Detailed instructions for applying for a work visa in the US (2025)




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- 1. Conditions for applying for a work visa in the US
- 2. Types of work visas in the US
- 3. Process and procedures for applying for a work visa in the US
- 4. Why are US work visas denied?
- 5. How does GLA support Individuals/Businesses to apply for work visas in the US?
- 6. Frequently asked questions about applying for a work visa in the US
Obtaining a US work visa is an important step to opening up career development opportunities, working at an American company and experiencing a professional environment in one of the world's leading countries.
The article below will provide detailed, clear and easy-to-understand information about the visa application process, helping you to fully prepare and increase the success rate of your ability to be approved for a work visa in the US.
1. Conditions for applying for a work visa in the US
To be able to work in the US, you need to apply for a work visa, of which there are two main types:
- Nonimmigrant Work Visa: For temporary workers.
- Immigrant Work Visa: For official employees sponsored by a company in the US.
Here are the basic requirements for applying for a work visa in the US:
- Valid job offer: You need a job offer or employment contract from an employer in the US. This is a prerequisite because the employer will play an important role in the application and sponsorship process.
- USCIS Approved Petition: U.S. employers must file a Petition for Nonimmigrant Worker (Form I-129) with the U.S. Citizenship and Immigration Services (USCIS). This petition must be approved before you can apply for a visa.
- Labor certification from the U.S. Department of Labor (DOL): Some visa categories, such as the H-1B, H-1B1, H-2A, and H-2B, require employers to obtain a labor certification from the DOL. This is proof that the job will not affect U.S. workers.
- Relevant qualifications and skills: You must demonstrate that you have the relevant education, skills or experience for the job. Employers will often ask for relevant certificates, diplomas or experience records.
- Prepare complete documents: Work visa application requires documents such as:
- Valid passport.
- Completed visa application form.
- Photo ID in accordance with regulations.
- Job offer letter or employment contract.
- Academic and professional certificates.
- Detailed resume or CV.
- Health certificate (if required).
- Clean criminal record.
- Proof of finances (such as bank statements).
- Visa application fee: You will need to pay the full fees associated with your visa application.
- Other requirements: Depending on your visa type and job position, you may need:
- Proof of English or language proficiency required.
- Proof that you have sufficient health and financial resources to live in the United States during your employment.
It is important that applicants carefully review the specific requirements of their target country and visa type, as requirements may vary and there may be additional nuances not covered in this general overview.
2. Types of work visas in the US
2.1 Temporary Work Visas (Nonimmigrant Visas)
A temporary visa allows a foreign national to come to the United States to work for a limited period of time. To apply for this type of visa, your employer must first apply for work authorization on your behalf. Here are some common types of temporary visas:
1. O Visa
For applicants with exceptional ability or achievement in the sciences, arts, education, business or athletics; or for applicants with international recognition in the field of motion pictures and television. This visa includes the personal support persons listed above.
2. H Visa
H-1B1 Visa: Free Trade Agreement (FTA)
For applicants from Chile or Singapore working in a professional occupation, the applicant must have at least a bachelor's degree or equivalent experience in the professional field.
H-1B Visa: Specialty Occupations in Fields Requiring Highly Specialized Knowledge
For applicants working in a specialty occupation. Applicants must have at least a bachelor's degree or equivalent experience in a specialty occupation. Includes fashion models, physicians, and DOD project participants.
H-2B Visa: Temporary workers performing services or other work of a temporary or seasonal nature.
For applicants working in temporary or seasonal non-agricultural work. Only citizens or permanent residents of designated countries are eligible for this visa. There are some limited exceptions.
3. L Visa
For people working in managerial or executive positions in affiliated companies.
For applicants working in a managerial or executive position; or applicants working in a position requiring specialized knowledge. The applicant must be a branch, parent company, affiliate or subsidiary of the applicant's current company. The applicant must have worked for the same company abroad for 1 year in the previous three years.
4. B-1 Visa
For those engaged in short-term business activities in the US.
- Length of stay: Maximum 6 months.
You may qualify for a B-1 visa if you will be engaging in trade or professional business activities in the United States, including:
- Consulting and negotiating with business partners,
- Attend conferences, seminars, professional or academic events.
- Resolve issues related to heritage.
- Negotiate and sign contracts.
- Participate in short-term training courses.
- Transit in the US: For some special cases such as individuals who are crew members, a B-1 visa can be used to transit in the US.
Conditions for successful B-1 visa issuance:
To qualify for a B-1 visa, you must demonstrate the following:
- Purpose of Travel: Travel to the United States for legitimate business purposes, such as attending a conference, negotiating a contract, or handling work-related matters.
- Length of stay: Have a specific plan for when you will enter and leave the US. The length of stay must be consistent with the purpose of your trip and not exceed the permitted period.
- Financial capacity: Proof of sufficient funds to cover the entire cost of the trip, including airfare, accommodation, meals and other incidental expenses.
- Homeland Ties: Having strong ties to the home country, such as a stable job, assets, family, etc. to ensure returning to the country after the trip ends.
- Compliance: Meet all other requirements of U.S. immigration law, including health and criminal record requirements.
2.2 Immigration visas in the US
1. E1 Visa: Priority Workers
- People with extraordinary ability in the sciences, arts, education, business, or athletics may apply to immigrate to the United States. To demonstrate ability, applicants need extensive evidence of international recognition in the field of expertise and do not need a specific job offer if the purpose of entry is to continue related work.
- Distinguished professors and researchers need at least three years of experience. They must be invited to the US to teach or conduct research at a university. Employers will apply for work visas for them.
- Managers or executives who have worked for a US company abroad for at least 3 years and must continue to work in the same position in the US. The company must provide an invitation and apply for a work visa for the employee as required.
2. E2 Visa: Professionals with Advanced Degrees
E2 Visa: Advanced Professionals and Persons of Extraordinary Ability
The applicant needs a labor certification and a job offer. The U.S. employer files the I-140. A waiver can be obtained if the waiver is in the national interest. Once the waiver is granted, the applicant files the I-140 with evidence.
E2 visas are divided into two groups:
- Professional possessing an advanced degree (higher than a bachelor's degree) or a bachelor's degree and at least five years of continuous experience in the profession.
- A person of extraordinary ability in a science, art or business. Extraordinary ability means having a level of expertise beyond the ordinary in a science, art or business.
3. E3 Visa
This visa is for individuals with skilled, specialized or unskilled jobs. Only a limited number of people are granted this visa each year.
Includes the following three groups of subjects:
- Professionals are those in occupations that require at least a bachelor's degree from a U.S. college or university or its foreign equivalent.
- Skilled workers are those whose jobs require at least 2 years of training or work experience that is not temporary or seasonal.
- Unskilled Workers (Other Workers) are those who are capable of filling positions requiring less than two years of training or experience that are not temporary or seasonal.
4. E5 Visa: Immigrant Investor
The E-5 immigrant investor visa is for foreign investors to invest capital in new commercial enterprises in the United States to create jobs.
To qualify for an E-5 visa, a foreign investor must invest a minimum amount of capital in a qualifying commercial enterprise:
- $1,000,000 USD: Invest in any area in the US
- $500,000 USD: Investment in a target area, such as rural areas or areas with high unemployment rates.
This commercial enterprise must create at least 10 full-time jobs for U.S. citizens or lawful permanent residents within two years.
Types of E-5 immigrant investor visas include:
- E-C5: Investment in non-target area.
- E-T5: Investment in target area.
To apply for an E-5 visa, an investor must file an I-526 petition with the United States Citizenship and Immigration Services (USCIS). Once the I-526 petition is approved, the investor can apply for an immigrant visa at a U.S. Embassy or Consulate. It is important to note that immigrant investors do not need a labor certification.
3. Process and procedures for applying for a work visa in the US
Step 1: Determine visa type
- Nonimmigrant visa: Allows you to work in the United States for a limited period of time, usually to work on a specific project or for a specific company. Common types of nonimmigrant visas include H-1B (for professionals), L-1 (for transfer employees), O-1 (for people with exceptional talent), etc.
- Immigrant Visa: Allows you to live permanently in the United States and work here. Immigrant visas are usually for people with special skills or those sponsored by an employer.
Step 2: Check passport
Your passport must be valid for at least six months beyond your stay in the United States and have a blank page for your visa. Likewise, the U.S. Border Patrol (CBP) recommends having an additional blank page in your passport for your entry stamp.
Step 3: Labor certification
Some visa categories require approved labor certification. First, the employer must file a labor certification application with the Department of Labor.
The employer can then file a Temporary Worker Visa application, Form I-129, with USCIS.
Step 4: Prepare documents before interview
When attending an interview for a work visa in the US, it is extremely important to prepare all the necessary documents. This not only shows professionalism but also helps the interview process go more smoothly.
Below is a list of documents you need to prepare:
- Passport: Passport valid for at least 6 months from the expected date of departure from the US and has enough blank pages for visa.
- Form DS-160: Print out the confirmation page of the online visa application form DS-160 for individuals applying for a nonimmigrant visa to the United States.
- Photo: One 5x5 cm color photo, white background, taken within the last 6 months.
- Letter of recommendation/invitation from employer: A letter of recommendation from an employer in the US will help increase the persuasiveness of your profile.
- Interview Invitation Letter: This is the official letter sent to you after you schedule an interview appointment.
- Fee receipt: If you have paid a visa fee, bring your receipt with you.
- Documents proving ties to the homeland: These can be household registration books, marriage certificates, children's birth certificates, real estate ownership documents, documents proving current employment in Vietnam, savings books, etc. The purpose of providing these documents is to prove that you intend to return to Vietnam after completing your work period in the US (except for H-1B and L visas).
Bước 5: Phỏng vấn
Applicants under a certain age may not be required to be interviewed, specifically:
- Under 13 years old: No interview required;
- 14-79 years old: Required (some exceptions for renewal);
- Over 80 years old: no interview required.
You will be invited to an interview at the US Consulate. During the interview, you will be asked about the purpose of your trip, your work, and your connections to your home country.
However, if an individual applies for a US immigrant visa, he or she must undergo a Medical Examination and Vaccination.
Step 6: Get the result
After the interview, you will be notified of the outcome of your application. If approved, you will receive a visa.
4. Why are US work visas denied?
The issuance of work visas to the United States follows a strict review process. After submitting your application, your file will be carefully reviewed by a consular officer. The final decision will be based on standards set forth in U.S. law.
Here are some of the most common reasons why US work visa applications are denied:
Incomplete profile
- Missing Documents: You have not provided all required documents such as passport, DS-160 form, photo, job offer letter, etc.
- Inaccurate Information: The information you provided in the application is inaccurate or contradictory.
Unable to prove purpose of entry
- Insufficient Evidence: You cannot convincingly demonstrate that you will return to your home country after your employment in the United States ends.
- Inappropriate Career: The job you are applying for does not match your qualifications and experience.
Background issues
- Criminal record: You have a criminal record or convictions involving serious crimes such as drugs, violence, or crimes involving moral turpitude.
- Immigration violations: You have violated US immigration laws, such as overstaying your permit or working illegally.
Financial problems
Unable to demonstrate financial means: You cannot demonstrate that you have sufficient funds to cover your living expenses while in the US.
National security concerns
Involvement in terrorist activities: If you are involved in terrorist activities or extremist organizations, you will be refused a visa.
Other reasons
- Health: If you have certain dangerous infectious diseases, you may be refused a visa.
- Fraud: If you are found to have committed fraud during the visa application process, you will be denied and may be banned from entering the United States in the future.
5. How does GLA support Individuals/Businesses to apply for work visas in the US?
GLA has extensive experience in consulting on company establishment and work permit application in various countries, especially Singapore, America, Hong Kong, will assist with applying for a work visa in the US, including:
- Directly discuss with you to understand your goals, career, qualifications and experience, from there advise the most suitable type of work visa.
- Conduct an assessment of your application to determine your visa eligibility and provide recommendations to increase your chances of success.
- Support you in preparing all necessary documents as required by the US Immigration Service (USCIS), ensuring accuracy and professionalism.
- Your representative submits your application to USCIS, monitors the review process, and notifies you of the outcome.
- Providing you with the latest information on visa regulations, changes in policies and procedures, keeping you informed.
Contact GLA for support and detailed advice on the US work visa that is right for you and increases your success rate, ensuring your application fully meets the strict requirements of the consular agency when applying for a US work visa.
6. Frequently asked questions about applying for a work visa in the US
1. What types of work visas are there in the US?
There are two main types of work visas in the US:
- Nonimmigrant visa: Allows you to work in the United States for a limited period of time, usually to work on a specific project or for a specific company.
- Immigrant visa: Allows you to permanently reside in the US and work here.
2. Can my family members get immigrant visas in the US?
Yes, your spouse and unmarried children under 21 years of age can apply for a permanent resident visa with you, if your application has been approved. However, they will need to complete administrative procedures such as filling out an application, paying fees and undergoing medical examinations.
3. Can I reapply for a visa?
You can reapply for a visa after being refused, but you will need to demonstrate that there have been significant changes in your circumstances since your previous application, especially if you were refused on the grounds of Section 214(b) of the U.S. Immigration and Nationality Act (INA).
4. Who is eligible to work in the US?
All U.S. citizens and permanent residents are eligible to work in the United States without needing to apply for a work permit.
However, if a foreign national wants to enter the United States for work purposes, they must apply for the appropriate work visa. Most work visas in the United States require a job offer from a US-based employer, and a US visa sponsorship for you.
5. What is a work permit?
A US work permit is called a Employment Authorization Document (EAD) and can be issued immediately after your visa is approved. The EAD allows you to legally work for any US company as long as your visa is valid.

- Common types of work visas: Temporary visas (H-1B, L-1, O-1, etc.) and immigrant visas (E-1, E-2, E-5, etc.).
- Requirements for a US work visa: To apply for a US work visa, you need a valid job offer, demonstrate appropriate qualifications and skills, and prepare a complete application.
- Reasons for visa refusal: Common reasons for visa refusal include incomplete documents, failure to prove purpose of entry, background and financial issues.

This article was published by GLA on 06/12/2024. Copyright and accompanying content are intellectual property of GLA. All rights reserved.
The guidance and content are for general information only and are not intended to provide specific guidance and advice on accounting, tax, legal or other professional advice. Readers should consult professional advisors on specific issues.