The Ultimate Guide on how to apply for a Visa in the USA

Whether you're job hunting or studying in the USA, this guide is for you. We're here to make the American visa system less overwhelming. This blog will focus on common work and student visas, explaining their requirements. And we aim to help you get comfortable with the application process. By the end, you'll find the visa that fits your needs.

Work Visa

There are two types of work visas: permanent and temporary. The permanent work visa is special, allowing you to live and work permanently in the USA. But it has high requirements. Temporary visas grant you at most 10 years to stay in the USA. And there are 21 types, each highly categorized.

Another way to move to the USA is through a student visa. There are two types: F-1 visas for academic students and M-1 visas for vocational students. The F-1 visa includes a one-year temporary work visa, known as Optional Practical Training (OPT).

Permanent Work Visa

There are around 140,000 permanent work visas available each year, divided into five types. They require exceptional skills, advanced degrees, specific jobs, or investment. Among them, E3 is the most achievable permanent work visa.

Employment First Preference (E1): Priority Worker and Persons of Extraordinary Ability

• Examples include individuals with skills in sciences, arts, education, business, or athletics.

• It also covers outstanding professors, researchers, and multinational managers or executives.

Employment Second Preference (E2): Professionals Holding Advanced Degrees and Persons of Exceptional Ability

• Advanced degree means you have a higher degree than a bachelor's. Or a bachelor's degree plus at least five years of professional experience

• Exceptional ability means having extraordinary expertise in the sciences, arts, or business.

Employment Third Preference (E3): Skilled Workers, Professionals, and Unskilled Workers (Other Workers)

• Skilled workers need over 2 years of work experience, not temporary or seasonal.

• Professionals require at least a bachelor's degree.

• Unskilled workers have less than two years of experience, not temporary or seasonal.

E3, compared to E1 & E2, is a more achievable permanent work visa. E3 comprises 28.6% quota of the overall permanent work visa. Plus, any unused visa quotas from the E1 & E2 will be passed on to E3.

Employment Fourth Preference (E4): Certain Special Immigrants

• Includes religious workers, employees of U.S. foreign service posts, retired employees of international organizations, etc.

Employment Fifth Preference (E5): Immigrant Investors

• Investors can get a permanent U.S. green card by investing either $1.8 million. Or investing $900,000 (in specific areas) in a new business that hires at least 10 full-time U.S. workers.

Note: Getting a green card is not guaranteed for EB-5 investors. It depends on creating at least 10 jobs with the invested money.

Temporary Work Visas

H-1B visa (Person in Specialty Occupation)

The H-1B visa is a common temporary work visa. It requires at least a Bachelor’s degree and specialized knowledge. The main idea behind H-1B is to help employers who can't find the right talents in the USA so they can bring in skilled workers from other countries. In 2024, there's a cap of 65,000 visas, plus 20,000 for U.S. master's degree holders. H-1B applicants must enter a lottery with a low 14.6% pass rate. H-1B visa applications period is from March 1 to March 17.

L-1 Visa (Intracompany Transferee)

The L-1 visa is for professionals in managerial, executive roles or with specialized knowledge, hired by a U.S. employer. Individual must have been employed by the same employer abroad continuously for 1 year within the three preceding years.

The main goal is to move these professionals from offices in other countries to the US. To qualify, the person must have worked for the same employer abroad for one year continuously within the three years before applying.

E-2 Visa (Treaty Investor)

E-2 visas are for investors from countries that have special agreements with the US. Investors come to the U.S. to engage in substantial trade. Here are the key requirements of the applicants:

• Own 50% of a real operating business, rather than a paper organization

• Make a substantial investment

• Generate significant income

• The business must be a real operating enterprise

Tips to Find a Job with H-1B Visa Sponsorship

For official data, you can explore the H-1B Employer Data Hub provided by USCIS (United States Citizenship and Immigration Services). It covers data from 2009 to 2023. It allows you to identify companies that sponsor H-1B visas in your location and industry.

If you're looking for specific or recent job opportunities, search for "h1b visa sponsorship jobs" on online job boards. Platforms like Indeed or LinkedIn often have listings from employers willing to sponsor H-1B visas.

Student Visa

There are two main types of student visas: F-1 for academic students and M-1 for vocational students. The F-1 visa includes an additional temporary work visa called Optional Practical Training (OPT) for one year.

For F-1 students interested in working in the US, OPT provides extra time to secure a job with a company willing to sponsor your work visa. Eligible students can apply for up to 12 months of OPT. Either before completing their academic studies (pre-completion) or after completion (post-completion).

Pre-completion OPT has some limitations, requiring enrollment in specific F-1 student programs. It also affects post-completion OPT. For instance, if you've already had 1 year of part-time (20 hours per week) pre-completion OPT, the available time for OPT afterward is reduced by 6 months. That leaves you with 6 months for post-completion OPT. However, STEM students can extend their post-completion OPT for an additional 24 months.

How to Apply for Work & Student Visas

For employees, your employer usually takes care of Steps 1 and 2. But it's good for you to know a bit about what's going on behind the scenes. Students can fast forward to step 4.

Step 1: Employer Petition Filing

For permanent work visas like E3, the employer submits Form I-140 (Immigrant Petition for Alien Worker) to USCIS.

For temporary work visas like H1B, the employer submits Form I-129 (Immigrant Petition for Nonimmigrant Worker) to USCIS.

Step 2: USCIS (United States Citizenship and Immigration Services) Approval

If USCIS approves the petition, they send a Notice of Approval (I-797) to you.

For visa processing outside the U.S., the approved petition is sent to the National Visa Center (NVC).

Step 3: Visa Pre-processing by NVC (National Visa Center)

Once NVC approves, they notify you to begin visa pre-processing.

Submit your fees, forms, and supporting documents to NVC for case review.

Step 4: Complete The Online Visa Application

Begin by submitting Form DS-160 for non-immigrants (students and temporary workers) or DS-260 for immigrants (permanent workers).

What is Form DS-160?

• Online Visa Application form for Non-immigrants, such as student & temporary workers

What do you need to complete your DS-160?

• Passport

• Travel itinerary

• Dates of your last five visits or trips to the United States

• Résumé or Curriculum Vitae

What is Form DS-260?

• Online Visa Application form for Immigrants, such as permanent workers

What do you need to complete DS-260?

• Your NVC Case Number

• Your Invoice I.D. number

Step 5: Visa Interview

After the NVC confirms your application, they arrange your interview appointment. Usually, the interview is scheduled within three months after the NVC accepts all your required documents. Check the list for required documents based on your home country and visa type.

Next up, you will attend the interview at the U.S. Embassy or Consulate. An officer will assess your eligibility for an immigrant visa. After the interview, you will have to wait for a result from the embassy before beginning to plan for your new life in the USA.

So get started on the first steps for your new life in the USA by applying for the most relevant Visa for you. Once you start your new life in the USA, Ding is here to help loved ones stay connected with you and the world around them. Instantly send a loved one a mobile top-up or gift card from anywhere in the world with Ding today.