schedule a visa interview at a US embassy or consulate in their home country.
- Visa Issuance: If the visa interview is successful, the foreign national will receive a visa that allows them to work in the United States.
It is important to note that the process for obtaining a work visa can be complex and time-consuming, and there are many potential limitations and exceptions depending on the specific circumstances of each case. It is recommended that foreign nationals seeking to obtain a work visa consult with an experienced immigration attorney to ensure that they follow the correct procedures and have the best chance of success.
By
