Steps to Obtain Residency in the United States Through Work

Have you ever wondered how to obtain residency in the United States through work?

This dream is shared by millions of people around the world and, although it may seem like a complicated process, it's not impossible. With the right information and proper guidance, you can significantly increase your chances of success.

In Travelex, we understand the challenges and concerns faced by those seeking to settle in the United States. Our mission is to create a simple, orderly and clear process for our clients in procedures that are often complex and stressful. That's why we've put together this detailed guide to help you navigate the different programs and requirements needed to obtain permanent residence through work.

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Why is this topic so important?

Obtaining residency in the United States not only opens doors to new job opportunities, but it also provides stability for you and your family. In addition, it allows you to access benefits such as education and health, and brings you one step closer to U.S. citizenship.

Throughout this article, we'll explore the different types of work visas, the specific requirements for each one, and the steps to take from applying to obtaining residency. We'll also provide useful tips and resources that can make your process easier.

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Get ready to discover everything you need to know about how to obtain residency in the United States through work, and join us on this journey to a better and safer future.

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Understanding the Different Types of Work Visas

There are several work visas that can lead to permanent residence in the United States. Among the most common are H-1B, L-1, and EB-2 visas. Each one has different requirements and benefits. This section will explore each type in detail, providing examples and relevant statistics.

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H-1B Visa

The H-1B visa is one of the most popular for foreign professionals who want to work in the United States. This visa is intended for workers in specialized occupations that require theoretical and technical knowledge in fields such as computer science, engineering, mathematics, and medicine.

To qualify for an H-1B visa, the applicant must have at least a bachelor's degree or equivalent in work experience. In addition, the U.S. employer must file a petition on behalf of the foreign worker and prove that there are no U.S. workers available for the position.

• Duration: Initially valid for three years, with the possibility of extension up to six years.
• Benefits: Possibility to apply for permanent residence (Green Card) while working in the United States.
• Limitations: There is an annual limit of 65,000 H-1B visas, with an additional 20,000 for those with graduate degrees from U.S. institutions.

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L-1 Visa

The L-1 visa is designed for employees of international companies who are transferred to a subsidiary, branch, or affiliate in the United States. There are two types of L-1 visas: L-1A for executives and managers, and L-1B for employees with specialized knowledge.

To qualify, the employee must have worked for the foreign company for at least one year in the three years prior to the application. The U.S. company must be related to the foreign company as a parent, subsidiary, branch, or affiliate.

• Duration: L-1A is valid for up to seven years, while L-1B is valid for up to five years.
• Benefits: There is no annual limit on L-1 visas, and holders can apply for permanent residence.
• Limitations: The L-1 visa requires the employee to maintain an ongoing relationship with the foreign company.

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EB-2 Visa

The EB-2 visa is an employment-based immigrant visa for professionals with advanced degrees or exceptional abilities in the sciences, arts, or business. This visa allows holders to apply for permanent residence directly.

To qualify for an EB-2 visa, the applicant must have an advanced degree (master's degree or higher) or demonstrate exceptional abilities in their field. In addition, the employer must obtain a labor certification from the U.S. Department of Labor, unless the applicant qualifies for a national interest exemption.

• Duration: Once approved, the holder can apply for permanent residence.
• Benefits: There is no annual limit on EB-2 visas, and holders can bring their immediate family members.
• Limitations: The labor certification process can be lengthy and complex.

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Understanding the different types of work visas is crucial for those seeking obtaining residency in the United States through work. Each visa has its own requirements and benefits, so it's important to evaluate which one best suits your situation and professional goals.

For more information on how to obtain residency in the United States through work, visit our Work Residencies section on our website.

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Necessary requirements and documents:

Obtaining residency in the United States through work involves meeting a series of specific requirements and submitting a variety of documents. These requirements may vary depending on the type of work visa being requested, such as the H-1B, L-1 or EB-2. Below are the most common documents and how to prepare them properly.

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Personal documents

For any application for a work visa, it is essential to have certain personal documents. These documents are essential for verifying the applicant's identity and history. The most common personal documents include:

• Valid passport: It must be valid for at least six months beyond the intended date of entry to the United States.
• Birth certificate: It is necessary to verify the identity and date of birth of the applicant.
• Recent photos: They must meet specific size and format requirements established by the United States Citizenship and Immigration Services (USCIS).

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Work documents

Employment documents are crucial to demonstrate the applicant's employment relationship and qualifications. These documents vary depending on the type of visa, but generally include:

• Job offer: A formal letter from the U.S. employer detailing the position offered, salary, and working conditions.
• Labor Certification: For visas such as the EB-2, it is necessary to obtain a certification from the U.S. Department of Labor showing that there are no U.S. workers available for the position.
• Work History: It includes letters of recommendation from previous employers and an updated resume.

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Academic documents

For visas that require specific academic qualifications, such as H-1B and EB-2, it is necessary to submit documents that prove the applicant's education. These may include:

• Academic Degrees: Copies of diplomas and certificates from accredited educational institutions.
• Transcripts: Official records of grades and courses completed.
• Credential Assessments: In some cases, it is necessary to obtain an evaluation of educational credentials from a recognized entity in the United States.

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Additional documents

In addition to the documents mentioned above, it may be necessary to submit other specific documents depending on the individual case of the applicant. Some of these additional documents may include:

• Criminal Record Certificates: To show that the applicant has no criminal record.
• Tests of economic solvency: Documents that demonstrate the applicant's ability to financially support themselves in the United States.
• Family Relationship Tests: If a visa is requested for immediate family members, it is necessary to submit marriage and child birth certificates.

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Preparing these documents properly is essential to increase the chances of successful applying for residency through work. It is advisable to carefully review the specific requirements of each type of visa and ensure that all documents are complete and up to date.

For more information on how to obtain residency in the United States through work, visit our Work Residencies section on our website.

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Application process and wait times:

Obtaining residency in the United States through work is a process that can be long and complicated, with varying waiting times. This section will break down each step of the application process, from document preparation to consular interview, and will provide information on typical wait times.

It's important to be well informed and prepared for each stage of the process, as this can significantly increase the chances of success. The main phases of the application process and the associated wait times are detailed below.

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Preparing documents

The first step in the application process is to gather all the necessary documents. These documents may vary depending on the type of work visa being applied for, but they generally include:

• Valid passport: It must be valid for at least six months beyond the intended date of entry to the United States.
• Birth certificate: It is necessary to verify the identity and date of birth of the applicant.
• Recent photos: They must meet specific size and format requirements established by the United States Citizenship and Immigration Services (USCIS).
• Job offer: A formal letter from the U.S. employer detailing the position offered, salary, and working conditions.
• Labor Certification: For visas such as the EB-2, it is necessary to obtain a certification from the U.S. Department of Labor showing that there are no U.S. workers available for the position.
• Work History: It includes letters of recommendation from previous employers and an updated resume.
• Academic Degrees: Copies of diplomas and certificates from accredited educational institutions.
• Transcripts: Official records of grades and courses completed.
• Credential Assessments: In some cases, it is necessary to obtain an evaluation of educational credentials from a recognized entity in the United States.
• Criminal Record Certificates: To show that the applicant has no criminal record.
• Tests of economic solvency: Documents that demonstrate the applicant's ability to financially support themselves in the United States.
• Family Relationship Tests: If a visa is requested for immediate family members, it is necessary to submit marriage and child birth certificates.

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Submission of the application

Once all the necessary documents have been gathered, the next step is to submit the visa application. This process includes completing specific forms and paying appropriate fees. The most common forms are:

• Form I-129: Non-Immigrant Worker Petition, used to apply for H-1B and L-1 visas.
• Form I-140: Immigrant Petition for Foreign Worker, used to apply for EB-2 visas.
• Form DS-160: Online Non-Immigrant Visa Application, used for all work visas.

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It's crucial to ensure that all forms are complete and accurate to avoid delays in the process. In addition, it is advisable to carefully review the instructions provided by USCIS and the U.S. Department of State

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Consular interview

After submitting the application and the necessary documents, the next step is to attend a consular interview. This interview takes place at the U.S. embassy or consulate in the applicant's home country. During the interview, a consular officer will evaluate the request and ask questions to verify the information provided.

It is important to be well prepared for the interview and to bring all original documents and additional copies. In addition, it is advisable to practice answering possible questions and to be ready to clearly explain the reasons for applying for the work visa.

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Waiting times

Waiting times for obtaining a work visa and residence in the United States can vary significantly depending on the type of visa and the workload of the embassy or consulate. Here are some typical wait times:

• H-1B Visa: The application process can take between 3 and 6 months, although there is a premium processing option that reduces the time to 15 days.
• L-1 Visa: The processing time is usually 1 to 3 months.
• EB-2 Visa: The process can take between 6 months and 2 years, depending on the time it takes to obtain labor certification and the availability of visas.

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It is important to note that these times are approximate and may vary. In addition, factors such as the accuracy and completeness of the request, as well as the response to any request for additional evidence, can affect the length of the process.

For more information on how to obtain residency in the United States through work, visit our Work Residencies section on our website.

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Tips to increase your chances of success:

Obtaining U.S. residency through work can be a challenging process, but there are strategies that can increase your chances of success. Here are some practical tips, ranging from document preparation to conduct during the consular interview.

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Preparing documents

Proper document preparation is crucial to the success of your application. Make sure all documents are complete, up to date, and organized. Here are some key tips:

• Review the specific requirements: Each type of visa has specific requirements. Consult the official USCIS guidelines and make sure you comply with all of them.
• Translated documents: If your documents are in a language other than English, it is essential that you translate them by a certified translator.
• Organization: Keep your documents organized in labeled folders for easy review during the consular interview.

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Professional advice

Having the advice of an immigration professional can make a big difference in the success of your application. Immigration attorneys and consultants have the experience and knowledge needed to guide you through the process. Consider the following points:

• Look for references: Research and request referrals from reputable immigration attorneys or consultants.
• Initial consultation: Schedule an initial consultation to discuss your case and evaluate available options.
• Ongoing monitoring: Keep in constant communication with your advisor to ensure that all steps are being followed correctly.

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Preparing for the Consular Interview

The consular interview is a critical stage in the visa application process. Here are some tips for preparing properly:

• Practice your answers: Be prepared to answer questions about your employment, your qualifications and your intentions in the United States.
• Original documents: Bring all original documents and additional copies to the interview.
• Appropriate clothing: Dress professionally to make a good impression.

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Testimonials and experiences

Learning from the experiences of others who have been through the process can be very useful. Here are some testimonials:

“Thanks to Travelex's advice, I was able to organize all my documents and prepare a solid application. The consular interview was much easier than I expected. ” — Maria G.

“My immigration lawyer guided me through every step of the process, from document preparation to interview. Their support was invaluable. ” — Carlos R.

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For more information on how to obtain residency in the United States through work, visit our section of Work Residencies.

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Your path to residency in the United States

Obtaining residency in the United States through work is a complex process, but not impossible. Throughout this article, we've explored the different types of work visas, the specific requirements for each one, and the steps needed to complete the application. With the right information and preparation, you can significantly increase your chances of success.

First, it's critical to understand the different types of visas available, such as H-1B, L-1, and EB-2, each with their own requirements and benefits. Evaluating which of them best suits your situation and professional objectives is crucial. In addition, gathering and preparing all the necessary documents, from the passport to labor and academic certifications, is an essential step in the process.

The application process can be long and complicated, but being well informed and prepared for every stage, from document preparation to consular interview, can increase your chances of success. Waiting times vary depending on the type of visa and the workload of the embassy or consulate, but being diligent and maintaining constant communication with your advisor can make a difference.

In addition, considering the advice of an immigration professional can be invaluable. Immigration attorneys and consultants have the experience and knowledge needed to guide you through the process and ensure that all steps are followed correctly. Don't underestimate the value of properly preparing and organizing your documents.

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Finally, we invite you to share your experiences and questions in the comments. Your participation can be of great help to others who are in the same situation. For more information and resources, visit our Work Residencies section on our website.

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Ready to take the next step? Contact us today and let us help you on your path to residency in the United States. Together, we can make this dream a reality.