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

• Valid passport with at least six months' validity​
• Employment contract specifying job duties, salary, and duration​
• Company registration and letter of intent
• Certified copies of educational and professional qualifications.
• Work visa application (e.g., H-1B for specialty occupations, L-1 for intra-company transfers, or O-1 for individuals with extraordinary ability)
• Completed visa application form and biometric photos​

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.