Generally, in order for a foreign worker to apply for a work visa so that s/he come to the U.S. and work on a temporary basis, his/her U.S. employer must first submit Form I-129, Petition for Non-Immigrant Worker, to USCIS; this I-129 petition has to be approved by USCIS before the foreign worker can apply for a work visa at a U.S. Embassy/Consulate. Depending on the type of visa, the U.S. employer may have to submit an LCA (Labor Condition Application) to the Department of Labor prior to filing the I-129 petition.  Also, different work visas have different requirements as to which Supplement Form and what evidence must be submitted along with the I-129 petition.  Please select a work visa from the menu on the left for detailed description of the process.

Once the I-129 petition is approved by USCIS, the foreign worker can apply for the work visa at the U.S. Embassy/Consulate.  The approval of the I-129 petition does not guarantee that the visa will be issued by the Embassy/Consulate; the visa applicant (foreign worker) must establish that s/he does not have any inadmissibility ground---i.e., disqualification---that would bar admission to the U.S.