Application方法

Detailed explanation of Application方法 based on official information from USCIS・国務省. Insurance Management

Published: January 12, 2026

U.S. Work Visa Application Guide

1. Overview

A U.S. work visa is a nonimmigrant visa that allows foreign nationals to enter the United States temporarily to engage in employment or business activities. The U.S. immigration system offers numerous work visa categories, each with specific eligibility requirements, duration limits, and application procedures. These visas are essential for U.S. employers seeking to hire international talent and for foreign professionals, specialists, investors, and temporary workers contributing to the American economy. The application process involves multiple parties—including the applicant, the sponsoring U.S. employer or petitioner, and U.S. government agencies—and requires strict adherence to complex regulations.

2. Applicable Objects & Scenarios

U.S. work visas apply to foreign nationals who have a legitimate job offer from a U.S. employer or who qualify for certain employment-based categories. Common scenarios include:

  • Professionals in Specialty Occupations: Individuals with a bachelor’s degree or higher in a specific field (e.g., IT, engineering, medicine) applying for an H-1B visa.
  • Intracompany Transferees: Managers, executives, or employees with specialized knowledge transferred from a foreign office to a U.S. branch (L-1 visa).
  • Treaty Traders and Investors: Nationals of countries with specific treaties with the U.S. coming to develop and direct investment enterprises (E-1/E-2 visas).
  • Seasonal or Temporary Workers: Individuals in areas like agriculture (H-2A), non-agricultural seasonal work (H-2B), or trainees (H-3).
  • Individuals with Extraordinary Ability: Those with sustained national or international acclaim in sciences, arts, education, business, or athletics (O-1 visa).
  • Cultural Exchange Participants: Participants in work-and-study-based exchange visitor programs (J-1 visa).

3. Core Conclusions

  • Employer Sponsorship is Typically Required: Most work visas require a sponsoring U.S. employer or entity to initiate the petition process with U.S. Citizenship and Immigration Services (USCIS).
  • Visa Category Determines Process: The specific steps, eligibility criteria, and required documentation vary significantly by visa type (e.g., H-1B, L-1, O-1, TN).
  • Two Main Stages: The process generally involves (1) a petition approval from USCIS by the employer, followed by (2) the individual applicant's visa application at a U.S. Embassy or Consulate.
  • Compliance is Ongoing: Visa holders must maintain their status by adhering to the terms of their visa, including working only for the sponsoring employer in the specified role.
  • Numerical Caps Exist: Certain visa categories, most notably the H-1B, are subject to annual numerical limits (caps), making the process highly competitive.

4. Procedures & Steps

The following outlines a general process for employer-sponsored visas like the H-1B. Procedures for other categories (e.g., E, L, O) may differ.

Step 1: Preparation (Employer/Petitioner)

  • Labor Condition Application (LCA): The employer must file an LCA with the Department of Labor (DOL) for relevant categories (e.g., H-1B). This attests to wages and working conditions.
  • Gather Documentation: The employer prepares Form I-129 (Petition for a Nonimmigrant Worker) and supporting evidence, which may include:
    • Proof of the employer's ability to pay the offered wage.
    • Documentation of the beneficiary's qualifications (degree evaluations, resumes, licenses).
    • A detailed job description demonstrating it qualifies as a specialty occupation.
    • Copy of the approved LCA (if required).

Step 2: Application & Submission

  • File Petition with USCIS: The employer submits the completed Form I-129 petition packet, along with the correct filing fee, to the appropriate USCIS service center.
  • Premium Processing (Optional): For an additional fee, the employer can request Premium Processing, which guarantees a 15-calendar-day adjudication timeframe.
  • Wait for Petition Decision: USCIS reviews the petition. They may issue a Request for Evidence (RFE) if more information is needed before approving or denying the petition.

Step 3: Review & Confirmation

  • Petition Approval: If approved, USCIS sends Form I-797 (Notice of Action) to the employer. The beneficiary (applicant) receives a copy for the next step.
  • Visa Application (if outside the U.S.): The beneficiary applies for the visa at a U.S. Embassy/Consulate:
    • Complete the Online Nonimmigrant Visa Application (Form DS-160).
    • Pay the visa application fee.
    • Schedule and attend a visa interview, bringing the Form I-797 approval notice, passport, DS-160 confirmation, and other supporting documents.
  • Admission at Port of Entry: Upon visa issuance, the individual may travel to the U.S. A Customs and Border Protection (CBP) officer at the port of entry makes the final admission decision, issuing a Form I-94 (Arrival/Departure Record) with the visa status and authorized stay period.

5. Frequently Asked Questions (FAQ)

Q1: Can I change employers after getting a work visa? A: Yes, but the new employer must file a new petition (Form I-129) on your behalf before you begin working for them. You cannot start the new job until the petition is approved.

Q2: Can my family come with me? A: Yes, most work visas allow spouses and unmarried children under 21 to apply for derivative visas (e.g., H-4, L-2). Spouses on certain visas (like L-2) may apply for work authorization.

Q3: How long can I stay in the U.S. on a work visa? A: It depends on the visa category. For example, H-1B visas are initially granted for up to three years and can be extended to a maximum of six years, with exceptions possible in certain circumstances. L-1 visas have specific limits for managers/executives (up to 7 years) and specialized knowledge employees (up to 5 years).

Q4: Does a work visa lead to a Green Card? A: A work visa is a temporary nonimmigrant status. However, it can be a stepping stone. Many individuals on visas like H-1B or L-1 are later sponsored by their employer for a permanent resident card (Green Card) through a separate, multi-step process.

Q5: What happens if I lose my job while on a work visa? A: Your legal status is tied to that employment. You are generally granted a 60-day grace period (or until the end of your authorized stay, whichever is shorter) to find a new employer to sponsor you, change to another status, or depart the U.S.

Q6: What are the government filing fees? A: Fees vary by visa category and include USCIS petition fees, fraud prevention fees, and optional premium processing fees. Visa application fees are paid to the Department of State. Please verify all current fees with official sources.

6. Risks & Compliance

  • Maintaining Status: You must work only for your petitioning employer in the specific role/location described in the petition. Failure to do so violates your status.
  • Timely Extensions: You must apply for an extension of stay before your current authorized period expires. Overstaying can lead to deportation and future immigration bans.
  • Accurate Information: Providing false information or fraudulent documents can result in permanent visa ineligibility.
  • Disclaimer: This article is for informational purposes only and does not constitute legal advice. Immigration laws and procedures are complex and change frequently. Always consult with a qualified immigration attorney or rely on official government sources for your specific case.

7. References & Sources

8. Related Topics

  • Permanent Labor Certification (PERM): The common first step in many employment-based green card processes.
  • Form I-485, Application to Register Permanent Residence or Adjust Status: The application for a Green Card filed from within the United States.
  • Form I-765, Application for Employment Authorization: For individuals applying for work permits (EADs), including certain dependent spouses.
  • Form I-539, Application to Extend/Change Nonimmigrant Status: Used to extend stay or change to another nonimmigrant category.
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