Why Seek a Work Visa of the USA?

The US Tourist Visa (B-1/B-2) is a non-immigrant US Visa. Its validity period ranges from 1 month to 10 years and allows single, double or multiples entries to the US. The period of stay which is a maximum of 6 months is recorded by the Customs and Border Protection officer. This is at the entry port on the Form I-94 of the Visa holder.

The validity period specifies the time period for which the Visa can be used to arrive in the US. The period of stay specifies the duration for which an individual can remain in the US after every single entry.

The exact processing times for a US Tourist Visa vary and are an approximation that can change at any time. Processing times cannot be guaranteed. Non-refundable reservations and tickets must not be bought till the time you obtain all the Passports and Visas.

The holiday seasons have high travel volume. The processing times for Consulates such as the Houston are at least 3 weeks.

General Processing Times

• It will take approximately 3 to 5 working days if the application is made in person
• For PIOs and US nationals requiring reference and all non-US nationals, it will take minimum 1 or 2 weeks for processing
• For all applications that require prior reference check, the processing time for the reference check alone is minimum 1 week
• You will have to add the transit and mailing time both ways when you apply by mail like courier or post

Each immigrant Visa case is unique and so it is tough to estimate the exact processing times of the individual cases. Generally, there are 3 factors that influence the required processing times:

• The time needed to process an application
• Time taken for processing through the Consulate and National Visa Centre
• Time taken for the case to become current

Officially, there is no limit for the money to be shown for the US Tourist Visa. Any amount that can validate the overall expenses for your US trip must be adequate. This includes to and fro air tickets, medical insurance, boarding, lodging, shopping, etc. It is keeping in mind the duration and purpose of the trip. The higher the amount, the better.

For example, it can be estimated that the cost for a 15-day tour for one person can be around 5000 to 6000 USD. So the equivalent amount of money must be present in your or your sponsor’s bank.

The mandatory documents needed for the US Tourist Visa are:

• An original passport that has a validity of minimum 6 months after the likely arrival date in the US
• All expired passports
• 1 photograph for every specification, both hard and digital copy is needed
• Confirmation page of the DS – 160 US Visa application form stamped at the VAC – Visa Application Centre
• Valid fee payment receipt
• Printout of the appointment letter for US Visa interview

Applicants of US Tourist Visa must demonstrate that they are eligible as per the provisions of the Immigration and Nationality Act. The law’s presumption is that every applicant of a Visitor/Tourist Visa is an intending migrant. Thus, the applicants of this Visa have to overcome this presumption.

Applicants have to demonstrate that they have a home in their nation of origin and they do not intend to abandon it. They must also prove that their intention is to arrive at the US for a limited and specified purpose. The purpose of their tour is to enter the US for medical treatment, tourism, or business.

Applicants must meet the following requirements:

• They must prove that their visit will be temporary
• They must indicate their intention to return to their home country at the end of their stay (or any extension)
• They must have a valid foreign passport
• They should have a residence abroad where they intend to return
• They should have enough funds to support themselves financially while in the country

If your B-2 visa is valid, you can still use it even if you have an expired passport. Do not remove it from your passport. You can still use the visa in your expired passport with your new passport when you want to visit the United States.

Since the D visa does not allow you to stay in the U.S, there are several restrictions which you will have to follow with the D visa, you cannot:

• Stay in the U.S for more than the designated time.
• Study in the U.S.
• Find employment in the U.S.
• Extend the D visa.
• Adjust or change the status of the D visa.
• Apply for a Green Card with a D visa.
• Work for another company except the vessel or airline you were in
• Enter and leave the U.S from different dock or airport
• Do longshore work on a D visa
• Re-enter the U.S within 6 months

This is a short duration visa. The visa is valid for a period of a maximum of 29 days or until the date of departure from the U.S whichever is earlier.

The following table lists the most appropriate work visa in the USA, depending on your job:-

As a UK citizen, the requirements depend on the type of work visa you apply for to get a Work Visa in the USA. As a highly skilled worker, you better opt for the H1B visa, which requires a USA-based sponsor/employer and a conformed job offer in a ‘specialty occupation’ role. However, your H1B visa approval depends’ on a lottery.

Note that the USA offers many types of work visas. You can also apply for an L1 visa if you are an employee of an overseas or UK-based company transferring you to a new USA branch or subsidiary. Your L1 visa application may have a higher rate of approval as the USA-based employer has prior approval for intra-company transfers from the government of the USA.

You automatically qualify for the visa waiver program if you are a UK citizen and plan to visit a country that is part of the Visa Waiver Program (VWP), like the USA. All you need is to possess a machine-readable UK passport, a document to show you are traveling to the USA for temporary business, or a tourist visit spanning less than 90 days.

Also, you need to meet all other program requirements and have authorization under the Electronic System for Travel Authorization (ESTA). You also need to pay a USD 14 fee for ESTA registration. You can pay the fee online using any approved debit card or credit card. Note that if you are a UK Permanent Resident only, you do not qualify for a visit to the USA under the VWP.

As a UK citizen, if you have not obtained approval under ESTA, most likely you will be denied permission to board any airliner bound for the USA. Even if, by chance, you are allowed to board an USA-bound airliner, you can encounter significant delays and even possible denial of admission into the USA, at the port of entry i.e., the arrival airport. Please get ESTA registration under VWP, as a UK citizen as that only takes a few minutes to fill, and the authorization is received even quicker in seconds.

ESTA registration under VWP is valid for up to 2 years unless your UK passport expires within that period. In such cases, the ESTA validity for travel to the USA is limited only till the time your UK passport is valid.

As a UK citizen, you can live and work permanently in the USA, but only with a ‘Green Card.’ Note that the ‘Green Card’ is the only legal licence you have to work and live in the USA as a permanent resident. The green card lets you become a Permanent Resident visa holder of the USA.

If you want to enter the USA to live and work, it is very important for you that you apply for the correct type of visa to travel to the USA. The right kind of visa will depend on your stay tenure and reason for traveling to the USA. This can then be converted into a PR visa or ‘Green Card.’ Not all visas allow you to get a Green Card in the USA.

The process of getting a PR visa in the USA or a ‘Green Card’ can be, at times, very complicated as well as time-consuming. You must fulfill several requirements, including stringent health and security screenings. As a UK national wanting to live and work in the USA permanently, you can opt for the:-

a. Family Sponsorship

b. Diversity Visa Lottery

c. Employment-based immigration

The validity of your work visa to the USA relates only to the time you can travel to the USA and get admitted to the country. It does not indicate how long you can stay in the USA. However, it allows you to make multiple separate entries into the USA over a period to live and work.

US customs officials at the port of entry will grant you entry into the USA. This will be done by providing you with an electronic record of your arrival date and category of your admission. It will be followed by advice on the permitted duration of your stay in the USA.

This advice depends on the nature of the visa you applied for and the work you plan to undertake in the USA. For instance, if you are granted an O-status on arrival, the total duration of your stay in the USA with a work visa depends on the time you need to execute a work as required by your petitioner USA employer.

It is possible to extend your non-immigrant work visa, even indefinitely. This depends on the category of visa you applied for and your ability to continue to execute the work as required by your petitioning USA employer. For instance, if granted an H1B status, you can work and live in the USA for 3 years. The subsequent extensions will be provided as required to ensure your stay in the USA under an H1B work visa doesn’t go beyond 6 years.