Visas & Work Permit USA

Updated on:
16 Jan, 2024
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Human resource management has evolved, it is breaking geographical boundaries and allowing you to tap into a global talent pool. 

As you expand into global markets, including the United States, hiring international talent is essential for staying competitive and innovative. 

With the dynamic political landscape around the entry of immigrants, navigating the visa and work permit USA landscape can be complex and time-consuming.

A work visa allows foreign employees to enter the U.S. for employment, while a work permit (Employment Authorization Document - EAD) permits individuals already residing in the U.S. to work legally.

Fortunately, Skuad provides end-to-end visa and work permit assistance to help business houses overcome this challenge and remain successful in global markets. Such services are accessible only when clients partner with Skuad to become their EOR. 

In this article, we’ll discuss a permanent work visa in the USA, how to apply for a work permit in the USA, and how Skuad can help.

Types of Work Permits in the USA

A United States work visa allows you to bring foreign talent into the country for employment, while a US work permit authorizes individuals already in the country to work legally. 

Here’s a quick summary of the differences between work visa and work permit in the USA: 

Aspect Work Visa USA United States Work Permit
Issued By U.S. Embassy/Consulate USCIS
Purpose Entry to the U.S. for work Legal work authorization within the U.S.
Employer Sponsorship Usually Required Not required for some categories
Eligibility Foreign nationals outside the U.S. Non-citizens already in the U.S.
Examples H-1B, Intra-Company Transferee, O-1 visas EB series permits, Optional Practical Training (OPT) for F-1 Students

Further, let’s break down various options for working in the States:

USA work visa types

Here's a detailed table of American employment visa types based on categories, eligibility, and key features:

Visa Type Category Eligibility Key Features
H-1B Specialty Occupation Bachelor's degree or higher in a specialized field Requires employer sponsorship
L-1 Intra-Company Transferee Employees transferring within the same company Available for executives, managers, and specialists
L-2 Dependent of L-1 Visa Holder Spouses or children of L-1 holders Eligible for work authorization
O-1 Extraordinary Ability Individuals with exceptional skills in sciences, arts, education, or business Requires evidence of extraordinary achievements
P-3 Cultural Performer Artists/entertainers for culturally unique programs Culturally distinct performances or teaching
EB-1 Employment-Based (First Preference) Extraordinary ability, professors, researchers Provides a path to permanent residency
EB-2 Employment-Based (Second Preference) Advanced degree or exceptional ability Requires employer petition
EB-3 Employment-Based (Third Preference) Skilled workers, professionals, or unskilled workers Labor certification is usually required
EB-4 Employment-Based (Special Immigrants) Religious workers, international organization employees Special category for certain job types

USA work permit types

Here's a comprehensive table outlining various types of work permits in the US (Employment Authorization Documents - EAD) based on eligibility categories and key features:

Permit Type Category Eligibility
F-1 OPT (Optional Practical Training) F-1 student visa holders Allows work related to the field of study for up to 12 months (24-month extension for STEM)
F-1 CPT (Curricular Practical Training) F-1 student visa holders Work authorization during the study program as part of the curriculum
H-4 EAD (Dependent of H-1B Holder) Spouses of H-1B visa holders (with green card process started) Work authorization for eligible spouses
L-2 EAD (Dependent of L-1 Holder) Spouses of L-1 visa holders Spouses are automatically eligible for work without separate EAD
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Requirements for USA Work Visa and Permits 

Understanding the visa requirements thoroughly is akin to halfway to success in hiring top talents outside the US. Let’s break it down for you: 

USA work visa requirements

Here is a summary of employer-sponsored and non-employer categories work visa USA requirements: 

Visa Type Key Requirements
H-1B (Specialty Occupation)
  • A job offer from a U.S. employer in a specialty field
  • Bachelor's degree or higher in the relevant field
  • Employer must file Form I-129 (Petition for Non-Immigrant Worker)
  • Labor Condition Application (LCA) approval from the Department of Labor (DOL)
L-1 (Intra-Company Transferee)
  • Employment at a multinational company for at least one year
  • Transfer to a U.S. office in an executive, managerial, or specialized knowledge role
  • Form I-129 filing by the employer
O-1 (Extraordinary Ability)
  • Evidence of extraordinary ability in science, arts, education, business, or sports
  • Employer or agent sponsorship and Form I-129 submission
P Visas (Artists, Entertainers, Athletes)
  • Demonstrated international recognition or cultural uniqueness
  • Sponsorship from a recognized organization or employer
EB-1/EB-2/EB-3 (Employment-Based Immigrant Visas)
  • Job offer and PERM labor certification for most categories
  • Advanced degrees or exceptional abilities (for EB-2)

USA work permit requirements

Here is a summary of Unites states work permit requirements:

Permit Type Key Requirements
F-1 OPT (Optional Practical Training)
  • Valid F-1 visa
  • OPT recommendation from the school (Form I-20)
  • Application within 90 days before or after graduation
H-4 EAD (Dependent of H-1B Holder)
  • Spouse of an H-1B visa holder with approved I-140 petition
  • Copy of marriage certificate and H-1B documents
L-2 EAD (Dependent of L-1 Holder)
  • Proof of L-1 visa holder’s status
  • Marriage certificate or proof of dependent status

How to Apply for USA Work Visa and Permits

From petition filing to compliance with labor requirements, your part in securing types of work authorization in the US plays a significant role. Below is a step-by-step guide on how to better manage the process.

Work visa in the USA

  1. Select the Appropriate Visa Type: Determine the right work visa based on the role and the candidate’s qualifications (e.g., H-1B for specialty workers, L-1 for internal transfers).
  2. File Form I-129 (Petition for Non-Immigrant Worker): Submit this petition to USCIS to sponsor the foreign worker.
  3. Obtain Labor Condition Application (LCA): Approval is required for certain visas like H-1B, and you must get DOL certification to ensure compliance with wage and working conditions.
  4. Help the Applicant with DS-160 Form Filling Support your applicant in filling out the non-immigrant visa application and paying the associated fee.
  5. Wait for Visa Decision USCIS will examine the application and make a decision.
  6. Onboard the Approved Employee: Onboard your approved employee when they arrive in the U.S. and start working.

Work permit in the USA

  1. Eligibility Verification: Find out if the employee is eligible for a work permit, which may be an H-1B spouse, asylum applicant, or green card applicant.
  2. Support with Form I-765: Coach them on the Employment Authorization Application.
  3. Provide Supporting Employment Documents: Offer proof of job offer and employment details if necessary.
  4. Ensure Application Submission: Assist your employee in gathering and submitting their application package to USCIS.
  5. Monitor Application Status: Stay updated on the processing timeline to plan onboarding accordingly.
  6. Validate EAD Card Upon Receipt: Ensure the work permit card is valid before the employee begins work.

Looking to Hire in the USA? Skuad Can Help

Thankfully, there are outsourcing solutions to hire international talents in the United States. For instance, Skuad provides hassle-free work permit and visa services, exclusively for those companies that have partnered with us as their employer-of-record (EOR) services. 

Partnering with Skuad as your EOR will benefit you: 

  • Manage all legal formalities for hiring international talent.
  • Ensure adherence to U.S. labor laws. 
  • Access the U.S. market without establishing a legal entity.

Book a demo with Skuad today. 

FAQs

How can I get a work permit in the USA?

To obtain a work permit in the USA, you should apply for an Employment Authorization Document, a form I-765 submitted to USCIS. You must be eligible for the permit based on your immigration status, such as being a student on an F-1 visa or a dependent spouse on an H-4 visa. After approval of your application, you will receive a permit that enables you to work legally in the U.S.

Which visa allows you to work in the USA?

Several visas allow you to work in the USA, depending on your job and qualifications. Common work visas include the H-1B visa for specialty workers in fields like technology or engineering, the L-1 visa for intra-company transfers, and the O-1 visa for individuals with extraordinary ability. 

How long will it take for a work permit in the US? 

Processing a work permit in the United States takes 3 to 5 months on average. Of course, that time varies, considering eligibility and what kind of process one may follow. These sometimes change based on volume and how the work was done, depending on various processing factors.

How much will it cost me to get a work permit in the US?

The cost of applying for a work permit in the U.S. varies by type of permit and application status. An EAD filing fee is usually around $410-$495, although there may also be a biometric services fee of $85 in some situations. Fees change, so checking the USCIS website for current fees is important.

How long does it take for a work permit in the USA to be approved?

The approval time for a work permit in the USA typically takes 2 to 7 months. This time frame may vary depending on factors such as the complexity of the application, whether additional documentation is required, or delays caused by USCIS backlogs.

Employ contractors and employees in 160+ countries

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EOR in 
the United States
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199
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EOR in 
the United States
Monthly
$
249
/month
(billed annually)
Annually
Pay monthly at a discounted rate with a 12-month commitment
carrot icon
$
199
/month
(billed monthly)
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Employ contractors and employees in 160+ countries

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