USA Job Seeker Visa – How to Apply

There is no specific Job Seeker Visa provided in the United States, similar to what is being provided in Canada or Germany. This is a very important piece of information that tends to gag the highly-skilled foreign nationals who seek Visa Sponsorship Jobs USA.

The nearest Alternative The B-1 Visa to Job Search

The nearest operational equivalent of a USA Job Seeker Visa is the B-1 Temporary Business Visitor visa. It only allows the necessary business operations but strictly forbids employment.

B-1 Visa Acceptable Activities

The main objective of a B-1 visa holder should be to conduct business with the professional character which consists of:

• Networking Events: Going to professional conferences, conventions, and career fairs.
• Consulting: Consulting about business with associates.

Job Interviews In-person interviews with Sponsoring Employers in Silicon Valley Tech Jobs or New York Finance Jobs.

• Application Submission: Resume Drop off and the filing of form job applications.
• Contract Negotiation: B-1 status: Negotiations An Employment Contract (you cannot enter into an agreement creating a binding employment relationship).

The strict prohibitions of a B-1 Visa

Any significant activity that can be deemed work or a gainful employment is a crime and a violation of the visa:

• Doing Work: You can not begin working, even training or Unpaid Internship.
• Remote Work: You are not allowed to work remotely with any employer (U.S. or foreign) within the U.S. premises.
• Payments: You may not receive a pay or any other U.S. compensation for rendered services.

The B-1 Visa Application Process

• Apply for the visa: Fill the Online Nonimmigrant Visa Application, Form DS-160 correctly indicating your purpose of visit as, Business (job search).
• Our fees include the non-reimbursable application fee to the Department of State (DOS).
• Schedule Interview: Make your Consular Interview at a U.S. Embassy or Consulate.
• Provide Evidence of Reentry: This is the most important measure. You need to demonstrate strong connections with your home country (family, property, permanent employment, etc) to make the consular officer think that you are not applying the B-1 visa with the so-called immigrant intent (Dual Intent is usually not accepted with B-1 applicants).

H-1B Sponsorship Success HAssean Huston (The Ultimate Goal)

The legal prerequisite to work actually in the U.S. consists of an Employer Petition under a type of work visa, which is the H-1B Visa ( Specialty Occupation ). The B-1 visa is only the means to reach the interview which will result in the petition.

H-1B Visa Requirements

H-1B visa serves as the main source of the professional immigration of the U.S. and is usually aimed at professional positions such as Software Engineer H-1B and Data Scientist Sponsorship.

• Job Offer: A letter of Job offer by a United States employer.
• Specialty Occupation: The employment should demand a bachelors degree or more in a certain specialty (e.g. Engineering, IT, or Healthcare H-1B).
• Requirements: The foreign employee needs to have the necessary degree or its equivalent.

H-1B Lottery Process (Streamlined)

The process is a competitive and complicated one since demand is always higher than the supply (the annual H-1B Cap):

• Registration of the Employer: The Sponsoring Employers register the candidates electronically with the USCIS (U.S. Citizenship and Immigration Services) in a short period usually in March.
• Random Selection: The USCIS does a random H-1B Lottery selection (including another H-1B Master’s Cap, in case of U.S. Master’s degree holders).
• Petition Filing: The full Employer Petition (Form I-129) is only permitted to be filed by the select employers together with a certified Department of Labor Labor Condition Application (LCA).
• Start Date: The latest start date of a successful petition is October 1st (the beginning of the federal fiscal year).

Work Authorization Alternatives

Although the H-1B is the primary option, there are far superior options available to specialized professionals or students:

F-1 Optional Practical Training (OPT)

When you study at a U.S. university, you may receive F-1 Optional Practical Training (OPT) which permits you to legally work 12 months (or 36 months with the STEM OPT Extension in professional areas of relevance) upon graduation. This is the most appropriate moment to take H-1B sponsorship since you are already present physically and your stay is legal.

O-1 Visa (Extraordinary Ability)

The O-1 Visa permits direct self-sponsorship or easier employer-sponsorship of individuals who have national or international acclaim (e.g. the best researchers, artists who have received awards) without going to the lottery in the H-1B Visa Program.

E-3 Visa (Australian Nationals)

Australian nationals are granted an exclusive and yearly visa program and category, the E-3 Visa, which can be compared to the H-1B except that this visa category lacks a lottery and can be renewed indefinitely.

FAQs

Final Thoughts

The trick to acclimatizing to the employment environment within the U.S. lies on planning and accuracy. Understand that USA Job Seeker Visa is a myth. The truth is that it is a strategic exploitation of the B-1 Visa of Job Search in order to obtain the Employer Petition required to obtain a work-specific Visa such as the H-1B. Hire a good Immigration Lawyer USA as soon as possible so that you do not risk losing your opportunity to obtain Permanent Residency in the USA due to wrongful adherence to USCIS guidelines.

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Disclaimer

The article is informational and educative in nature and offers instructions on the nearest functional equivalents of a USA Job Seeker Visa and the work authorization procedures associated with it (B-1, H-1B and so on). The US immigration legislation is complicated and its changes are frequent by the USCIS and Department of State (DOS). Needs, charges and timeframes may vary at any time.