How To: Move to the U.S. & Get a Work Visa
At Wanderlust Careers, we work with clients across the U.S. and abroad, many of whom are looking to find work in the U.S. and move to the U.S. The U.S. has a lot of rules and regulations comes to international work visas, but there are a lot of options and pathways that can get you here!
What are my Options?
You have several options to work in the U.S. Some of the most common pathways are as follows (but there are many more, too!):
Student Visa + OPT/CPT
Did you know?
You can work (and be paid) while on a student visa in the U.S.!
There are several types of student visas (F1, J1, & M1). Optional Practical Training (OPT) and Circular Practical Training (CPT) are temporary employment permits for work that is directly related to a student’s major area of study.
You can work part-time while you are a student OR get up to 12 months of OPT employment authorization after completing your studies
OPT = a 1-year period during which students with F-1 or M1 status are permitted to work in the US.
CPT = an option to work legally while on a student visa! Maximum = 20 hours/week in 1 academic year. Note: 1-year of full-time CPT eliminates a student’s eligibility for 1 year of OPT after graduation.
OPT & CPT are still considered F1 students. These are work authorizations under the F1 or M1 visa. OPT & CPT work placements must relate to your major. Find out more info here. You need to apply for this visa extension through USCIS website.
If you have earned a degree in a STEM field, you may apply for a 24-month extension of your post-completion OPT (up to 3 years in total)
Be careful: Periods of pre-completion OPT will be deducted from the available period of post-completion OPT. For example, if you have already received 1 year of part-time (20 hours per week) pre-completion OPT, the total time of full-time OPT still available would be reduced by 6 months, 50% of the previously authorized year at the same education level. Find out more here!
Did you know?
The U.S. offers M1 visa for other types of education (e.g., cooking, cosmetology, mechanical education, and other programs that come under “vocational study”).
J1 visas are exchange visitor visas for students, scholars, trainees, interns, au pairs, teachers, professors, research assistants, medical graduates, or international visitors.
The Green Card Lottery
Did you know?
The Diversity Lottery is a pathway to get a U.S. Green Card. It’s free, and you can apply every year for a chance to win.
If you are married or have other family members, everyone who is eligible can apply each year to increase your family’s chances.
You must be eligible by country as well as by education or work experience.
The online registration period for the DV Program typically runs between Oct. 1 and Nov. 3 each year.
Winning the green card lottery does not result in your automatically getting a green card in the mail, it means is that you may have won the opportunity to apply for a green card.
Be careful! There are some scams and fraudulent websites out there, so make sure you are only applying on the official site and not paying anything to apply. Find out more here!
H1B
Did you know?
Any U.S. employer can petition for a H1B visa for you! It takes time, effort, and a fee to petition for an H1B, so your best bet is to build close relationships with your employer via an internship and ask them to support you in an H1B petition/application.
The H-1B is a temporary visa that allows employers to petition for highly educated foreign professionals to work in “specialty occupations” that require at least a bachelor’s degree.
Typically, the initial duration of an H-1B visa classification is 3 years, which may be extended for a maximum of 6 years.
You will need to have a job offer from a U.S. employer for a role that requires “specialty knowledge” (i.e., related to your major and/or intern experience)
Your employer must show that there is a lack of qualified U.S. applicants for the role (i.e., they need to post the job and show that they got few qualified applicants)
H-1B visa holders may apply for a Green Card
Be careful: Because there is a lot of demand for this visa, there is a cap on the number of visas that can be issued each year. Therefore, just because your employer petitions for an H1B for you, you may not get it
Family
Did you know?
If your family member is a U.S. citizen or permanent resident, they can petition for you to join them.
There are two types of family-based immigrant visas:
Immediate Relative – these visas are based on a close family relationship with a U.S. citizen, such as a spouse, child or parent. The number of immigrants in these categories is not limited each fiscal year.
Family Preference – these visas are for specific, more distant, family relationships with a U.S. citizen and some specified relationships with a Lawful Permanent Resident (LPR). The number of immigrants in these categories is limited each fiscal year.
Keep in mind that U.S. citizens can file an immigrant visa petition for their: spouse, son or daughter, parent, brother or sister
U.S. Lawful Permanent Residents can only file an immigrant visa petition for their: spouse, unmarried son or daughter
Other Pathways
There are a variety of other visa pathways to consider, in addition to the information we have laid out here. It will be important to consult with a professional (i.e., an immigration lawyer) to help you to find the best pathway for you to pursue!
For example:
O1 (Artist Visa)
E1 (Investor Visas)
E2 (Stating a Business in the US)
L1 (Managers)
Humanitarian Pathways for Asylum seekers / Refugees
TN (for Mexicans / Canadians)
E3 (for Australians)
…and many more!
If you are looking for an immigration lawyer, we highly recommend working with Baptiste Law Group!
Melissa Katsoris, Esq.
Janelle A. Baptiste, Esq.
Contact us to find out more about our services!
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