Many people want to come to the United States to be able to work in their fields. They believe the job market is strong and, as such, they will earn more money if they take a job in this country.
What if you don’t have a job offer yet? In most cases, you must have a specific job offer even to be able to apply for a work visa in the United States.
However, there are some exceptions to this rule. If you want to move to the United States without a job offer, we will explain the available visas you can apply for!
Work Visas Available to Applicants Without a Job Offer
If you don’t have a job offer or an employer to sponsor you, the only option for a work-based visa is to apply for one that allows for a self-petition.
In this case, you will fill out the form and provide all the information. Below are a few popular visas that allow this option.
E-1 Treaty Trader US Work Visa
The E-1 US visa is designed for citizens of a country with a commerce and navigation treaty with the United States. To be eligible, you must conduct influential trade between your country and the United States.
Such trade includes services, goods, insurance, international banking, tourism, technology, and more. The E-1 US Work Visa is valid for up to two years.
It can also be renewed for up to 2 years without limit if you satisfy the criteria. The spouse and children (unmarried and under 21 years of age) of the approved Treaty Trader can apply for E-1 Non-Immigrant status to live in the United States.
E-2 Treaty Investor US Work Visa
Like the E-1 visa, the E-2 US visa is also designed for citizens of a country with a treaty of commerce and navigation with the United States.
It would be best if you made a significant capital investment in a business in the United States. This visa is valid for up to 2 years and can be renewed for up to 2 years without any limit as long as you satisfy the criteria.
The approved Treaty Investor’s spouse and children (unmarried and under 21) can apply for E-2 Non-Immigrant status to live in the USA.
EB-1A
The EB-1A visa is for individuals with extraordinary abilities. Due to strict restrictions, obtaining this visa can take time and effort.
Generally, you must be an expert in your field to the extent that you can show that you have won several industry awards. These prizes might come from any country and can be given to individuals or teams.
In addition, you must be a member of an organization with strict membership requirements that do not allow paid enrollment.
Lastly, those with exceptional talent must typically have a list of publications within the industry to which they have contributed, such as trade magazines or scholarly journals.
EB-2 National Interest Waiver
The EB-2 visa category applies to those who seek a work visa due to their extraordinary talent or academic credentials. A variant of this visa, the National Interest Waiver, permits self-petitioning instead of requiring employer sponsorship.
You must demonstrate that waiving the job offer criterion would be in the best interests of the country to be qualified for this option.
EB-5 Immigrant Investor Visa
Immigration by investment visas includes the EB-5. Candidates can only apply for the desired green card if they have met the standards and made a financial commitment to initiatives in the United States.
Direct investment and Regional Center programs are the two categories of the EB-5 visas. When you choose the direct investment option, you actively contribute to the project’s development.
On the other hand, a Regional Center will use your funds to invest in an already-existing enterprise.
O-1
The O-1 visa is a particular visa category based on extraordinary ability.
To be eligible for this option, you must demonstrate exceptional talent in one of the following fields: sports, the arts, business, education, the film or television industry, or the sciences.
The best way to demonstrate your exceptional talent will depend on your line of work, but generally, publications and national or international recognition are what the immigration office looks for.
Why is a Job Offer Required for a Work Visa?
A specific job offer from a particular employer is usually required for a work visa because the employer is your sponsor.
Your company must submit the necessary documentation to petition for your approval as an alien worker to have your visa considered under these alternatives.
When the employer fills out this form, they may need to demonstrate that hiring foreign workers will not affect US citizens’ ability to get employment.
The US government wants to ensure that foreign workers aren’t coming in at the expense of citizens finding gainful employment.
Is it Difficult to Get a US Work Visa?
The degree of difficulty of a US work visa varies based on several criteria, including the type of visa in question—visas such as the EB-1A are infamously selective.
The quality of your application is also essential because a successful application must carefully detail your qualifications. Furthermore, there can be a wide range of processing timetables, with wait times ranging from 2 – 12 months.
The Process of Applying for a Work Visa Without a Job Offer
Each of these visa possibilities has a different process. You must complete the visa self-petition and submit supporting evidence proving your eligibility for extraordinary ability or national interest.
You can enter the country and apply for permanent residency if your visa is granted. Other conditions can include completing fingerprints or attending an immigration officer interview.
Wrapping Up
Obtaining a US work visa without a job offer beforehand is feasible, but it will require careful planning, thorough investigation, and a compelling resume.
If you’re serious about working in the United States, it’s worth looking into these specific visa alternatives.
A knowledgeable immigration lawyer can be an excellent resource for advising you on the best course of action and increasing your chances of success!
Frequently Asked Questions
How much money is required for a work visa in the USA?
The application processing fee for a US Visa that does not require a petition is $160; the fee for a US Visa that requires a petition to be filed is $190, and the cost for an EB-1 Immigrant Visa is $345.
If the Form I-140 petition is filed, USCIS will charge a $700 processing fee. Please note that the processing fees for the other types of US Visas are different.
Can you work in the US while waiting for a work visa?
Generally, a foreign national can only work in the USA with the relevant US Work Visa or a Permanent Resident Green Card.
What are the visa options for immigrating to the USA without a job offer?
There are several visa options for immigrating to the United States without a job offer.
These options include family-sponsored visas for close relatives, the Diversity Visa (DV) Lottery for nationals from low-immigration countries, investor visas like the EB-5 visa program and the E-2 Treaty Investor Visa.
Also included are the student visas for those accepted into US educational institutions and country-specific visa lotteries based on agreements with the US. Each option has specific requirements and eligibility criteria.
Can I apply for a Green Card without a job offer in the United States?
Yes, applying for a green card in the United States is possible without a job offer. Some of the options for qualifying for the Green Card are outlined above.
It is essential to seek counsel from a qualified immigration lawyer or advisor before submitting a permanent residence application. You can also get up-to-date information from the USCIS website.
Can you apply for a work visa in the United States without a job offer?
In most cases, you cannot. To apply for a work visa in the US, you must secure a job offer, which is a crucial step.
If you don’t secure a specific job offer, the only option for a work-based visa is to apply for one that allows for a self-petition.
Where self-petition visas are concerned, you are filling out the form and providing all the information about yourself. However, this is a much more complicated route to obtaining a work visa.