How to Apply for a U.S. Work Visa or Green Card

General Steps for Nonimmigrant Work Visas (e.g., H-1B, L-1)

These steps primarily apply when applying from outside the U.S. and require an employer sponsor.

1. Employer Files Petition with USCIS:
   • The process typically begins with your prospective U.S. employer filing a petition on your behalf with U.S. Citizenship and Immigration Services (USCIS).
   • Commonly uses Form I-129, Petition for a Nonimmigrant Worker, along with supporting documents proving the job offer, your qualifications, company details, and potentially Labor Condition Application (LCA) approval from the DOL (required for H-1B, E-3, H-1B1).
   • For H-1B, this includes participating in the annual registration/lottery if the cap is reached. For L-1, the employer must demonstrate the qualifying corporate relationship and your specific role (manager/executive or specialized knowledge).
   • Fee: Employer pays filing fees, which vary. Premium Processing (expedited review for an extra fee) may be available for some categories.
2. Petition Approval (or RFE/Denial):
   • USCIS reviews the petition. They might:
     • Approve it: Notification sent via Form I-797, Notice of Action. This approval does *not* grant the visa itself, but allows you to apply for it.
     • Issue a Request for Evidence (RFE): If more information or documentation is needed.
     • Deny it: If eligibility requirements are not met.
   • Track case status online via the receipt number on Form I-797.
3. Consular Processing (Visa Application Abroad):
   • Once the petition is approved (if required), you typically apply for the visa stamp at a U.S. embassy or consulate in your home country or country of residence.
   • Complete Online Application: Fill out the Online Nonimmigrant Visa Application (Form DS-160) accurately and thoroughly. Save the confirmation page with the barcode.
   • Upload Photo: Upload a recent digital photo meeting specific requirements during the DS-160 process.
   • Pay Visa Fee: Pay the non-refundable Machine Readable Visa (MRV) fee. Payment methods vary by consulate. Keep the receipt.
   • Schedule Appointments: Schedule necessary appointments, usually one for biometrics (fingerprints/photo) at a Visa Application Center (VAC) and one for the visa interview at the embassy/consulate. Procedures vary by country.
   • Attend Interview: Attend the visa interview. Be prepared to answer questions about your intended job, qualifications, ties to your home country, and plans in the U.S.
   • Required Documents for Interview (Typical): Valid passport, DS-160 confirmation page, visa fee payment receipt, interview appointment letter, approved petition receipt number (from Form I-797, if applicable), original degrees/certificates, employment offer letter, resume/CV, passport-style photos (if needed), and any other documents requested by the consulate (e.g., proof of ties to home country).
4. Visa Issuance & Entry:
   • If approved, the consular officer will keep your passport for visa stamping. It will be returned via courier or pickup.
   • Review the visa stamp carefully for accuracy (name, visa type, expiration date).
   • You can travel to the U.S. within the visa's validity period. Upon arrival, present your passport and visa to the CBP officer, who determines your admission and authorized period of stay (recorded on Form I-94).

General Steps for Employment-Based Green Cards (Common Categories)

This outlines the typical three-stage process for categories like EB-2 and EB-3 that usually require labor certification.

1. PERM Labor Certification (DOL):
   • Filed by the sponsoring U.S. employer with the Department of Labor (DOL).
   • Purpose: The employer must conduct specific recruitment efforts (job ads, postings) under DOL supervision to test the U.S. labor market and demonstrate that there are no able, willing, qualified, and available U.S. workers for the position offered at the required prevailing wage.
   • This stage establishes the "priority date" for the Green Card application if approved.
   • Processing times can take several months to over a year, depending on DOL workload and whether the case is audited.
   • Note: Some categories, like EB-1 and EB-2 NIW, bypass this step.
2. Form I-140, Immigrant Petition for Alien Worker (USCIS):
   • Filed by the employer with USCIS *after* PERM approval (or concurrently in some EB-1/NIW cases).
   • Purpose: Establishes that the job offer is genuine, the company has the financial ability to pay the offered wage, and the foreign national beneficiary meets the job qualifications.
   • Approval confirms the classification and priority date. Premium processing may be available.
3. Green Card Application (Final Stage):
   • This stage can only proceed once the priority date is "current" according to the Visa Bulletin for the specific category and country of chargeability.
   • Two paths exist:
     • Adjustment of Status (AOS) - Form I-485: If you are *legally inside the U.S.* in a valid status when your priority date is current, you may file Form I-485 with USCIS to adjust your status to LPR without leaving. This often allows you to apply concurrently for work authorization (EAD - Form I-765) and travel permission (Advance Parole - Form I-131). Involves biometrics, potentially an interview, and medical exam (Form I-693).
     • Consular Processing (CP): If you are *outside the U.S.*, or choose this path, your approved I-140 case goes to the National Visa Center (NVC). You'll pay fees, submit forms (like DS-260 Immigrant Visa Application), and civil documents (birth/marriage certificates, police clearances) to NVC. Once processed, your case moves to the U.S. embassy/consulate abroad for a medical exam and final immigrant visa interview. If approved, you receive an immigrant visa to enter the U.S. as an LPR.

Commonly Required Documents (Varies by Visa Type):

• Valid Passport (often needs 6+ months validity beyond intended stay)
• Visa Application Forms (e.g., DS-160, DS-260)
• Passport-Style Photographs (meeting specific requirements)
• Birth Certificate
• Marriage Certificate (if applicable)
• Police Clearance Certificates (for immigrant visas)
• Medical Examination Results (from authorized physicians)
• Proof of Financial Support (bank statements, affidavits of support)
• Proof of Educational Qualifications (degrees, transcripts)
• Proof of Work Experience (employment letters, resume)
• Employer Petition Approval Notice (e.g., Form I-797 for I-129 or I-140)
• Proof of Relationship (for family-based visas)
• Job Offer Letter (for employment-based visas)