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Visa Process and Documentation for Migrant Workers

Visa Process and Documentation for Migrant Workers
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Last Updated: March 28, 2024

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What's Inside?

  1. Visa Process

Migrant workers have to submit necessary documentation to obtain their visas to work in the United States. This process can be somewhat confusing, which is why this article aims to elaborate upon the different documentation requirements that Migrant workers have to complete before obtaining their visa.

 

Visa Process

Below are the steps for the visa process for migrant workers. If you follow all these steps then you can get the migrant workers visa. However, certain conditions and activities such as drug trafficking, overstaying your visa, submitting fake documents and more can result in visa rejection. So, be careful of what you submit to avoid this issue.

 

Getting Labor Certification and Filing a Petition

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The first step is to apply and get a labor certification approval letter from the United States Department of Labor. If it is required for your visa application and type, then your employer has to file a petition. This is an immigrant petition for alien worker which is form I-140, if applicable at the USCIS. However, the petition submissions depend on different visa types that you will be applying for so before application make sure to ask the consulate or discuss with your agent.

 

Select the Perfect Visa Type

The next step is to select the perfect visa type for your application. There are employment first preference visas known as E1 for people of extraordinary ability and priority workers. The E2 visa is also known as employment second preference for people of exceptional ability and professional holders of advanced degrees. The E3 visa application known as employment third preference visa is for unskilled workers, professional, skilled workers and others. The E4 visa it the fourth preference visa for certain special immigrants. Lastly, there is a fifth preference visa for immigrant investors known as E5.

 

Fees and Visa Application

The next step is to complete your visa application and submit your fees. However, this step is done after you receive your approval for visa petition. You have to complete the Form DS-261 and then your application processing will start once you have submitted your documents and visa fees. As each case is different, it is recommended to get in touch with experienced immigration lawyers to ensure a positive application outcome. 

 

Get Documents Ready

Then the next step is to get the visa documents ready. You have to get the civil documents, immigrant documents and others required documents by the embassy ready. These are important for your visa processing, if not submitted then your application will not be forwarded. Below is a list of required documents by the embassy that you must have and then some additional documents if required by the consulate as per your visa application.

 

Required Documentation

These are the documents required for a migrant workers visa, generally:

  • A valid passport that should be valid for 6 months or more after the scheduled date of arrival in the United States.
  • If applicable, then Form DS-260
  • Two passport size pictures. Please visit the embassy portal or contact the nearest consulate to get the picture requirements.
  • Civil documents. These will include information about you such as marriage certificates, passport copies, academic information, birth certificate, etc. All these documents must be verified and submitted as required by the consulate. In some cases, translations of documents might be requested by the embassy so prepare your documents according to your visa type. In some cases, translations of documents might be requested by the embassy, requiring quick and accurate translation services to ensure that all your visa application documents meet the stringent requirements for authenticity and clarity. Availability of notarized translations can be pivotal in avoiding delays in your visa processing.
  • Financial support documents. You must have financial proof when applying for your visa application. A bank statement for the previous six months and sufficient funds for visa fee, service fee, and embassy fee, visa stamping fee, your travel expenses and other such expenses should be available in your bank account.
  • Medical Examination Certificate. You must proof that you are medically fit for your travel and all the medical requirements by the US embassy are met. Remember, in case of fake medical records or if you are unfit, your application can get rejected by the consulate.

 

Visa Interview

The last step is the verbal interview that you have to attend after getting your visa application approved. This is conducted at the United Kingdom consulate or embassy present in your home country. The interviewer at the embassy will ask you few questions such as why are you traveling to UK, what is your purpose, if you are planning to comeback or not and more such questions. You have to answer them carefully and truthfully and make the interviewer believe that you will be returning back. After this, they will either grant you a visa or reject your visa application.

 

It is always better to hire an US immigration lawyer to obtain your migrant working visa so there are no issues. We wish you best of luck with your application!

 


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Cindy Baker
Editorial Team
Author
The editorial team behind is a group of dedicated HR professionals, writers, and industry experts committed to providing valuable insights and knowledge to empower HR practitioners and professionals. With a deep understanding of the ever-evolving HR landscape, our team strives to deliver engaging and informative articles that tackle the latest trends, challenges, and best practices in the field.
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