Last modified 09/16/2023
Information to legally work in the United States of America :
The only way of legally working in the United States of America, is through the work visas, which, at the same time, depend in the sponsorship of American companies before the Immigration Service.
H – 1B Visa, H – 2B Visa, J – 1 Visa, Permanent Residency Card or Green Card, Au Pair, Work & Travel, Foreign Medical Program.
All the information agrees that in order to work in the United States of America, people must immigrate legally with non – immigrant visas (H – 1B Visa for Temporal Professional Workers, H – 2B Visa for Temporal Non – Professional Workers, J – 1 Visa for Educational and Cultural Exchange) or with a Permanent Residency Card (Green Card). It is not possible to work with a visitor’s or a student’s visa (unless the immigrant has been authorized by the Immigration Service).
Accessing to an H – 1B Visa for Temporal Professional Workers, means having an American company as a sponsor, and this company must have register in the Employment Department and in the Immigration Service, a formal job offer, which only becomes valid after fulfilling the requirements shown in the migratory laws.
The requirements for accessing to the H – 1B Visa for Temporal Professional Worker, means that the job position offered to the immigrant, has been previously offered to a North American citizen or to a permanent resident, and that they have not taken it. Besides, the offered salary must be among the standard of salaries in the market. The initial duration is of three years, with the possibility to extend it, once, for up to three more years. The North American Government provides 65 000 visas.
For the H – 2B Visa for Temporal Non – Professional Workers, an American company must sponsor the worker, showing that the offer is temporal and that, once the working period is over, the immigrant will return to his or her country of origin. The initial duration is for up to a year, with chances to extend that period for up to two times in a row, one per year. The North American Government provides 66 000 visas.
The H – 3 Visa for Temporal Worker Training, is intended for people that are going to be receiving working training for an American company, and which cannot be performed in their country of origin. It lasts for up to two years, and they have the chance of been extended for up to two years. There is no limit for the expedition of these visas.
J – 1 Visa for Educational and Cultural Exchange is given to people who are sponsored by schools, businesses and other institutions, which constitute learning and working programs in most cases. Its duration goes according to the program that has been previously established.
Some programs that correspond to the J – 1 Visa of Educational and Cultural Exchange are the Work & Travel Summer Program, which is exclusively intended to students from colleges, who want to work during their vacations in the United States of America for a period of 4 months; the Au Pair Program, intended for young people who are older than 18 years old, but younger than 26 years old, so in a period of 12 months they develop childcare services and in their free time, they can study. There is also the Foreign Medical Program, intended to medical professional, so they can improve and update their knowledge in colleges or scientific institutions.
There is also necessary to point out that whoever wishes to migrate to the United States of America to work, must be prepared to speak a read properly in English, so he or she can have certifications in the command of the language, because this command will allow them accessing to better employment opportunities, which will come with better salaries.
The one who has the professional certificates must find out if his or her profession needs to be revalidated or standardize it to be able to practice it. You do not need to be in the United States to revalidate it.
Summing up, to legally work in the United States of America, it is necessary that the immigrant is prepared in the command of English, certifies his or her profession, and gets a job position sponsored by an American company.