Work Visas and Immigration in the US

In the United States, hiring foreigners without valid work authorization can result in fines ranging from $250 USD to over $20,000 USD per violation, as well as legal action or revocation of business licenses. The US government enforces strict regulations to ensure employment opportunities are first available to US citizens and lawful permanent residents, unless specialized skills are required. Therefore, the United States has structured skilled migration programs for foreigners, with provisions for highly skilled professionals in sectors like engineering, healthcare, information technology, and finance.

Visas for foreign nationals

Several kinds of visas are available for foreign workers in the US.​

- H-1B Visa: For individuals in specialty occupations requiring a bachelor's degree or higher, sponsored by a US employer.​

- L-1 Visa: For intra-company transferees moving to a US office from an affiliated foreign office.​

- O-1 Visa: For individuals with extraordinary ability or achievement in sciences, arts, education, business, or athletics.​

Foreigners may also apply for a B-1 Business Visitor Visa, which is issued for attending meetings, conferences, or exploring business opportunities in the United States. It does not permit full-time employment in a US company.​

Sponsorship and employer responsibilities

Hiring a foreign national in the United States requires compliance with immigration, labor, and tax regulations. The sponsoring employer (or Employer of Record) must:​

Eligibility criteria

• Confirm that the foreign applicant has the required qualifications and that no suitable US citizen or lawful permanent resident is available.​
• Obtain a certified Labor Condition Application (LCA) from the Department of Labor for certain visa categories.​
• Submit a signed job offer, company registration documents, and the applicant’s credentials to the US Citizenship and Immigration Services (USCIS).​

Required documentation

• Passport valid for at least six months beyond the intended stay
• Forms such as the Form I-797 Approval Notice and DS-160 Confirmation Page
• Passport-style photographs
• Visa application fee payment receipt
• Diplomas, transcripts, or foreign degree evaluations
• Resume / CV
• A letter from the employer confirming the job offer, duties, and salary
• Recent pay stubs (usually two to three months) if currently employed in the US
• Copies of prior I-94s, visas, and I-797 approval notices, if applicable

Post-arrival requirements

• Social Security Number (SSN): After entering the US, the foreign worker must apply for an SSN for tax and employment purposes.​
• Form I-9: Employers must complete Form I-9 to verify the employee's identity and authorization to work in the US
• Update local authorities in case of change of address, employment status, or permit renewal.

Disclaimer: The information provided is for informational purposes only and does not constitute legal or professional advice. Safeguard Global disclaims any liability arising from reliance on this information. Certain content may be sourced from third parties and remains their intellectual property; all other content is owned by Safeguard Global and protected by applicable intellectual property laws. You are encouraged to seek professional or legal advice to address any issues, questions or matters arising from the information contained herein.