Labor migration in 2021, rules for obtaining a work visa

The United States of America occupies a leading position in the world economy. This is where large financial resources and opportunities are concentrated. Many people have thought about using their knowledge and skills in foreign countries. How to get a work visa to the USA and realize your ambitions in work?

Panoramic view of skyscrapers and the Miami coastline

Obtaining a work visa to the USA will require you to spend a lot of time, money and effort. The main thing is to be patient.

Types of work visas in the USA

To be granted the right to work in America, you must obtain a certain category of visa:

• The H-1B, the so-called “standard” visa, is offered to workers in a specific occupation. A diploma of at least a bachelor's degree or equivalent is required. This visa is valid for 2 years and allows you to extend it in America. At the end of the period, a Green Card will be issued (for the purpose of further residence), provided that the employer submits an application.
• H-2B is issued to those wishing to perform temporary seasonal work (excluding agriculture). This visa is valid for 1 year. To extend it, the American employer must obtain special approval from the government.
• The H-2A visa is available to seasonal agricultural workers.
• H-1C is given to junior medical personnel due to the shortage of medical personnel.
• The long-term extendable L1 visa applies to foreign businessmen or employees of a US company. The goal of the first is the need to develop business. The purpose of the second is a transfer with a promotion within one company.

American h-1b work visa sample

The application must be submitted 3 months before the start of work.

• The O visa is available to individuals with outstanding abilities in the fields of science, art, sports, business, education, film and television. The level of recognition of such individuals is both national and international.
• P-1 is open to athletes or entertainment participants with worldwide recognition to participate in competitions.
• The P-2 visa is issued to artists or entertainment workers to participate in the mutual labor exchange program between countries.
• The P-3 is an entertainer and industry visa designed to perform, teach, or train in a unique music and theater program.
• A Q-1 work permit is issued to participants in an international cultural exchange program for the purpose of practical training and work.

This is what an O1 visa looks like in the USA

Main types of visas

Let's consider what types of permits exist currently. Visa classification differs depending on the country of entry. If we are talking about the United States, labor migrants are offered to obtain one of three options for visa permits:

1. H-1B – intended for specialists whose educational level begins with a bachelor's degree. The country's migration authorities have set a quota for this type of permits - 65,000 annually.
2. L-1 - issued to employees of branches of American companies invited to work at the main office.
3. E-1 and E-2 are intended for entrepreneurs, investors, executives, and managers.

Schengen visas are divided into 4 categories. In addition to visas A (airport), B (transit) and

C (tourist), there is type D (national). Category C allows you to stay in Schengen territory for no more than 90 days within 6 months, even if it is issued for a period of up to 5 years.

The main difference between a work visa and a tourist visa is that a tourist visa stamp does not give the right to employment. You can work in Schengen only with a category D visa issued for the appropriate purpose.

Features of visa documents

In all cases, the US work visa is not issued by the applicant. These actions are performed by the potential employer.

Map of the United States showing the percentage of emigrants

He contacts the US Department of Labor and fills out the Petition and USCIS Forms I-129. In addition, Appendix H and accompanying documents. Education and work experience must fully match the requirements for the proposed position.

Visas allow you to legally work for an inviting employer. The employee is obliged to work only at the enterprise of the employer who originally invited him.

To change jobs, you will need to obtain a completely new visa document. Family members of the holder of such a visa will be entitled to obtain a special entry visa to that country. But they won't be able to work on it.

Registration procedure

Those who have decided to use their talents and skills abroad are interested in how to obtain a work visa. Typically, each state has its own requirements for applicants. The steps that will have to be taken and the number of documents depend on the conditions set by a particular country.

Since Poland is the most friendly state for labor migrants from the post-Soviet space, let’s look at how to get a work visa to this country. The algorithm of actions looks something like this:

1. Decide on the type of national work visa (six-month visa 180/360 - issued at the invitation/application of the employer or annual visa 360/360 - the basis for its issuance is permission from the voivode).
2. Collect and translate a package of documents.
3. Get insurance.
4. Fill out the form.
5. Pay the fee (service and consular, if required).
6. Join the queue for a work visa (to submit documents) by phone or on the website.

How to get a work visa to another country should always be checked on the official website of a particular state. For example, when applying to some countries, you may need to undergo an interview.

Submission of documents and receipt of a work visa takes place at the place of residence or official employment of a foreign citizen.

To determine the approximate departure time, you also need to know how long it takes to obtain a work visa. In simple cases, the permit can be pasted into the passport in just a few days. But if registration requires document checks, this period may drag on for several months.

Documents for registration

The issue of collecting documentation again depends on the destination. To go to work in Poland, you need to provide:

• Internal and international passport (originals and copies of significant pages).
• An invitation from a company or employer.
• Insurance for the entire stay.
• Visa application form.
• Confirmation of registration.
• 2 photos 3.5x4.5 cm.

If the applicant seeks to travel to the USA, for an H1B visa, in addition to the application form, you will need:

• university diploma;
• professional membership certificate/license;
• recommendations from previous places of work;
• business proposal from an American company;
• CV;
• valid passport;
• marriage/birth certificates if the applicant intends to move with family members;
• work permit/written request from the employer/employment contract and other documents confirming his employment.

It should be remembered that an invitation for a work visa must be legal. Due to the increasing incidence of fraud with such documents, consular officers pay special attention to checking data, even calling the employer.

US work visa applicants

Not everyone is given a work visa to the USA. A higher education diploma (at least bachelor's degree) is required. In addition, you must be proficient in English. And also have an invitation from the employer confirmed by the US Embassy.

For example, there are other conditions for the H-1B visa. Have at least 12 months of experience in your specialty. Or have a secondary specialized education (2 years) with a work experience of 6 years or more.

This reservation is easily explained. According to USCIS, visa suitability is calculated based on points. The total must be 12 points.

1 year of study – 3 points, year of work – 1 point. A bachelor without work experience has 12 points. A technical school graduate receives 6 b for his studies. In addition, he still must work for 6 years to receive the coveted 12 points.

You can apply for an H2-B work visa if the applicant has previously participated in programs like Work and Travel.

What kind of work visas are there?

This issue has been discussed here many times from different angles. Therefore, here we will only briefly recall and provide links to detailed thematic materials.

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To officially find a job in Poland you need an “invitation”. It is no coincidence that we put this word in quotation marks, because... in each specific case this is a different document and a different type of visa:

The indicated visa corridors are current at the time of publication of the material, because their adjustments are currently being discussed. This mainly concerns the permissible period of work on a D05a visa. One of the proposals is to abolish the corridor (make 360/360 acceptable), another is to expand it to 360/450 (12 months of work in every 15). At this time, no decision has been made, and the norms indicated in the table apply.

Consecutive stages of obtaining a visa

You can obtain a work visa to the USA through the Embassy of the United States of America in Moscow. Stages:

• Entering data into the form. To do this, you need to register and confirm using your email address. The form is then filled out, printed and saved.
• Payment of the consular fee.
• Sign up for an interview at least 2 days after payment of the fee. You will need to provide information on your passport. Document number for payment of the consular fee and a printed page with the barcode of the DS-160 form. As a result, you receive an email with an invitation to an interview.
• Interview at a set time with fingerprinting.

  

  Submission of fingerprints at the American Embassy

Consular fee

This is a cash fee to pay for a Machine Readable Visa (MRV) valid for 1 year. Therefore, you can apply and obtain a visa throughout the year. If the validity period has expired, you will have to pay again.

The fee for any work visa is US$190. Payment of the fee is carried out using a bank card online, at a bank branch or at Russian Post.

Although the amount is indicated in dollars, the applicant deposits money in rubles at the current exchange rate at the time of payment.

Interview and set of documents

When going for an interview, you need to calculate all possible cases of development of the conversation and prepare a complete set of documents:

• Verified Form DS-160 with barcode;

• 

• Printed invitation letter;
• Receipt of paid consular fee;
• A photograph that is no more than 3 months old;
• Valid passport;
• Previously issued passports;
• Document confirming education (diploma and grade sheet);
• A personal document containing records of a citizen’s employment (work book);
• Certificate from the last place of work;
• Information from the head of the HR department;
• Applicant's resume;

  

• Information about future work and position.

The American Embassy may require additional documents at its discretion. To establish the applicant's right to travel to the United States and the right to work there.

A criminal record is not an obstacle to obtaining a visa. A certificate of criminal prosecution and terms of punishment must be provided. Even if the criminal record has been expunged.

Visa processing times and delivery

Confirmation and registration takes from 7 days to 1 month.

Map and address of the US Embassy in Moscow

This period is explained by the workload of the embassy.

If the answer is positive, the applicant’s passport with a visa stamp will be delivered to the address specified when scheduling the interview.

How long does it take to obtain a work visa to Poland?

Now let’s move on to the main question of this material – how long will it take to obtain a work visa. We will try to cover the process completely, but we will immediately state that these figures are relative.

The length of each stage depends not only on its immediate duration, but also on the work of the relevant services and departments at each specific moment: mail or courier service, queues at PPVA or visa departments, workload on diplomatic workers, etc.

Main stages and their duration:

1. Registration of an “invitation” : from 7 days for consecration to several months for consecration. Obviously, this is the most ambiguous stage in terms of time.
2. Forwarding the “invitation” : from 2 weeks to 1.5 months.
3. Registration at the PPVA or visa department (waiting in line): from 2 weeks to 2 months.
4. Visa processing : 10 – 30 days as usual. This stage is the main one in our story and will be discussed below in more detail.
5. Obtaining a passport : 1 – 3 days.

Regarding the processing time for a visa in the usual (non-expedited) mode, the embassy websites assure that (hereinafter quoted) “the processing may take 10 days or more.” That is, on the one hand, the deadline is indicated, but on the other hand, this tricky “from” allows officials to increase the wait.

As a rule, an increase in deadlines occurs on pre-holiday days, due to the influx of people wishing to apply for Schengen visas. For Ukrainians who have the right to visa-free entry, this is less relevant, but unevenness also occurs among them.

The seven day rule

When talking about the processing time for work visas, you need to focus on the so-called. the "Seven Days" Rule. Polish laws establish the following norm for work under consecration: it is necessary to report to the employer within the first seven days from the date of filing a statement of intention to employ a foreigner (confirmation).

It is obvious that during such a period the vast majority of foreigners simply will not have time to obtain a visa. However, people go to official work in huge numbers. How are these issues resolved? We asked one of our experts to comment on the situation.

Expert opinion

Yulia Vladimirovna

Expert of the online magazine “Polish Consultant”

First of all, we need to clarify that the “7-day rule” applies exclusively to non-seasonal consecration. For seasonal work, the deadlines are much longer, but for the Voivodeship, there are no such restrictions at all. Now the second thing is that both the employees of embassies and consulates and the border guards understand the current situation perfectly well, and mostly let people through with a slight delay.

It’s another matter if the delay significantly exceeded one week. There is a way out here too. I emphasize that this is an unofficial method , it is not enshrined in any regulatory act, but it works !

The point is that the employer sends a letter to the employee on the official letterhead of the enterprise, in which he confirms that the consecration has not been canceled, and the employee is still welcome at the enterprise. Such a letter is drawn up in free form - there are no exact forms.

How many days does expedited processing take?

The expedited method applies exclusively to the stage of obtaining a visa at the PPVA or the visa department of the embassy. It is available to Ukrainians and Russians, and implies an increased cost.

It is officially believed that the process will take only 3 days, which is reported on all diplomatic resources. However, this period may actually be exceeded.

1. Firstly, we are talking about working days, and if there are weekends and/or holidays, the period will involuntarily increase.
2. Secondly, peak workloads on officials are involuntarily reflected in these deadlines, and most norms imply their inaccurate compliance under “certain circumstances.”

We recommend setting aside at least a week for this period, even if the PPVA promises different figures.

Reasons for refusal

After going through all the stages, all that remains is to wait for the answer. Of course, it is not always positive. There are reasons why the US Embassy may refuse an applicant. Therefore, your visa will be denied.

Example of a notification letter about refusal to issue a work visa

Possible reasons for refusal:

• The applicant was nervous during the interview. Caused mistrust, and discrepancies were identified between verbal responses and the content in the questionnaire.
• When checking data on trips to the United States, discrepancies were identified in the periods of stay abroad and in the territory of one’s country.
• Previously migrated relatives live in the United States. This can lead to non-compliance with the migration regime and illegal immigration.
• Poor visa history, absence and small number of trips, which indicates the applicant’s poor financial status.
• The consulate employee suspected falsification of any documents.

The category of refuseniks most often includes those who are unmarried, without children, and who receive low wages.