Can You Get a Work Visa without a Job Offer? | USAFIS (2024)

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Should you wish to work in America, your two options are going to be either getting a job before you move or finding one after moving to the US.

Whether or not you need to secure employment in the United States before or after moving to America depends on which US Visa program you apply for.

In this article, we’ll be answering some of your questions such as:

• Is it difficult to get a US Work Visa?
• Can you get a Work Visa without a job?

So, if your dream is to live and work in America, be sure to keep reading to better understand your options!

Table of Contents

Most US Work Visas require the foreign worker to receive a job offer from a sponsoring employer in the United States before applying for the US Work Visa.

There are some US Work Visas, however, that do not require a job offer from a sponsoring employer in the United States.

Thus, if you meet the eligibility criteria, you can apply fora US Work Visa without a job offer.

Examples of US Work Visas that don’t require a job offer include the:

E-1 Treaty Trader Non-Immigrant Temporary US Work Visa:

• • You must be a citizen of a country that has a treaty of commerce and navigation with the United States.
  • You must conduct substantial trade between your country and the United States.
  • Trade could involve services, goods, insurance, international banking, tourism, technology and more.
  • The E-1 US Work Visa is valid for up to 2 years and can be renewed for up to 2 years at a time without any limit as long as you continue to 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 also live in the USA.

E-2 Treaty Investor Non-Immigrant Temporary US Work Visa:

• • • You must be a citizen of a country that has a treaty of commerce and navigation with the United States.
    • You must make a substantial investment of capital in a business that is in the US.
    • The E-2 US Work Visa is valid for up to 2 years and can be renewed for up to 2 years at a time without any limit as long as you continue to satisfy the criteria.
    • The spouse and children (unmarried and under 21 years of age) of the approved Treaty Investor can apply for E-2 Non-Immigrant status to also live in the USA.

Employment-Based EB-1A (Extraordinary Ability) Immigrant US Visa:

• • The EB-1A Immigrant US Visa is for skilled foreign workers with “extraordinary ability” in the arts, athletics, business, education, or sciences as indicated by ongoing acclaim nationally or internationally.
  • No job offer is required, and you can file the I-140 petition with USCIS by yourself.
  • You must demonstrate your “extraordinary ability” by providing proof of receiving a major award that is recognized internationally (for example, an Olympic Medal, Pulitzer Prize, Nobel Prize, Academy Award, etc.); OR by providing proof of three of the following 10 criteria:
  • Proof that you received a lesser award or prize for excellence that is recognized nationally or internationally
  • Proof that your work was displayed during artistic exhibitions
  • Proof that you are a member of associations in your particular field that require their members to have outstanding achievements
  • Proof that you have published scholarly articles in major media, such as major trade publications or professional publications
  • Proof that material has been published about you in major media, such as major trade publications or professional publications
  • Proof that you have played a key role in distinguished organizations
  • Proof that you have been a commercial success in the performing arts
  • Proof that you receive a high salary or other high compensation compared to others in your field
  • Proof that you have made an original artistic, athletic, business, scientific or scholarly contribution to your field that was of major significance
  • Proof that you were asked to evaluate the work of others, whether on a panel of judges or individually
  • If you are approved, you will receive an EB-1A Immigrant US Visa in your passport and also a Permanent Resident Green Card to live, study and work in the USA for an unlimited amount of time.
  • If you are approved, your spouse can apply for E-14 immigrant status and your dependent child who is unmarried and under the age of 21 can apply for E-15 immigrant status to live, study and work in the USA as a permanent resident Green Card holder.

Employment-Based EB-2 (National Interest Waiver) Immigrant US Visa:

• • You must have a profession that requires you to hold an advanced degree and possess that advanced degree; OR be an individual with exception ability in the arts, business or science.
  • You must provide proof of three of the following eligibility criteria:
  • You have an official academic record proving that you have a certificate, diploma, degree or similar award from a university, college or other educational institution related to your field of exceptional ability.
  • You possess certification to practice your profession or have a license to practice your profession.
  • You have letters received from former or current employers that document a minimum of 10 years of full-time work experience in your particular field.
  • You are a member of professional organizations.
  • You have proof that you receive a high salary or other high compensation for your services that indicates your exceptional ability.
  • You have proof of having received recognition for your significant contributions or achievements related to your field or industry from business or professional organizations, government or peers.
  • A US job offer from an employer in the United States and labor certification is not required (can be waived) IF you can get a National Interest Waiver, because your proposed endeavor in the US has national importance and merit, you are in a strong position to advance your proposed endeavor in the US, and overall it would be beneficial for the US to waive the requirement of the US job offer and labor certification.
  • If you are approved, you will receive an EB-2 Immigrant US Visa in your passport and also a Permanent Resident Green Card to live, study and work in the USA for an unlimited amount of time.
  • If you are approved, your spouse can apply for E-21 immigrant status and your dependent child who is unmarried and under the age of 21 can apply for E-22 immigrant status to live, study and work in the USA as a permanent resident Green Card holder.

Yes – there are some US Work Visas that do not require a job offer from an employer in the United States, such as the:

• E-1 Treaty Trader Work Visa
• E-2 Treaty Investor Work Visa
• EB-1A Immigrant Visa and Green Card
• EB-2 Immigrant Visa with a National Interest Waiver and Green Card

Whether or not it is difficult to get a US Work Visa depends on several factors, such as:

• Which type of US Work Visa you are applying for
• Whether the US Work Visa requires a job offer from a sponsoring employer
• How long it takes you to provide the required documents
• How fast the US Embassy and/or USCIS can process the application/petition

In general, it takes between 2-12 months to apply for a Work Visa to the USA.v

As you have read, you can get a US Work Visa without a job offer from an employer in the United States.

Nonetheless, most US Work Visas do require that you first get an offer of employment from a sponsoring employer in the United States before you can apply for the Work Visa.

If you have to get a US job offer first from a sponsoring employer in the United States, that is not necessarily a bad thing, since you probably want to secure a job in the USA anyway.

You might be wondering how you can know which of the many US Work Visas you are eligible to apply for, since they each have their own eligibility requirements and application procedure.

For over 20 years, USAFIS has been helping thousands of people around the world to pursue their dream of legally living in the USA.

USAFIS can provide you with a US Visa Assessment, which will let you know which US visa is right for you.

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