Do I Need A Job Offer to Get a US Work Visa
Do You Need a Job Offer to Get a US Work Visa?
One question that constantly comes up from people looking to get a work visa in the United States is whether you need a job offer first. The short answer is generally “yes.” The reason is that most work visa categories require the U.S. employer to file a petition for a work visa on behalf of the prospective employee. For example, the H-1B specialty occupation visa requires the U.S. employer to offer a job in a specialty occupation (i.e., a bachelor’s degree or higher is a common minimum entry into the profession) with the USCIS. The prospective employee is the beneficiary of the petition, meaning that the employee would only get a visa if the employer’s petition is approved.
Are there any visas that don’t require a job offer?
The only visas that do not require a job offer are the EB-1 green card for people of extraordinary ability in the sciences, arts, education, business or athletics; or the EB-2 National Interest Waiver (NIW) green card.
What about Employment Authorization?
Technically, Employment Authorization is not a visa. It is a status given to certain non-immigrants which would allow them to work in the United States for a specific period of time. Employment Authorization does not require a job offer or a U.S. sponsor/petitioner. Examples of when Employment Authorization would be issued are:
- Individuals with pending applications for adjustment of status
- Spouses of certain non-immigrant visas, such as the L-1 or E-2 visa
- Recently graduated students in Optional Practical Training (OPT)
- Undocumented individuals granted status under Deferred Action on Childhood Arrivals (DACA)
- Individuals granted Temporary Protected Status (TPS)