If you choose to work in America, your two options are getting a job before you move or finding one after moving to the U.S. Immigrating to the United States can offer several doors for every individual. As the “Land of Opportunity,” America affords willing and committed immigrants a shot at success and financial freedom. Becoming an employment-based immigrant is one of the finest methods to discover prosperity in the country. For this visa category, applicants typically need a sponsor. However, many must know that securing a work visa without sponsorship is doable.
Whether or not you need to acquire employment in the United States before or after migrating to America depends on whatever U.S. Visa program you apply for. Many employers have constraints on who and when they will sponsor for permanent residence. They may only support certain occupations or employees in a position for more than a set time. Alternatively, an employer may establish a “waiting period” in which employees are not eligible for sponsorship until they have been with the firm or institution for a specified time on a temporary visa.
In this article, we’ll answer some of your questions: Is it tough to get a U.S. Work Visa? Can you acquire a Work Visa without a job? So, if you desire to live and work in America, keep reading to better grasp your alternatives!
Types Of U.S. Work Visas That Don’t Require A Job Offer
Most U.S. Work Visas require the foreign worker to get a job offer from a sponsoring firm in the United States before applying for the U.S. Work Visa. Some U.S. Work Visas, however, do not require an employment offer from a sponsoring firm in the United States.
Thus, if you match the eligibility conditions, you can apply for a U.S. Work Visa without a work offer. Examples of U.S. Work Visas that don’t require a work offer include the following:
E-1 Treaty Trader Non-Immigrant Temporary U.S. Work Visa:
You must be a citizen of a country with a commerce and navigation treaty with the United States. It would help if you undertook substantial trade between your country and the United States. Trade could entail services, goods, insurance, international finance, tourism, technology, etc. The E-1 US Work Visa is valid for up to 2 years. It can be renewed for up to 2 years without any limit as long as you satisfy the conditions.
The spouse and children (unmarried and under 21 years of age) of the approved Treaty Trader can apply for E-1 Nonimmigrant status to live in the U.S.A.
E-2 Treaty Investor Non-Immigrant Temporary U.S. Work Visa:
You must be a citizen of a country with a commerce and navigation treaty with the United States. It would help if you made a significant capital investment in a business in the U.S. The E-2 US Work Visa is valid for up to 2 years. It can be renewed for up to 2 years without any limit as long as you satisfy the conditions.
The spouse and children (unmarried and under 21 years of age) of the authorized Treaty Investor can apply for E-2 Nonimmigrant status to live in the U.S.A.
Employment-Based EB-1A (Extraordinary Ability) Immigrant U.S. Visa:
The EB-1A Immigrant U.S. Visa is for skilled foreign workers with “extraordinary ability” in the arts, athletics, business, education, or sciences, as shown by ongoing acclaim domestically or globally. No employment offer is required, and you can file the I-140 petition with U.S.C.I.S.
You must demonstrate your “extraordinary ability” by presenting proof of obtaining a significant award that is recognized internationally (for example, an Olympic Medal, Pulitzer Prize, Nobel Prize, Academy Award, etc.) OR by providing proof of three of the following ten criteria:
- Evidence that you got a minor honor or reward for excellence that is recognized nationally or internationally
- Proof that your work was presented during artistic exhibitions
- Proof that you are a member of associations in your particular field that require their members to have remarkable achievements
- Proof that you have produced scholarly pieces in large media, such as significant trade periodicals or professional publications
- Proof that material has been published about you in essential media, such as major trade publications or professional publications
- Proof that you have played an essential role in distinguished organizations
- Proof that you have been a commercial success in the performing arts
- Proof demonstrating you receive a high salary or other high pay relative to others in your field
- Evidence that you have made an original creative, athletic, business, scientific or intellectual contribution to your profession that was of considerable significance
- Proof that you were asked to evaluate the work of others, whether on a panel of judges or individually
- If granted, you will receive an EB-1A Immigrant U.S. Visa in your passport and a Permanent Resident Green Card to live, study and work in the U.S.A. for an infinite time. If granted, your spouse can apply for E-14 immigrant status, and your dependent child who is unmarried and under age 21 can apply for E-15 immigrant status to live, study and work in the U.S.A. as a permanent resident Green Card holder.
4. Employment-Based EB-2 (National Interest Waiver) Immigrant U.S. Visa:
You must have a career that requires you to hold an advanced degree and possess that degree OR be an individual with exceptional aptitude in the arts, business, or science.
- You must submit verification of three of the following eligibility criteria:
- You have an official academic record proving that you have a certificate, diploma, degree, or similar award from a university, college, or other educational institution related to your field of exceptional Ability.
- You possess certification to practice your profession or have a license to practice your profession.
- You have letters received from former or current employers that document a minimum of 10 years of full-time
- work experience in your particular field.
- You are a member of a professional organization.
- You have proof that you received a high salary or other high compensation for your services, indicating your exceptional Ability.
- You have proof of having received recognition for your significant contributions or achievements related to your field or industry from business or professional organizations, government or peers.
- A US job offer from an employer in the United States and labor certification is not required (can be waived). Suppose you can get a National Interest Waiver because your proposed endeavor in the U.S. has national importance and merit. In that case, you are in a solid position to advance your proposed endeavor in the U.S., and overall, it would be beneficial for the U.S. to waive the requirement of the U.S. job offer and labor certification.
5. EB-5 Visa
The EB-5 visa is also known as the investor visa. It can give Green Cards to international investors who create jobs and make capital investments within the country or those who invest through regional centers recognized by U.S.C.I.S. Unlike other employment-based visas, EB-5 is a self-petitioning visa.
EB-5 candidates do not require a sponsor or a job offer for their application. In place of the E.A.D., candidates should petition to be alien entrepreneurs when residents of the United States. Applicants should also modify their status and file to remove conditional status if needed.
If approved, you will receive an EB-2 Immigrant U.S. Visa in your passport and a Permanent Resident Green Card to live, study and work in the U.S.A. for unlimited time. If approved, your spouse can apply for E-21 immigrant status, and your dependent child who is unmarried and under age 21 can apply for E-22 immigrant status to live, study and work in the U.S.A. as a permanent resident Green Card holder.
Alternatives to Employment-Based Permanent Residence
The primary alternatives to categories based on employment or field of competence include family-based, political asylum, and special programs of Congress.
Family-based immigrant categories are divided into many levels. The top category, immediate relations, includes spouses, parents (of children at least 21 years of age) or children (under age 21) of U.S. citizens. There are long backlogs for the lower levels, including wives and children of Legal Permanent Residents, married offspring of U.S. citizens, and brothers/sisters of U.S. citizens. Information regarding the backlogs for visa numbers can be found in the Visa Bulletin, released monthly by the Department of State.
Political asylum is a category offered to those frightened to return home owing to persecution based on race, religion, nationality, social group or political opinion. This category involves an initial application and an in-person interview with a U.S.C.I.S. examiner. If asylum is granted, the claimant is awarded permanent status but must wait one year before applying for the green card.
The most popular particular program of Congress is the Diversity Visa Lottery. This is a program conducted by the Department of State that makes 50,000 green cards accessible to persons from countries that have low rates of immigration to the U.S. The lottery runs typically from October to December, and instructions are posted online. It is a lottery, so the chances of winning are tiny – but if you are from a nation that qualifies (or your spouse is), we recommend attempting. We have clients who win every year.
Tips for Employees Without Sponsors
Applying for a work visa without a sponsor comes with distinct hurdles. One of the major problems would be working on numerous things by oneself. With an employer, you can be accountable for all requirements and processes.
Here are things you may apply to help improve your condition and avoid more difficulties:
1. scrutinize every requirement.
In gaining a work visa without sponsorship, no one will work with you on preparing and processing requirements. You have more choices in determining what to do and when your responsibility arises. Once you commit a mistake, there is no one else to blame.
It is best to be more meticulous with every submission and file record. Take note of the submission dates and suitable filing centres. For optimum outcomes, collaborate with a reliable immigration attorney.
2. Do not give away confidential information that easily.
Never expose your personal information to dodgy individuals or institutions. The same goes for filling out forms or surveys online. Only disclose your details with government authorities, official websites, and trustworthy law firms. The incidences of identity theft and violation of privacy have been common lately.
3. Read before you sign.
As an independent petitioner, you will be performing most of the paperwork. Applying for visas, especially those under the employment-based category, requires many paperwork and attachments. One of the significant mistakes candidates make is not lodging their signatures where they are needed. Also, some candidates place their signatures on the wrong pages, causing inappropriate application indications.
4. Stay away from harmful websites.
As a non-expert, one of your greatest downfalls would be disinformation. The internet is filled with unlimited knowledge of anything. While you can look for tips on self-petition, only a few websites offer false and outdated information on the said issue. Refrain from believing too fast about everything you read online.
5. Coordinate closely with an immigration lawyer.
Processing a work visa without a sponsor is a relatively uncommon case. While such is true, it does not mean no one can aid you. A.L.G. Lawyers have a staff of diligent immigration attorneys you can rely on. We are available to answer your inquiries and propose solutions to your difficulties.
Frequently Asked Questions
Is It Difficult To Get A US Work Visa?
- Whether or not it is difficult to receive a U.S. Work Visa depends on various criteria, such as:
- Which form of U.S. Work Visa you are applying for
- Whether the U.S. Work Visa requires a work offer from a sponsoring employer
- How long it takes you to deliver the relevant papers
- How fast the U.S. Embassy and U.S.C.I.S. can handle the application/petition
- Typically, it takes between 2-12 months to apply for a Work Visa to the USA.
2. Do I Need To Have A Sponsor To Apply For A US Work Visa?
Most U.S. Work Visas require the foreign worker to receive a job offer from a sponsoring employer in the United States; however, there are a small number of U.S. Work Visas that do not have this requirement, such as the E-1 Treaty Trader Work Visa, E-2 Treaty Investor Work Visa, EB-1A Immigrant Visa/Green Card and the EB-2 Immigrant Visa/Green Card with a National Interest Waiver).
As you have read, you can receive a U.S. Work Visa without an employment offer from a company in the United States. Nonetheless, most U.S. work visas require that you first acquire an offer of employment from a sponsoring firm in the United States before applying for the work visa.
An individual who desires to apply for permanent residency in the United States must investigate all feasible choices. It is equally crucial to prepare ahead, understanding any time constraints of temporary visas and allowing for the anticipated delays of the green card procedure.