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Writer's pictureAdrian Au

How can you obtain a working visa to work in New York

Let’s be honest here. How many of you have family or friends living in

New York City, who boast about their routine life on social media monthly? I

have tonnes of them and I find myself yearning to live in one of the world’s

busiest cities engulfed by the sight of tall skyscrapers, glaring humongous LED

screens at every corner, the fleet of yellow cabs, and gazillion people being on

the move constantly. Finally, one random day after a sudden gush of

motivation, I started my research to collect data and information on the

relocation details needed to migrate and work in New York. You may agree

that the most tedious part of this challenge would be learning all about the

necessary job visa needed as this is the utmost priority one has to have to even

be permitted in and allowed to work in America. To save you time and effort,

I’ve shared my findings in the hopes that they would benefit you in some way.

What are we waiting for? Let’s get started via a series of FAQs!


What is a Visa?

I know that most of you will find this question ridiculous, but let’s start from

the basics and work our way up to ensure clarity for everyone. A visa is issued

by the U.S. Embassy or Consulate and it entitles the holder to travel to the

United States and apply for admission but it does not guarantee entry. There

will be immigration officials at the point of entry to determine the visa holder’s

eligibility for admission into the United States.

The purpose of your intended travel and other facts will determine what type

of visa is required under U.S. immigration law. As a visa applicant, you will

need to establish that you meet all requirements to receive the category of

visa for which you are applying and in this article, I will try my best to guide you

specifically through the process involving job visa


Who Needs a Visa?

Anyone who is not eligible to enter the United States visa-free under the Visa

Waiver Program (VWP), or is not a citizen of Canada or Bermuda.


What are the visas available for me to enter the US?

There are multiple visa options available in general. The 2 major visa types

would be Immigrant and Non-Immigrant. The list below consists of these 2 and

their sub-visa types.


Immigrant visa

An immigrant visa allows the applicant to not only visit but also to seek

employment and be a permanent resident in the US. To apply for an immigrant

visa, a foreign citizen seeking to immigrate generally must be sponsored by a

U.S. citizen or lawful permanent resident immediate relative(s), or prospective

U.S. employer, and have an approved petition before applying for an

immigrant visa. The sponsor begins the process by filing a petition on the

foreign citizen’s behalf with U.S. Citizenship and Immigration Services (USCIS).

Once the petition is signed, they apply for an immigrant visa. If the USCIS does

not have a physical presence in the location where a petition needs to be

signed, then the applicant must file form I-130 with the USCIS Chicago lockbox

through the mail.


Applicants pursuing an immigrant visa need to undergo certain medical

examinations as well. The examinations need to be carried out by a panel of

approved physicians and the consulate will provide further instructions on how

to book the appointment. On the whole, this visa type is “special” and not the

common ones people pursue. Further breakdown as below;


Immigrant Visas

· Family Immigration

· Fiancé(e) Visas

· Employment

· Special Immigrants

· Returning Resident Visas

· Diversity Visa Program


A non-immigrant visa is a much more common route taken by most people and

it has wide coverage right from recreational visits to medical visits to business

visits and is even applied when continuing further studies in America.

Visa Types for Temporary Admittance:

· Business

· Tourist/visitor

· Border Crossing Card - Mexican Travelers

· Exchange Visitors

· Students

· Temporary Workers

· Media and Journalists

· Mexican and Canadian NAFTA Professional Worker


What about a work visa?

There are around 11 work visa subtypes and you need to first learn which work

visa subtype you would fall into. For example, Visa H1B is for a person with a

speciality occupation and visa type L1 is for intra-company transfer. Next, let’s

do a quick recap. Someone who wishes to work in America needs to have

either a non-immigrant visa for temporary stay or an immigrant visa for

permanent residence. However, both of them require your prospective

employer to first file a petition with the USCIS as a part of your job sponsorship

visa. An approved petition is required to apply for a work visa and this is the

2nd step toward your work visa to enter the US. The Petition for a

Nonimmigrant Worker, Form I-129, must be filed on your behalf by a

prospective employer and be approved by USCIS. Once the petition is

approved, USCIS will send your prospective employer a Notice of Action, Form

I-797.


What’s the 3rd step for a job visa?

So, you know what major visa category you’re in and following that, you’ve

learnt which subtype you suppose to pursue as well. And your future employer

in vibrant New York City has filed the job sponsorship petition and obtained

the notice for you to proceed further. What next? Before we proceed further,

just a quick disclaimer note. The order of these steps and tips on how you

complete them may vary at the U.S. Embassy or Consulate depending on your

origin country. Please consult the embassy or consulate website for further

clarification. Now, for the non-immigrant temporary work visa, you would go

on to fill out the online form, Form DS-160 and subsequently attend an

interview at the embassy or consulate. The age group required to attend the

interview would be 14-79 years. Waiting time for the appointment heavily

depends on the current country you’re in as well as the workload and staffing

of your embassy then. For example, if you’re based in London, it was stated

initially that the appointment waiting time for a work visa was around 5 to 7

days. Post-pandemic, there are severe disruptions to this workflow so expect a

longer period of waiting for your appointment time. Hence, meticulous

planning and organization are required right from the beginning of your job

visa journey.


What’s next, please?

Preparing and attending your interview would be the next crucial step. You

would need to prepare a whole bunch of important documents to be reviewed

and submitted during your interview. These include passports, forms, receipts,

photos, and socioeconomic status. During your visa interview, you will be

chatting(or more like grilled by) a consular officer where you would be asked

about your visa type, employer, work nature, and long-term plans. Your

documents will be cross-checked and ink-free, and digital fingerprint scans will

be taken as part of your application process. On the whole, it is like any other

interview but a thousand times scarier(Just kidding!)


Are we on the 5th or 6th step?

It doesn’t matter as you’re now entering the bittersweet part of waiting for the

results of your interview. The usual administrative process takes over to sort

out all the details you’ve submitted and you will be informed of the outcome,

once again, depending on where you’re from. Quoting London again, it is

estimated that it would take 21 to 30 days to process your visa. Congrats on

your job visa approval! And if it is rejected, fret not as you will be notified of

the next course of action you may take.


Can we talk about the money involved?

Sure! The cost involved for a temporary non-immigrant work visa starts at USD

160 and there will be an additional cost depending on your specific

requirements. As you go through the application process, you will be briefed

about each payment needed and do remember to safeguard all your proof of

payment to smoothen the whole proceeding.


Can I work without a visa?

Technically nope! But there are some special cases where you may enter

America and start settling down even before having a secure post. I’m referring

to the Visa-Waiver Program. This program enables most citizens or nationals of

certain participating countries to travel to the United States for tourism or

business for 90 days or less without obtaining a visa but you are not allowed to

work. Travellers must have a valid Electronic System for Travel Authorization

(ESTA) approval before travel. If you’re eligible for this method, do carry on

staying and searching for your dream job within 90 days. On the other hand,

no US visa talk is complete without mentioning the Green Card. A green card

which is the permanent resident equivalent can be obtained via various

methods and what it does is provide you official immigration status in the

United States and entitles you to certain rights and responsibilities.


Ok, I’m officially overwhelmed!

Yes, I can see that and hopefully in a good way! Migrating to the sleepless New

York City for your dream job is worth every risk you’re about to take. Go for it

and thank me later. There are a few links where you can get further rock-solid

information (other than what I provided extensively above). Have fun!


1. https://travel.state.gov/content/travel/en/us-

visas/employment/temporary-worker-visas.html


2. https://www.uscis.gov/working-in-the-united-states

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