travel to usa with work visa

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Temporary (Nonimmigrant) Workers

ALERT: USCIS is working with U.S. Customs and Border Protection and the Department of State to more efficiently facilitate certain employment-based nonimmigrant visas for eligible noncitizens who have graduated from an accredited U.S. institution of higher education.

For more information on the process to obtain a 212(d)(3) waiver, please see the DOS Foreign Affairs Manual, Volume 9 and the DOS Easing the Nonimmigrant Visa Process for U.S. College Graduates page.

ALERT : As of Jan. 30, 2022, USCIS and U.S. Customs and Border Protection (CBP) began issuing Forms I-94, Arrival/Departure Record, with the following new class of admission (COA) codes for certain E and L spouses: E-1S, E-2S, E-3S, and L-2S. An unexpired Form I-94 reflecting one of these new codes is acceptable as evidence of employment authorization for spouses under List C of Form I-9, Employment Eligibility Verification.

USCIS will mail notices on or about April 1, 2022, to E and L spouses age 21 or over who have an unexpired Form I-94 that USCIS issued before Jan. 30, 2022. This notice, along with an unexpired Form I-94 reflecting E-1, E-2, E-3, E-3D, E-3R, or L-2 nonimmigrant status, will serve as evidence of employment authorization for Form I-9, Employment Eligibility Verification, purposes. If you are an E or L spouse and under 21, or if you have not received your notice by April 30, email [email protected] to request a notice.

USCIS will only send notices to qualifying spouses who received a Form I-94 from USCIS. Individuals who received their Form I-94 from CBP at the time of their entry into the United States should visit https://i94.cbp.dhs.gov/I94/#/home .

In order for you to come to the United States lawfully as a nonimmigrant to work temporarily, your prospective employer must generally file a nonimmigrant petition on your behalf with USCIS 1 .

Spouses and Children Seeking Dependent Nonimmigrant Classification

Spouses and children who qualify for dependent nonimmigrant classification of a temporary worker and who are outside of the United States should apply directly at a U.S. consulate for a visa, unless exempt.

Spouses and children requesting a change of status or extension of stay in a dependent nonimmigrant classification must file Form I-539, Application to Extend/Change Nonimmigrant Status .  Please see the Form I-539 instructions for further information on filing procedures for this application.

Federal U.S. Tax Information

Noncitizens employed in the United States may have a U.S. tax obligation. See the   Taxation of Nonresident Aliens page on the Internal Revenue Service (IRS) website for more information.

Social Security Number Information

In general, only noncitizens who have permission from DHS to work can apply for a Social Security number.  Find additional information about Foreign Workers and Social Security Numbers (PDF)  on the Social Security Administration  website. 

  1   Only a few nonimmigrant classifications allow you to work in this country without an employer having first filed a petition on your behalf.  Such classifications include the nonimmigrant E-1, E-2, E-3 and TN classifications, as well as, in certain instances, the F-1 and M-1 student and J-1 exchange visitor classifications. You should refer to the USCIS webpage for your classification to determine whether you must obtain employment authorization before beginning work.

  2   The H-1C nonimmigrant classification expired on Dec. 20, 2009.

  3   Certain E and L dependent spouses are considered employment authorized incident to status. As of Jan. 30, 2022, USCIS and CBP began issuing Forms I-94 with the following new COA codes for certain E and L spouses: E-1S, E-2S, E-3S, and L-2S. An unexpired Form I-94 reflecting one of these new codes is acceptable as evidence of employment authorization for spouses under List C of Form I-9, Employment Eligibility Verification. USCIS will send E and L spouses with a Form I-94 issued by USCIS before January 30, 2022 that was notated with E-1, E-2, E-3, E-3D, E-3R, or L-2 nonimmigrant status and who are employment authorized incident to status a notice regarding the new COA codes that, together with an unexpired Form I-94 reflecting E-1, E-2, E-3, E-3D, E-3R, or L-2 nonimmigrant status, serves as evidence of employment authorization under List C of Form I-9. For more information, see this web alert . E and L spouses who are employment authorized incident to status are no longer required to request employment authorization by filing   Form I-765, Application for Employment Authorization ,   with fee, but they may continue to file Form I-765 if they choose to receive an Employment Authorization Document (Form I-766 EAD).

  4  Though the Immigration and Nationality Act (INA) does not provide a specific nonimmigrant classification for dependents of Q-1 nonimmigrants, this does not preclude the spouse or child of a Q-1 from entering the U.S. in another nonimmigrant classification.

• Go to the USA
• For Work Exchange

Work & Travel USA

CIEE Work & Travel USA is the longest-running program of its kind, and there’s a reason why we sponsor more participants than any other organization. Whether you’re a visiting student or an employer, CIEE delivers unmatched support and the best international exchange experiences.

Simple From Start to Finish

Finding a seasonal job, hiring, obtaining a visa, getting ready for the trip, dealing with taxes and paychecks, complying with regulations – a work and travel experience can be complicated. It doesn’t have to be. And with CIEE Work & Travel USA, it isn’t.

Simple Hiring Process

CIEE works with more than 70 of the most reputable international representatives in the world. We make hiring easy through our own overseas job fairs, dedicated recruiters, and virtual hiring services. Each candidate is pre-screened for English skills, a positive attitude, and team spirit. Students are confident they will fit in, and employers are assured of getting productive seasonal team members.

Thorough Preparation

We take the time to make sure every student is ready for his or her cultural exchange experience, months ahead of departure. We walk them through the process with clear instruction and assistance for everything from obtaining a visa to travel advice. There’s also an in-depth online orientation about living and working in the United States.

Constant Communication

CIEE remains in touch with all of the CIEE Work & Travel USA students throughout the program. We offer tips on living in America, reminders about regulations, and great information on how to make the most of their American experience. There is also a CIEE Work & Travel USA community on Facebook where students can connect and share their journey of discovery with the world.

What People are Saying

CIEE WORK & TRAVEL USA IS A GREAT OPPORTUNITY to work with American people and learn something new. The journey was incredible! 

Todor K., student from Bulgaria

Ready to change your life?

Connecting global leaders, creating lasting impact.

Led by the U.S. Department of State in partnership with organizations like CIEE, BridgeUSA brings together the next generation of current and emerging young leaders through unmatched cultural and professional exchange programs.    Learn more about BridgeUSA

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• Adjustment of Status
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US Work Visa And US Work Permit:

Are they different, introduction.

People often confuse the terms “work visa” and “work permit” . In order for a foreign national to work in the U.S., one or the other is required.

But which one do you need? Let’s take a closer look at these terms and see which one is right for you.

1. Work Visa For USA

The US issues different types of visas that relate to the principal purpose of a foreign national’s trip to the US. A temporary US work visa allows an individual to enter the US to take up employment as opposed to, for example, a US visitor visa, which is issued for the purpose of visiting the US.

A temporary US work visa can be defined as an endorsement by immigration authorities giving the applicant permission to enter the US in order to work. It denotes that a foreign national has applied, been examined, and approved for the visa being sought.

A foreign national who seeks to enter the US on a work visa must obtain a US visa stamp from a U.S. Embassy or Consulate, which is placed on the applicant’s passport. The US visa allows the foreign national to travel to a US port of entry, airport or land border crossing and request permission to enter the US. While the US visa does not guarantee entry to the US, it does indicate that a consular officer at a US Embassy or Consulate abroad has determined that the foreign is eligible to seek entry into the US for a specific purpose.

Hence, the US work visa allows you to seek entry into the US in order to work.

DID YOU KNOW? Most US work visas require that a US employer file a petition with US Citizenship & Immigration Services. The petition must be approved before applying for the work visas.

2. Types Of US Work Visas

There are many types of US work visa, each suited for a specific purpose of travel and/or nature of employment. The most common types are:

• H-1B Visa for Specialty Occupations workers
• H-1B1 Visa for Specialty Occupations workers from Chile or Singapore
• H-2A Visa for Temporary Agricultural workers
• H-2B Visa for Temporary Non-agricultural workers
• E-1 Visa for Treaty Traders
• E-2 Visa for Treaty Investors
• E-3 Visa for Specialty Occupation workers from Australia
• TN Visa for NAFTA professional workers from Canada and Mexico
• P Visa for Athletes, Artists, Entertainers
• Visa for Extraordinary Artists, Teachers, Scientists and Businesspersons
• J visa for Exchange Visitors
• R Visa for Religious workers

3. Work Permit For USA

The Work Permit (or “Employment Authorization Document”) is a card issued by U.S. Citizenship & Immigration Services authorizing the foreign national holder of the card to work in the U.S. The employment authorization document or EAD is commonly referred to as the “work permit.”

The US work permit allows foreign nationals to work in the U.S. for any employer, generally without restriction. Obtaining a work permit from USCIS denotes that the foreign national is in the U.S. in a status that makes him or her eligible for the work permit.

In order to obtain the work permit, the eligible foreign national must file the Form I-765 with USCIS while present in the U.S.

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4. Who Is Eligible For A Work Permit?

US immigration law is very specific about who can be issued an EAD or work permit. Those eligible for a US work permit include, but are not limited to:

• F-1 students seeking Optional Practical Training or who have been offered off-campus employment under the sponsorship of a qualifying international organization, or seeking off-campus employment due to severe economic hardship
• E-1/E-2 Dependent Spouse of an E-1/E-2 Treaty Trader or Investor
• L-2 Spouse of an L-1 Intra-Company Transferee
• H-4 Spouse of an H-1B Specialty Occupation worker (in certain circumstances)
• J-2 Spouse or minor child of a J-1 Exchange Visitor
• Adjustment of Status applicant
• Eligible Dependents of Employees of Diplomatic Missions, International Organizations, or NATO
• B-1 nonimmigrant domestic servant of a nonimmigrant employer
• B-1 nonimmigrant domestic servant of a U.S. citizen
• Persons in or applying for temporary protected status
• Asylees/Refugees and their spouses and children

DID YOU KNOW? Those who enter the U.S. with a work visa or obtain work visa status in the U.S. are authorized to work incident to their status. That means they are authorized to work because they hold the particular work visa status and do not need a separate EAD or work permit. Those who require a work permit must wait until they obtain the Employment Authorization Document in order to start working.

Let’s look at some real-world examples to see whether a work visa or work permit is required:

• John was born in Tulsa, Oklahoma. Since he is a US citizen he does not need work authorization to work in the U.S.
• Bill is a national of the United Kingdom. He entered the US on an L-1A work visa to head up the finance department of a subsidiary of the company that he works for in the UK. His L-1 visa is a work visa that allows him to work for a specific employer. He only needs to provide his visa and I-94 showing his entry in L-1A status to start work for the U.S. Company.
• Susan is here with her husband Pierre. Pierre is the executive chef at an exclusive French restaurant that is owned by the company that he has worked for since 1987. Pierre entered the US on an E-2 visa since his company invested a substantial amount of money to get the restaurant up and running. Susan is getting bored at home and wants to start working. She was an accountant in France before she and Pierre moved to the US. Susan’s visa does not allow her to just start working in the US. However, as an E-2 dependent spouse of an E-2 employee, she is eligible for a work permit. She will have to apply for and receive the Employment Authorization Document (EAD) before she can work.
• Fred is in the US is F-2 status (his wife is enrolled in a University and is studying software engineer). Unfortunately for Fred, the F-2 spouse of an F-1 visa holder cannot get a work permit. He will not be able to work in the US unless he can qualify for a work visa of his own.

5. Who Does Not Need A Work Visa or Work Permit (EAD) To Work In The US?

US citizens and Lawful Permanent Residents do not need any type of “work permit” or “work visa” to work in the U.S. US citizens have the right to work anywhere in the U.S. and for anyone. Lawful permanent residents (and conditional residents) also have the right to work anywhere in the U.S. and for anyone (except in jobs that are open only to US citizens). The “Green Card” is proof of their right to live and work permanently in the U.S.

6. How Do I Apply For Employment Authorization Document (EAD)?

Employment Authorization Document (Work Permit) is applied for by using USCIS Form I-765, Application for Employment Authorization. The application is submitted, together with supporting documentation, to the office with jurisdiction over the category that you qualify for. This could include one of the USCIS Service Centers, the National Benefits Center, or in some cases with the US State Department (who will then forward the application to the USCIS).

Though a US work visa and US work permit appear to be leading to the same goal of employment in US, they differ in many distinct ways.

As much as you may wish to work in the U.S., however, you must be eligible under one of specific categories that allows you to work during the authorized stay in the US. In some of these categories, your work visa will give you the authorization to work as soon as you enter the U.S. For other categories, you will need to obtain the work permit (or Employment Authorization Document) before you can commence employment.

Our experienced immigration lawyers are happy to assist you in determining your eligibility for a US work visa or a work permit, and help you obtain permission to work in the U.S. Schedule A Free Consultation Today >>

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J-1 Visa Summer Work Travel Program

• At-a-Glance

College and University students enrolled full time and pursuing studies at post-secondary accredited academic institutions located outside the United States come to the United States to share their culture and ideas with people of the United States through temporary work and travel opportunities.

The Summer Work Travel program provides foreign students with an opportunity to live and work in the United States during their summer vacation from college or university to experience and to be exposed to the people and way of life in the United States.

Program Length

Eligibility and application overview.

• Sufficiently proficient in English to successfully interact in an English speaking environment;
• Post-secondary school students enrolled in and actively pursuing a degree or other full-time course of study at an accredited classroom based, post-secondary educational institution outside the United States;
• Have successfully completed at least one semester or equivalent of post-secondary academic study; and
• Pre-placed in a job prior to entry unless from a visa waiver country.

Participants must first find a  Summer Work Travel Designated Sponsor .

Visit the   J1Visa website  for information on how to apply.  

Program Profile

Related programs, find more programs, recently viewed programs, search our exchange programs, economic impact in u.s.a..

Find out the impact of ECA exchange programs and initiatives in each U.S. state.

• American Summers

Summer Work & Travel Program

Expand your horizons — live and work in the us over your university break.

IENA’s Summer Work and Travel program provides the opportunity for university students to live, work and travel for up to 4-months in the US.

Living and working among Americans is a great opportunity to gain great insight into life and culture in the US, make friends, and improve your English skills. At the end of your program you’ll have the opportunity to travel around the US for up to 30 days. Summer Work and Travel programs last up to four months, with an opportunity for up to one month of travel after your job ends, depending upon your university schedule. IENA will be your program sponsor and provide support before and during your stay in the US.

Create lasting memories with Work & Travel!

In the US summer, you might work…

• At the beach
• In amusement or water parks
• In hospitality

In the US winter, you might work…

• At a ski resort
• In a restaurant

Application and Fees

Application information.

To apply to the Summer, Work and Travel Program, you must be:

• Proficient in English (oral and written)
• Enrolled full time in a college or university course
• Excited about experiencing American culture

What your program includes

• High quality service and support from start to finish
• Optional job placement
• 24/7 emergency line
• Visa assistance
• Insurance for your entire stay in the US

IENA works with certified international partners around   the world.   Please e-mail us at [email protected] to connect you with one of our partners who will guide you through the process in your home country

Travel Information

On the move in the us.

Aim to live close to where you work. Walking and biking allows you to get to know your neighborhood and city. You will stay physically active and save on transportation costs.

For longer trips, try public transportation in your area or rideshare services like Uber and Lyft. Local taxi services offer direct service.

Pre-arrival

Participants will arrange their own transportation to and from the US, and to their housing/destination Check with your recruiter for information on flight deals.

If your employer doesn’t have a shuttle, you may be able to arrange public transportation to/from the airport to your destination. Ask IENA or your recruiter for help in identifying public transportation options.

Participant Resources

What to see in the usa.

• Sporting events
• Historical sites
• Oceans, lakes, and rivers
• National/state/local parks and recreation areas
• Major cities/nearby cities
• Amusement/water parks

The following SEVIS Validation Information is for Exchange Visitors who are sponsored by IENA ONLY and participating in our Summer Work and Travel Program, including Summer Camp Support Staff.

If the Sponsor listed on your DS-2019 is not IENA, please STOP and contact your sponsor.

Frequently Asked Questions

We know traveling to a new country for work can raise a lot of questions. Check out our useful FAQs or reach out with questions

You are going to hear several terms for different forms etc. during the process. Here is our IENAipedia to those forms:

The J-1 Summer Work and Travel Visa:  This J-1 Visa is a government program that allows qualified full time students to share their cultures and ideas with the people of the United States. The J-1 Summer Work and Travel Visa is for individuals approved to participate in work-and study-based exchange visitor programs. This program is run by the US Department of State .

DS-2019 Form:  This form can only be issued by a US Department of State designated visa sponsor. IENA is one of those. It certifies that you are eligible to take part in the cultural exchange program and is a vital part of the application process. In essence, it is evidence that you have a bona-fide job offer in the USA. You will need it for your embassy appointment AND you will need it when you enter into the USA. Guard it as you would guard your passport.

SEVIS Receipt (or SEVIS I-901 Receipt):  SEVIS stands for “Student Exchange Visitor Information System”. It is a system by which the US Department of State keeps track of you on the program. You will need this form when you visit the embassy for your interview

WHAT PAPERWORK WILL THE EMPLOYER REQUIRE? Social Security:  The US Government requires all employees to apply for a Social Security Number. Your employer will help you do this upon your arrival, however, you MUST validate your arrival via your IENA account BEFORE you can apply. Once done, you will need to visit the local Social Security office. You must obtain a Social Security Card. If you already have one, then that’s yours for life.

Form I-9: All employees, foreign and domestic, are required to complete this form for each employer. It is a straightforward form and you will need your passport (including J-1 Visa) and your DS-2019. Your employer will help you complete this.

Form I-94: This is your arrival and departure record. It is a good idea to print this when you get settled and keep it with you. You cannot print it until after you have arrived in the USA. It can be printed here

W-4:  This form is for tax purposes. Your employer may withhold a small amount of taxes from your salary. You ARE entitled to claim some of this back because you are not a resident of the USA. IENA partner with taxback.com to make claiming back the taxes as simple as possible DO I HAVE HEALTHCARE IN AMERICA?

As you may be aware, health care is not free in the USA. You must have medical insurance. We have that covered for you. There are however some terminology and procedures it is handy to know:

Co-payment:  This is like your car insurance excess. Its an amount you always have to pay when you have treatment. For non-Emergency Room Visits, the Co-pay is $50. Whenever possible. You should always call the 800 number (free call) on the back of your insurance and discuss your symptoms before visiting a doctor. They can best advise you whether to visit a doctor and if so, where the closest clinic is.

Workers Compensation:  Whilst you are at work and carrying out your duties at work, you are covered by this insurance. This means if you have an injury/illness caused by or related to your work, you are covered by this insurance which is held by your employer. Our insurance is for non-work related cases, or injuries/illnesses that occur while on days off and while you are traveling.

Emergency Room: It’s the same thing as the A & E and is for serious injury or illness that requires immediate attention.  There is no co-pay or deductible for this if the injury/illness is deemed life threatening or requires an overnight stay. In all other cases, there will be a $350 Copay, so you should go to a walk-in clinic whenever possible.

Pre-Existing Conditions:  If you have a condition that has been treated, or you take regular medication for, in the past 6 months, it will NOT be covered by this insurance.

Here you can find more details on your insurance policy .

SOCIAL MEDIA AND YOUR ONLINE PRESENCE

When it comes to social media and American culture, there are a few things you need to be aware of. Employers have withdrawn job offers to participants before they have even arrived in the USA due to things they have found on social media. Please be aware of how you portray yourself. You are going to America to be professionally employed and your public presence should reflect that. We highly recommend you make all your social media private.

Remember, even something someone else tags you in or photos someone else posts of you can have an impact on someone’s impression of you. As a general rule of thumb, think “Would I want my parents or grandparents to see this?”

Each employer will have their own set of rules with regards to social media once you arrive.

CAN I LEAVE MY EMPLOYER OR SWITCH JOBS

IENA recognizes there are several reasons why you may leave your job.

Getting Fired

Break the rules and you may be fired. This is a job just like a job at home.  As with any job you take, there are rules that need to be followed.

If you have been fired, the first thing you must do is call IENA.  (888)724-4292 . Your employer are also instructed to call us.  Our goal is:

• For you to understand why you have been fired
• Get your version of events
• Ensure you are paid up to date
• To make a plan with you as to where you will go, if we can place you elsewhere or how you will get home

Just because you have been terminated from employment does not mean you are not part of our program. We want to make sure you are safe and taken care of.

You Decide to Leave

We understand there are a few reasons why you may decide to leave. All we ask is that if you have any problems at your place of employment, you follow the following steps:

• Please make sure you have given the job a chance – at least 2 weeks
• Speak with your supervisor about any problems first and give him or her the chance to resolve
• If this has not worked, call IENA who will advocate on your behalf

Remember as with any job, there are good days at work and bad days.  There are people you like working with, and people you don’t like working with.  Just as the employer has made a commitment to you via you job offer, you have made a commitment to the employer in acknowledging and agreeing to the terms of your job offer.

If you do decide to leave early, you MUST call IENA before you leave on (888) 724 4292 ext 4. We will want to help you make a plan to get home or find other employment.

CAN I GET A SECOND JOB

If you have the opportunity for a second job, please contact the IENA office and we will go through the process and contact your new employer. You  MUST  do this  BEFORE  you accept and begin working for your 2 nd  job employer.

ABOUT THE USA

The USA is a vast country.  People say that every state is almost like a country with its own culture and compare it to Europe.  Here are some handy tools to help you:

• Time Zones and Local Times
• US Public Holidays
• US Customs, Habits, and Etiquette
• Cost of Living

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Entry requirements

This information is for people travelling on a full ‘British citizen’ passport from the UK. It is based on the UK government’s understanding of the current rules for the most common types of travel. 

The authorities in the US set and enforce entry rules. If you’re not sure how these requirements apply to you, contact the US Embassy or a consulate in the UK .

COVID-19 rules

There are no COVID-19 testing or vaccination requirements for travellers entering the US.

Passport validity requirements

To enter the US, your passport must be valid for the length of your planned stay.

If you’re travelling through another country on your way to or from the US, check the entry requirements for that country. Many countries will only allow entry if you have at least 6 months validity remaining on your passport. 

Dual nationals  

US law requires US citizens to enter and exit the US using a US passport. Contact the US Embassy or a consulate in the UK for more information.

Visa requirements

To enter or transit through the US, you must have either an  Electronic System for Travel Authorisation ( ESTA ) visa waiver  or a visa .

The US State Department has more information on visas .

Applying for an ESTA visa waiver 

Apply for an ESTA visa waiver through US Customs and Border Protection. You can also apply using the ESTA Mobile app on android or on iOS .

You cannot apply for an ESTA visa waiver if you have:

• been arrested (even if the arrest did not result in a criminal conviction)
• a criminal record
• been refused admission into, or have been deported from the US
• previously overstayed under an ESTA visa waiver

You cannot normally apply for an ESTA visa waiver if you were in the following countries on or after March 2011: 

• North Korea

You cannot apply for an ESTA visa waiver if you travelled to or were in Cuba on or after 12 January 2021. 

If you are not eligible for an ESTA , you must instead apply for a US visa.

Applying for a visa

The US Embassy in London has information on how to apply for a visa .

US visa appointments

Visa appointments at the US Embassy in London are limited. Plan your application as far ahead as possible before travel. If you need to travel urgently, you can request an expedited interview through the US Embassy’s appointment service provider.

The US Embassy has more information on visa appointments .

Children and young people

Anyone aged 17 and under must:

• have a valid visa or ESTA visa waiver on arrival
• be able to provide evidence about the purpose, location and length of their visit if asked by immigration officials
• have written consent from one or both parents if travelling alone, with only one parent, or with someone who is not a parent or legal guardian

The US authorities can stop you entering the country if they have safeguarding concerns about a child. If this happens, the US authorities will take the child into their care, and their return from the US could take months. The Foreign, Commonwealth & Development Office ( FCDO ) cannot speed up the return of British nationals aged 17 and under from the US.

The US government has information about children travelling to the US . If you have questions, contact the US Embassy in the UK .

Vaccine requirements

For details about medical entry requirements and recommended vaccinations, see TravelHealthPro’s US guide .

Customs rules 

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Global Entry programme

The US Customs and Border Protection programme Global Entry allows pre-approved travellers through border control faster at some US airports. If you’re a British citizen, you can  register to get a UK background check . If you pass the background checks, you’ll be invited to apply for Global Entry.

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• Immigration

H-1B Visa Change of Status: What You Need to Know

An h-1b visa approved under change of status (cos) allows foreign nationals in the u.s. on other visas to switch to h-1b status without leaving the country. it involves strict timing and travel restrictions. despite challenges like cap limits and processing times, h-1b visas contribute significantly to the u.s. economy by filling skill gaps and fostering innovation..

Key Takeaways

• H-1B Change of Status allows visa holders to transition within the U.S. without returning to their home country.
• Recent trends show reduced denial rates and increased electronic registration, with concerns over system misuse and multiple registrations.
• H-1B visas positively impact job creation, wage growth, and addressing specialized skill shortages in the U.S. labor market.

An H-1B visa approval under Change of Status (COS) marks a transformative moment in an individual’s immigration journey within the United States 🇺🇸. This process allows foreign nationals present in the U.S. on a different nonimmigrant visa, like an F-1 student or J-1 exchange visitor visa, to transition to H-1B status without needing to exit the country. Such a shift eradicates the necessity for individuals to return to their home country to acquire their new visa at a U.S. consulate, streamlining their integration into the U.S. workforce.

Change of Status for H-1B Visas

When an H-1B visa is approved under COS, several critical factors merit attention:

• Timing : COS approvals adhere to the H-1B cap and lottery system. Notably, for the fiscal year 2024, U.S. Citizenship and Immigration Services (USCIS) received an unprecedented 780,884 H-1B registrations, illustrating the high demand for these visas.
• Effective Date : When COS is approved, the new H-1B status takes effect on October 1st of the relevant fiscal year or the specified start date in the petition, whichever is later.
• Maintaining Status : Obligations persist for individuals to maintain their nonimmigrant status until H-1B status is active. This stipulation is particularly pertinent for F-1 students using Optional Practical Training (OPT).
• Travel Restrictions : Those with pending or approved COS should avoid international travel, as this can be regarded as forfeiture of the COS application.

Recent Developments and Trends

The terrain of H-1B visas and COS approvals has undergone notable shifts in recent years:

Also of Interest:

Complete guide to getting a netherlands visa, navigating the perm process: strategies for counteroffers and job offers.

• Increased Scrutiny : During the Trump administration, the denial rate for H-1B petitions peaked at 24% in FY 2018. However, this has been reduced dramatically, with a mere 2% denial rate in FY 2022, the lowest on record.
• Registration Process : The introduction of an electronic registration process by USCIS in 2020 streamlined the initial application phase. However, concerns about potential system misuse persist.
• Multiple Registrations : In FY 2024, instances of multiple registrations surpassed single registrations for the first time, raising questions regarding system abuse.
• Proposed Rule Changes : USCIS has suggested alterations to the H-1B selection mechanism to counteract potential system exploitation, potentially favoring applicants with single registrations.

Economic Impact and Labor Market Considerations

The H-1B program, inclusive of COS, significantly affects both the economy and labor market of the United States:

• Job Creation : Data suggests that each H-1B visa holder generates an estimated 1.83 additional jobs for American citizens, bolstering economic expansion.
• Wage Effects : Contrary to some apprehensions, research indicates that the H-1B visas can catalyze wage increases for highly educated Americans, with the potential for a 2 percentage point rise over two decades.
• Innovation and Competitiveness : Workers on H-1B visas, especially in science, technology, engineering, and mathematics (STEM) fields, are pivotal in upholding U.S. technological prominence and strategic competitiveness globally.
• Skill Gaps : Nearly 70% of H-1B visa holders freshly employed in FY 2021 possessed a master’s degree or higher, addressing critical skill shortages in specialized sectors.

Challenges and Controversies

Despite the advantages, several challenges weigh on the H-1B and COS processes:

• Cap Limitations : The annual cap of 85,000 H-1B visas, including 20,000 for degree holders, is often deemed inadequate to meet demand.
• Processing Times : COS applications can endure long processing durations, causing unpredictability for employers and prospective employees.
• Dependency Concerns : Some critics allege industries may become overly dependent on H-1B labor, potentially displacing U.S. workers.
• Political Volatility : Political discourse frequently targets the H-1B program, fostering uncertainty for both businesses and foreign nationals.

Future Outlook

Going forward, several elements promise to shape the trajectory of H-1B and COS approvals:

• Technological Advancements : USCIS is advancing towards digital processes, with intentions of implementing online filings to simplify applications.
• Fee Increases : Proposed increases in fees could raise the cost of H-1B applications, affecting both employer strategies and application frequencies.
• Policy Changes : Shifts in administrative priorities stemming from upcoming elections could bring substantial changes to H-1B policies.
• Economic Factors : The sustained demand for skilled workers in tech and specific fields is likely to pressure the expansion or reform of the H-1B framework.

Analysis from VisaVerge.com suggests that H-1B visa approvals under Change of Status embody a complex intersection of immigration strategy, workforce needs, and economic impact. They serve as a crucial route for facilitating skilled immigrant work, while compelling policymakers to judiciously balance stakeholder interests. As the situation evolves, it is clear that effective management and adaptive policies will be pivotal in addressing both opportunities and challenges inherent in this pivotal immigration pathway.

For detailed guidelines regarding the H-1B visa process and Change of Status applications, prospective applicants can refer to the official USCIS H-1B page .

Learn Today

H-1B Visa: Allows foreign nationals to work in the U.S. in specialized occupations requiring expertise, often in STEM fields. Change of Status (COS): A process enabling nonimmigrant visa holders to switch to another visa category without leaving the U.S. Nonimmigrant Visa: A temporary visa allowing foreign nationals to enter the U.S. for specific purposes without intending permanent residency. Cap and Lottery System: The mechanism that limits H-1B visas issued annually, requiring participation in a selection lottery due to high demand. USCIS (U.S. Citizenship and Immigration Services): The government agency overseeing lawful immigration to the United States, including visa and status changes.

This Article in a Nutshell

Navigating the H-1B COS Journey Securing an H-1B visa through Change of Status (COS) revolutionizes a foreign national’s U.S. stay, bypassing consulate trips and integrating into the workforce smoothly. With demand skyrocketing, understanding the process’s timing, legal stipulations, and evolving regulations is crucial for successful immigration and career advancement. — By VisaVerge.com

Read more: • Impact of H-1B Visas on India-US Relations • Court Decision on H-1B Spouses’ Work Permits • Consequences of H-1B Wage Violations by Employers • Managing H-1B Visa Status After Employer Bankruptcy • Understanding H-1B Visa Portability and Transfer Requirements

Verging Today

New USCIS Rules for H-1B Workers After Layoffs

USCIS issues guidelines for H-1B layoffs impacting immigrant workers at companies like Google and Walmart. Stay informed on visa terminations.

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The European Union wants answers from Hungary about work visas for Russia and Belarus

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The European Union’s top migration official expressed concern on Wednesday about a Hungarian work visa program open to citizens from Russia and Belarus , just as sabotage attacks and spying allegations raise alarm across Europe.

Hungary extended its National Card program to citizens from Russia and Belarus as it took over the EU’s rotating presidency in July. It happened as Prime Minister Viktor Orban traveled to Moscow for talks with Russian President Vladimir Putin , a trip slammed by his EU counterparts.

The card also allows easier entry into Europe’s ID-check-free zone for work purposes to citizens from Bosnia-Herzegovina, Moldova, Montenegro, North Macedonia, Serbia and Ukraine. All six countries are candidates to join the EU. Russia and Belarus are not.

World & Nation

Belarus, in move to ‘openness,’ broadens visa-free travel for 35 European countries

Belarus rolls out new rules that will allow European travelers to stay in the country for 30 days without a visa as Lukashenko reaches out to the West.

July 17, 2024

“It’s a bit strange to actually welcome specifically citizens from Russia and Belarus in a situation where we know that these countries are hostile to the European Union,” European Home Affairs Commissioner Ylva Johansson told EU lawmakers.

Orban, widely seen as having the warmest relations with Putin among EU leaders, has routinely blocked, delayed or watered down EU efforts to assist Kyiv and impose sanctions on Moscow for its actions in Ukraine. Belarus is Russia’s main ally and has served as a rear base for Russian troops.

Johansson listed a series of incidents since Russia’s full-fledged invasion of Ukraine in February 2022, including sabotage or hacking attacks in the Czech Republic, Estonia, Lithuania and Poland. She also noted possible threats to military bases in Germany.

Top EU leaders will boycott meetings hosted by Hungary’s Orban after his outreach to Russia, China

The European Commission says top EU officials will boycott informal meetings hosted by Hungary after Prime Minister Viktor Orban’s outreach to Russia and China.

July 15, 2024

“This is a time for more vigilance, not less. This is not a time to be soft on security,” she said, adding that safe travel within the passport-free zone linking 29 countries, most of them EU nations, could be undermined. “We must keep each other safe.”

Early last month, Johansson sent a letter to Hungary seeking clarification about its National Card, notably whether the program imposes stricter security checks on Russian and Belarus nationals. She received a reply two weeks ago but on Tuesday wanted to know more.

Johansson asked: “Why does the Hungarian government consider such a scheme necessary or appropriate in the current political situation? The expected national economic gains seem limited [and] disproportionate to the potential security impact.”

Top EU court fines Hungary $216 million for flouting asylum law

Hungary has been ordered to pay 200 million euros and a further 1 million euros per day of delay for failing to comply with the bloc’s asylum rules.

June 13, 2024

At a news conference in Brussels, EU Affairs Minister Janos Boka of Hungary played down the commission’s concerns. He said that seven countries, including Germany, Latvia, Poland and Spain, have issued more visas to Russians.

“In the past two months, 10 permits were issued for Russian citizens and four permits were issued for Belarus from citizens. This is not an increasing trend, and these numbers are statistically irrelevant,” Boka told reporters. Johansson said the number of visas issued to Russians have dropped by almost 90%.

Boka said that for Hungary “there is no legal and security issue whatsoever when it comes to the National Card.” Hungarian officials complained that he had not been invited to the European Parliament to address Johansson’s questions in person. The parliament’s press service said Hungary had not expressed a wish to attend.

Cook writes for the Associated Press.

More to Read

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Aug. 22, 2024

Diplomatic feud erupts between Hungary and Poland over conflicting views on Russia

July 30, 2024

Hungary’s nationalist leader warns of EU’s demise and backs Trump in anti-Western speech

July 27, 2024

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Comprehensive Lists of Final Action Dates:

The lists below are updated annually. Please refer to the Visa Bulletins above for final action dates established during the current fiscal year.

Please refer to the Visa Bulletins above for specific Employment Fourth (E4) Preference final action dates for El Salvador, Guatemala, and Honduras (beginning with the May 2016 Visa Bulletin). 

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*  Operation of the Numerical Control Process   (PDF) -  Explains how immigrant visas subject to numerical limitations are allotted and the determination of cut-off dates for the Visa Bulletin.

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