Work Visa USA. Can a visitor to the USA get a work visa or permit? #shorts
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Can I work in the United States without a work permit?
Some visitors to the U.S. think that if they are working remotely online on their computer for an employer abroad that does not qualify as work and therefore they are not breaking American immigration law. That is not necessarily the case. It could be argued that if a visitor in the USA is working on his or her computer doing work for a foreign employer who serves only foreign clients and not American ones, and if the visitor is paid abroad in foreign currency into a foreign bank account and does not deal with any Americans while in the USA, that would not amount to work in the USA and therefore would not require a work permit. But if discovered by U.S. immigration authorities, such a case could end up in court to decide whether or not it is working in the USA. Few visitors could meet such a restricted standard of work anyway, so it is more likely than not that you do need a work permit if you are doing any kind of work, even remotely on a computer, in the United States.
Can a visitor to the USA get a work visa or permit?
That depends. There are some classic ways a visitor could qualify for a work visa, such as an inter-corporate transfer in the case of someone who has been a manager or executive abroad and now seeks to do similar work in the USA. Think a Toyota manager is transferred from Tokyo to New York to manage a plant in the U.S. as a classic example. Another way would be someone in the professions coming to work in the USA from Canada or Mexico under the USMCA trade agreement. For example, an engineer, accountant, computer systems analyst, dentist, lawyer, doctor, nurse, or various therapists and the like. Such individuals can get work permits. Canadians can even get work permits at the border. Others can change status in the USA to get work authorizations. People who buy a business or a franchise can sometimes change their status in the USA if their country of citizenship has a trade agreement with the USA and they qualify for an E work status. Extraordinary workers, such as tennis stars or professional golfers, for example, can sometimes get work visas in the USA by changing their status. But in many cases, especially those with lesser education or skills, getting a work permit is much harder.
In those instances, individuals can only qualify when employers offer them work in situations where the employer has been unable to locate a local worker and is able to persuade the Department of Labor that there is a shortage of such workers in the location where the worker is needed. Usually this entails a so-called PERM application for labor certification – an effort that takes a few years and is difficult to accomplish. A good way to think of this is that the more educated the individual and the more skills that individuals have, the more likely that individual will find a way to work in the USA.
Can I get a U.S. work visa without a job offer?
It is indeed possible to get permission to work without having a job offer. But it is rare. One way is to be an outstanding individual who is represented by an agent and has arranged to attend events where you are paid. An example would be an O-1 visa runway model with bookings for showings in a variety of cities where she earns a fee for each attendance and where the agent takes say 10 percent of the fee for each booking for representing her. Another would be where you buy a business, a hotel for example, and you are from a country such as Canada that has a trade agreement with the USA where you can apply for an E-2 work visa to run the hotel. A third example would be to get an OPT work permit following graduation from a college which would entitle you to work anywhere. Even here, however, the work permit would only be for a year and thereafter you would need to apply for a different kind of work permit, probably an H1-B work visa. The easiest way to get a job offer is to invest in a business you will own, however.
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