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The United States has various visa categories that allow foreign citizens to work legally in the country. However, unlike a tourist visa, obtaining a work visa implies meeting stricter requirements and, in most cases, having the support of a U.S. employer.
The process can be carried out from Mexico, but it requires a valid job offer, the intervention of the hiring company, and the approval of U.S. immigration authorities. In addition, costs are usually higher than those of a tourist visa, as work visas have specific fees based on the corresponding category.
¿Qué tipos de visa de trabajo existen?
The United States offers different temporary and employment visas for foreign workers. Among the most requested are:
Visa H-1B
This is aimed at people who will perform specialized occupations, generally in areas such as technology, engineering, healthcare, education, or finance. It usually requires a university degree or equivalent experience.
Visa H-2A
This allows foreign workers to perform temporary or seasonal agricultural labor when U.S. employers cannot find enough local workers to fill those vacancies.
Visa H-2B
This is intended for temporary or seasonal non-agricultural jobs, such as positions in hospitality, construction, landscaping, maintenance, or tourism.
Visa L
Known as an intracompany transfer visa, it allows executives, managers, or workers with specialized knowledge to be transferred to a branch, affiliate, or subsidiary of the same company in the United States. The applicant must have previously worked for the company abroad.
Visa O
This is reserved for people with extraordinary abilities or outstanding achievements in fields such as science, arts, education, business, or athletics. It also includes certain profiles in the film and television industry with recognized prominence.
Visa P
This allows the entry of athletes, artists, and members of entertainment groups who will participate in competitions, shows, or specific events in the United States. How to obtain a work visa from Mexico?
Unlike a tourist visa, the work visa process does not depend solely on the applicant. In most cases, the U.S. employer must initiate a significant part of the process.
1. Conseguir una oferta de empleo
The first step is to obtain a formal job offer from a company in the United States. Without an employer willing to sponsor the process, most work visas cannot be processed.
2. Obtener la certificación laboral cuando sea necesaria
Depending on the type of visa or immigration category, the employer may need a labor certification issued by the U.S. Department of Labor. This document seeks to demonstrate that there are not enough U.S. workers available to fill the offered vacancy.
3. Presentar la petición ante USCIS
Once the corresponding requirements are met, the employer must submit the documentation to the U.S. Citizenship and Immigration Services (USCIS). For many permanent employment categories, Form I-140, Immigrant Petition for Alien Worker, is used, through which the worker is requested to be classified as eligible for an employment-based visa.
USCIS points out that, as a general rule, it is the employer who files this petition, although some specific categories allow the beneficiary to self-petition.
4. Esperar la aprobación de USCIS
After reviewing the petition, USCIS will determine if the worker meets the requirements for the requested category. Approval does not automatically guarantee the issuance of the visa, but it does allow for moving to the next stages of the consular process.
5. Solicitar la visa y acudir a la entrevista
After approval, the applicant must complete the corresponding consular procedure, pay the applicable fees, and attend an interview at the U.S. Embassy in Mexico or one of its consulates. They must also present a valid passport and all documentation required for their case.
6. Realizar el examen médico
The U.S. authorities establish that applicants for employment-based immigrant visas must undergo a medical examination performed by an authorized physician before the visa can be issued.
Although working legally in the United States can represent a great professional and economic opportunity, the process is considerably more complex than applying for a tourist visa. The key to starting the process is having a legitimate job offer and an employer willing to support the petition before U.S. immigration authorities.
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