The landscape of entry visas for the United States is as vast as it is complex: each one has specific requirements and specific purposes, and it is essential to know the different types of visas in order to choose the one that best suits your needs and goals.
The wrong choice of visa could slow down your plans to enter the U.S., but also result in legal complications or the need to repeat the entire bureaucratic process.
In this article we will look at the main work visas for the United States, providing detailed information on the process of obtaining them and practical tips for maximizing opportunities and reducing the risks associated with bureaucratic errors.
U.S. entry visas: difference between tourist visas and work visas
When planning a trip or relocation to the United States, it is critical to understand the difference between tourist visas and work visas.
You need to make this distinction as it defines the type of activities you can engage in during your stay in the US.
- Tourist visas (e.g. ESTA -Electronic System for Travel Authorization- which replaced the I-94, the paper visa used to be filled out on airplanes): ideal for short stays related to tourism, family visits or non-work activities. With a tourist visa, you are not allowed to work or earn income in the United States. ESTA, for example, is a quick and simplified procedure for leisure or business travelers for up to 90 days and is valid for 2 years from the time of application (which you can do by clicking here).
- Work visas: necessary for those who wish to pursue a professional activity in the United States. There are different types of work visas, each designed to meet specific needs, such as choosing to open a company to expand your business in the United States.
Choosing the right visa is a strategic issue. Each visa category has particular requirements, advantages and limitations, and careful selection can make the difference between the success and failure of your project.
The main work visas for the United States
Entering the U.S. market requires a clear business strategy and proper bureaucratic planning. Work visas are critical for those planning to build a career or start a project in the United States. The main categories of work visas include:
- H1B Visa: designed for skilled professionals in technical and academic fields.
- L1 Visa: suitable for employees of multinational companies relocated to U.S. subsidiaries.
- J1 Visa: ideal for internships, cultural exchanges or training programs.
- O1 Visa: reserved for individuals with internationally recognized skills.
- E2 Visa: aimed at foreign investors who want to start or run a business in the US.
Business visas are many, but which one do you need to expand your business in the United States?
The most relevant work visas for business and exports to the U.S.
If your goal is to expand your business in the U.S. or initiate export operations, there are work visas particularly suited to business and entrepreneurial needs. Among these, the following solutions stand out:
- E2 Visa: specifically for investors who wish to start a business in the US. It is particularly useful for setting up a local facility to handle import-export operations or a U.S. subsidiary to support sales and distribution.
- L1 Visa: ideal for companies already active in Italy that intend to transfer employees to the United States to start or manage a U.S. subsidiary. This visa is useful to ensure business continuity during international expansion.
- H1B Visa : useful for hiring qualified professionals with technical skills needed to develop and manage export operations.
How to obtain a work visa for the United States.
Obtaining a work visa for the United States but requires careful preparation and documentation because each type of visa has specific requirements that must be met.
Let’s have a look together at the key aspects to consider in the application process.
General requirements for applying for a U.S. work visa.
Most work visas require that you have a job offer from a U.S. employer or a company sponsoring your application. Some visas, such as the H1B, require you to have specific skills in technical or vocational fields, while others, such as the J1, may be for those participating in cultural exchange programs or internships.
In general, you must demonstrate that your stay in the United States will be temporary and that you intend to return to your home country once your employment or program is over. Some visas, such as the E2, also require a significant investment in an economic activity in the United States.
Documentation required to obtain a work visa for the U.S.
Required documentation varies depending on the type of visa, but generally includes:
- A job offer letter or contract with a U.S. employer
- Evidence of your qualifications, such as a resume, certificates of education, and any professional licenses
- Documents demonstrating your work experience in the field of interest
- Evidence of financial support, if required (e.g., in the case of an investor visa)
- Payment of application fees and other administrative costs, if any
Role of attorneys specializing in U.S. visas
The U.S. immigration system is complex, which is why it is important to rely on a specialized U.S. visa attorney, or “Visa Lawyer,” to properly guide you through the process of gathering documentation, filling out applications, and communicating with the relevant authorities.
The importance of legal support cannot be underestimated: a mistake in applying for a visa can cause delays, rejections, or legal complications that could jeopardize your entry into the U.S. market.
However, even in this case-as is the case with FDA Registration-the U.S. government offers the possibility of being autonomous in applying for a visa by starting from the State Department’s site dedicated to electronic completion of the application known as FORM DS-160 and from which you can access the complete list of available visa categories and types
The corporate sponsorship process for working in the U.S.
A key aspect of obtaining a work visa in the United States is corporate sponsorship , which is support from an American employer or company.
It is a mandatory process for some types of visas, such as the H1B, and involves official approval of the application by the company that intends to hire the worker. Let’s look below at what exactly corporate sponsorship entails.
What it means to be sponsored by an American company.
Being sponsored by a U.S. company means that the employer takes charge of the visa application on behalf of the worker.
Basically, the company provides the necessary documentation to prove that the worker is qualified for the proposed role and that there are no U.S. candidates with the same qualifications for that job.
Corporate sponsorship is a prerequisite for obtaining visas such as H1B or L1, and the employer agrees to support the entire bureaucratic process.
Mandatory procedures for corporate sponsors in the U.S.
To become a sponsor of a foreign worker, companies must follow a number of mandatory steps.
First, the company must prove that there are no U.S. workers capable of filling the role in question by publishing an ad in the labor market describing the skills required and the position to be filled. The ad must be published in local newspapers or online platforms to ensure that the job is also accessible to U.S. residents.
Next, the company submits the petition to the Department of Labor or the U.S. Immigration and Naturalization Service (USCIS) for approval. In the case of investor visas or corporate relocations (such as E2 or L1), companies must also demonstrate economic soundness and legitimacy of business activity.
Corporation filing and the role of ads in the U.S. labor market
An important part of the sponsorship process involves corporation filing: for some visas, such as the E2, a company must be registered in the U.S., and for other visas such as the H1B, the sponsoring company must be formally incorporated and operating. In addition, filing involves complying with U.S. laws and handling tax and legal paperwork to keep the company in compliance with U.S. regulations.
Labor market advertisements are a key step: the employer must demonstrate that although it is seeking to hire a foreign person, there were no qualified candidates among U.S. residents. It is a carefully monitored process to avoid hiring foreign workers in industries where there are abundant opportunities for U.S. citizens.
The role of SSN and EAD in obtaining a U.S. work visa
When obtaining a U.S. work visa, it is essential to obtain two key documents to be able to work legally and live in the U.S.: the Social Security Number (SSN) and the Employment Authorization Document (EAD).
These two instruments are necessary to integrate into the U.S. tax and work system and are often mandatory steps to begin working legally in the country.
Why the SSN and EAD are essential for working in the U.S.
The Social Security Number (SSN) is an identification number assigned to all citizens and permanent residents of the United States, but it is also required for temporary workers or those on work visas.
The SSN is used to track earnings, pay income taxes and access various social benefits.
It is also essential for opening bank accounts, signing contracts and making tax returns in the United States. In fact, without the SSN, it is difficult to access these services and remain tax compliant.
The Employment Authorization Document (EAD), on the other hand, is the permit that allows an individual to work legally in the United States for a specific period.
It is an especially important document for those who are not U.S. citizens but have a visa that allows them to work in the country.
The EAD is issued by the U.S. Citizenship and Immigration Services (USCIS) and clearly indicates the period during which the visa holder may work.
Frequently asked questions about U.S. work visas
Obtaining a work visa for the United States is a process that raises many questions, especially for those facing it for the first time.
We have collected some of the most common questions that people ask themselves and us during the application process, with helpful answers to clarify doubts and facilitate planning.
What are the waiting times for obtaining a U.S. work visa?
Wait times for obtaining a U.S. work visa can vary depending on the type of visa, the complexity of the case, and the availability of U.S. embassies or consulates in your country of residence. On average, visas such as the H1B take several months to be approved, while for other visas, such as the L1, wait times can be shorter. It is always advisable to start the application well in advance, including considering any bureaucratic delays or requests for additional documentation.
Is it possible to convert a tourist visa to a U.S. work visa?
In general, you cannot directly convert a tourist visa (such as ESTA or B1/B2) into a work visa once you are in the United States. Tourist visas are intended for short stays for tourism or business, but do not allow work activity. If you wish to change from a tourist visa to a work visa, you will need to reapply with USCIS and meet all the specific requirements of the work visa you intend to apply for. This may involve leaving the United States temporarily to start the application process from your home country.
Can I bring my family on a U.S. work visa?
Most U.S. work visas allow you to bring immediate family members, such as your spouse and minor children. For example, if you get an H1B visa, your spouse and children can apply for an H-4 visa, which allows them to live in the United States during your stay. However, it is important to know that your spouse will not automatically have the right to work unless they obtain a separate permit, such as EAD, which allows them to work. Minor children, on the other hand, can attend school but cannot work until they reach the age of majority. The family reunification process may require additional time and documentation.
Entry to the U.S.: how to expedite procedures at the airport
Once a work visa for the United States has been obtained, another important step is going through immigration and customs on arrival at the airport.
This step can be long and stressful, especially in large cities with crowded airports. However, there are solutions that allow you to speed up the process and reduce your waiting time.
You can download the Mobile Passport Control (MPC) app.
Global Entry program: how to enroll and speed up entry to the U.S.
One way to speed up entry into the United States is to enroll in the Global Entry program, which allows approved travelers to skip the long lines at customs and go through an expedited pre-approval process.
The program is especially useful for frequent travelers or those with valid work visas who want to avoid airport delays. With Global Entry, entry into the United States is done quickly and smoothly using the automated entry stations.
To enroll in the program, you must submit an online application, attend an in-person interview, and provide fingerprints. Once approved, your profile will be associated with the expedited screening system at U.S. airports.
Want to find out which work visa is right for you? Contact us for a personalized consultation and start your project in the US!
