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A Guide to Jobs & Work Abroad Programs

Work abroad programs are a great way to earn more than just money. The list of advantages is practically endless: broadened horizons, new skills, improved independence, new friendships (and business relations), a new language added to your repertoire, and a boost to take your career dreams to the next level. You’ll be having so much fun overcoming new challenges and having new experiences that your job abroad won’t even feel like work; rather, it’ll be like one crazy (paid!) adventure.

How to work abroad

So how do you even get a job abroad ? Well, you’ll want to start by finding the destinations where you can legally work abroad and then start your job search. Or, you can find a job that allows you to work abroad, and they will often sponsor your work visa.

You can also get a job overseas with no experience ! In fact, teaching English abroad is the perfect job in that particular scenario. However, if teaching isn’t your true calling, you can either apply for international positions while still at home, or apply for a work visa abroad and figure things out once you arrive.

Here’s how to get a job abroad:

Choose a destination. Places like Australia, New Zealand, and Ireland grant Working Holiday Visas to citizens of certain countries and who meet an age requirement. If you want to work abroad for a year or permanently, then you’ll want to secure a job offer prior to applying for work visas abroad.
Choose your field. Sometimes, it’s easier to figure out what kind of job you want prior to choosing the destination. The demand for certain positions is higher in some countries than others, which will make your job search a lot easier (or more challenging).
Apply to open job opportunities. Once you know where you want to go and what kind of job you want overseas, then it’s time to start applying to work abroad programs! The length of this process will vary depending on your qualifications and prior experience, and perhaps even your proficiency in the local language.
Apply for a work visa. Once you find your job, then you can apply for a work visa. Most likely, you’ll need to show proof of a job offer in order to qualify. There should be someone at your new workplace who is in charge of assisting you with planning your trip abroad.

What are the best types of jobs abroad?

The best types of jobs abroad depends on what kind of experience you’re looking for. Do you want to only work for room and board? WWOOFING is for you. Are you okay with working odd jobs here and there in order to fund your travels around the world? You can find short term and seasonal work on orchards, vineyards, and farms in countries like Australia and New Zealand. Or, if you want to start a permanent career abroad, nurses, program developers, software engineers, marketers, and teachers are needed all over the world.

Where to work abroad

Your options for working abroad will depend on your nationality. You’ll want to find the easiest countries to get a work visa for citizens of your home country, since the process of applying for work visas can be drawn out and complicated. For Americans, it’s exceptionally easy to get short term work visas in New Zealand, Australia, and Ireland. However, as previously mentioned, you can get sponsored for work visas almost anywhere as long as you have a valid job offer beforehand.

Why work abroad?

There are lots of reasons for working overseas ! Perhaps the earning potential is much higher in a country abroad than at home. Or maybe there are better job opportunities overseas in your chosen field. Or maybe, like so many of us, you just really want to be able to live abroad sustainably! Being able to work abroad means being able to travel and immerse in new cultures indefinitely—and that sounds like a dream come true to us.

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How to travel and work abroad

To travel and work abroad for a year or short term, you'll need to qualify for a work visa in your destination. Some places, like Australia and New Zealand , make this easy even without a degree or sponsorship. Teaching English is also a good way to work abroad.

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Where to find jobs abroad

The easiest places to find jobs abroad (without needing special skills) are New Zealand , Australia , and Ireland , due to the availability of working holiday visas. There is also demand for English teachers in Korea , China , and Vietnam .

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The best types of jobs abroad include teaching English , hospitality (especially hotels and restaurants), nursing , and agriculture . Successfully finding jobs in these fields involves a varying degree of skill and qualifications.

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Find Jobs Overseas & Across the Globe

OverseasJobs.com features overseas jobs and international employment opportunities for professionals, expatriates and adventure seekers. Search for international and overseas jobs worldwide and land your next great job today!

[INFOGRAPHIC] The Best Overseas Jobs for Americans

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You’re watching the clock right now, aren’t you? Yeah, we see you out there. Wistfully flipping through articles and travel Instagram accounts, tapping your foot, drumming your pen on your desk, sending yet ANOTHER email about the flickering fluorescent light in your office or lecture hall. All the while making sure no one — certainly not your supervisor or professor — can see you clearly not working.

Who can blame you for your mind wandering all around the world? Especially when there are so many opportunities, places to go, people to meet, UNESCO World Heritage sites to experience, and incredible overseas jobs for Americans just. Like. You.

Yes — you. YOU!

So, none of this “I can’t” or “It’s impossible” or “Where do I even start?” Because we both know the answers. You can. It’s not. And, here’s who, what, where, and how to get a job overseas.

Who works abroad?

YOU DO. Or, you will . If that’s not a good enough answer, and you’re looking for the numbers and demographics to back it up (*cough*nerd*cough*), we’ve got your numbers!

According to InterNations 2016/2017 Expat Insider report , we’ve got a lot newbies snagging overseas jobs for Americans. Over one-third of U.S. expats are living abroad for the first time . And, of those expats, more than 51 percent identify as women . Who run the world? Women.

If you’re feeling a little nervous about making the decision to move abroad for work, don’t fret! You’re going to LOVE it. In fact, 84 percent of those newbs abroad are pretty darn satisfied with work and life overseas . If they could do it, clearly it’s not too tough to figure out how to get a job overseas. You’ll find yourself quickly settling in, and although the average American expat only speaks two languages (or is in the process of learning a second language ), you’ll find it easy to make friends – both locals and expats!

What we’re really saying here, is there’s nothing to worry about. You have the stuff to make your dreams of working overseas a reality, and with so many available jobs in other countries for Americans, there’s no reason to keep putting it off.

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What can i do.

What was that about all those jobs abroad? Hmmm? Oh, yes, there are tons of opportunities and overseas jobs for Americans, you just need to know where to look. While you’ll be able to find the right fit in any field you’re interested in pursuing (with the right attitude and some serious job-search skills), the following fields are the most popular among U.S. expats and world-wanderers.

Best overseas jobs for americans in czech republic. Charles bridge at sunset, Prague.

You’re going to want to Czech out these awesome overseas jobs for Americans.

Hospitality Jobs Overseas

If you’re looking for fast-paced work on your feet that really gets you in the thick of local culture while still giving you an international experience working with people from all over the world, working in hospitality abroad is the suite life. Plus, as the tourism sector is growing, it’s an obvious treasure trove of overseas jobs for Americans.

Whether you’re a Gordon Ramsey ready to jump out of the frying pan and into the fire, a Lorelai Gilmore just looking for an inn, or more of a Mariott with this last resort, you’ll find a world of opportunity in the hospitality sector abroad.

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USEH International Inc — Read USEH International reviews | Visit their site
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Business/Marketing Jobs Overseas

For anyone wanting to button up and buckle down, there are plenty of jobs in other countries for Americans ready to get down to business. You could say: business is booming abroad! Brush up on your best management practices, polish your cutest pumps, and pre-tie all of your ties for the week. It’s time to get to work!

If you’re a jack of all trades, with a little marketing, a little management, maybe some finance or accounting thrown in, you’re about to rock the working world. Just be sure to brush up on a second language — it’s going to come in handy.

BUNAC — Read BUNAC Reviews | Visit their site
Browse all business/marketing jobs overseas

Education Jobs Overseas

Get ready to hit the books, hard . Education placements – whether as an ESL teacher, subject teacher, or administrator – are the most popular overseas jobs for Americans. It’s a great option for career Mr. Feeny’s and hopeful Ms. Honey’s alike. Whether you’ve been in the classroom for years, or you’re just looking for a big change, teaching abroad is the way to go.

Keep in mind that education jobs will require some more preparation on your part. That’s right: you definitely want a TEFL certification . Consider it your ticket around the world.

International TEFL Academy — Read ITA Reviews | Visit their site
Browse all education jobs overseas

Best overseas jobs for americans in new zealand. Hooker valley swingbridge, NZ.

Work hard, play harder in New Zealand with sweet as jobs abroad.

STEM/Research Jobs Overseas

This is a constantly growing field full of overseas jobs for Americans and researchers. Whether you’re wanting to cure the common cold, create the next must-have app or technology, perfect space travel, or just solve for X, working in STEM and research is a great way to get your smarty-pants abroad.

Make your mark on the world while taking the time to explore it. You never know how the practices and processes of a new culture might inspire you in your pursuit of knowledge and innovation! Plus, with so many countries leading the charge across a variety of scientific fields, you’re sure to find a position that fits your area of interest.

Greenheart Travel — Read Greenheart Travel Reviews | Visit their site
Browse all STEM jobs overseas

[Save and compare the best overseas jobs for Americans with MyGoAbroad ]

Where can i find jobs in other countries for americans.

They’ve said it’s impossible, having it all, but you know you can do it! You can live your dream life abroad — working hard and still playing harder. So, where are the most popular countries to find overseas jobs for Americans?

When you take everything into consideration: job opportunities, overall job satisfaction, climate and weather, and that magical unicorn called “work-life balance,” you come up with these four top destinations.

1. Costa Rica

If you want to take lunch out on the beach, spend your mornings or evenings in the surf, and stuff your face with tamales 24/7, working in Costa Rica is #GOALS. This is the place to be if your number one concern is the weather — and how often you can get outside.

Costa Rica is on everyone’s radar as a top destination. It’s ideal for anyone looking for work in hospitality, education, or conservation/climate research . You’ll be settled in and living pura vida in no time!

Maximo Nivel — Read Maximo Nivel Reviews | Visit their site
Browse all jobs in Costa Rica

Best overseas jobs for americans in costa rica. parachute over the sea.

Live (and work) pura vida in Costa Rica.

2. Czech Republic

Would you kills for a pils? If happy hour is your favorite hour and you want to wash down the work day with a nice cold one, working in the Czech Republic should be at the top of your list. We know it’s at the top of ours. This is the place to be if you’re looking for a longer-term placement and job security.

The Czech Republic is a fairytale with its cobblestoned streets, castles, and cathedrals, there’s plenty of ways to polka-round with weekends off. If you’re looking to get your start in education, business, or research , you’ll certainly want to Czech it out.

CIEE — Read CIEE reviews | Visit their site
Browse all jobs in the Czech Republic

3. New Zealand

Tramp one day, hang glide the next, then maybe throw in a day on the slopes and an afternoon surfing and you’ve barely scratched the surface of these two islands. Working in New Zealand is an adventurer’s dream. It’s the place to go to master work-life balance.

With plenty of overseas jobs for Americans in conservation and climate research, business and marketing, and a booming hospitality/tourism sector , it may seem like a fantasyland, but working abroad in Middle Earth is totally possible.

InterExchange — Read InterExchange reviews | Visit their site
Browse all jobs in New Zealand

Look out, world! Here’s Taiwan! As a business hub on the rise in Asia, Taiwan is the place to go for hopeful Tom Haverford’s looking to become international moguls. This is the country of choice for anyone looking for job satisfaction day in and day out. When you’re not making the big bucks working in business, education, or hospitality, you can take the time to explore Taipei and all the beachy fun Isla Formosa has to offer!

Asia Internship Program — Read AIP reviews | Visit their site
Browse all jobs in Taiwan

Get matched with jobs overseas today!

Best overseas jobs for americans in taiwan. Taipei 101 and cityscape at night.

You can make some serious cash monies working and teaching in Taiwan.

How to get a job overseas (step-by-step)

Alright, let’s really break it down step-by-step how to get a job overseas. We’ve made the check list, now you’ve got to work through it to make your work abroad dreams a reality!

Pick a location. No-brainer first step, right? “ Peace OUT ” ‘Merica, and, “ HERE I COME, WORLD! ” If our list of four top destinations doesn’t quite fit your fancy, check out these other favored places to work abroad for Americans .
Vamp your resume. Make sure everything is up-to-date, and every bullet point is carefully curated to Wow your future employer. Don’t forget to include any previous travels you’ve done to really showcase your skills and experience. Yes, that means including study abroad and volunteer abroad experience on your resume, too!
Browse jobs on GoAbroad. Duh, right? Take a peek at our jobs directory to find your perfect job abroad. If you’re feeling a little overwhelmed, you can save your favorites to compare them later, side-by-side, with MyGoAbroad to help narrow down your options.
Read reviews. Don’t just take our word for it! Read reviews of past participants who’ve done it before you. They’ll have all the best tips for moving to work abroad , an inside look at your future with a particular organization or in a particular country, and have great words of encouragement as you continue this journey.
Apply! Second to last, but certainly not second to least, you’ve got to send in that re-vamped resume and cover letter and actually APPLY for jobs abroad. Cast a wide net! You never know what will or won’t come through.
Pack your bags & get to work! No, but seriously. Do it. Did I stutter?

Take your pick of the best overseas jobs for Americans

Go on, y’all— GET! You’ve done it. You’ve secured one of those coveted overseas jobs for Americans, and now it’s time to get to work. If you need a little extra motivation, remember to, “work hard, stay positive, and get up early . It’s the best part of the day.” (George Allen, Sr.)

Make the most of every second you spend working abroad and show those haterz who said it couldn’t be done where they can shove that negativity!

Find your dream job abroad

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Home and Away: Working Across Borders

With more employees working remotely in other countries during the pandemic, businesses need to keep an eye on social security, employment and immigration law, and tax implications.

During the COVID-19 pandemic, businesses have gained forced experience of employees working remotely—with some even working from other countries—and many employers are now faced with requests from their employees to continue to work from abroad on a permanent basis.

For employees, this new approach can open up the attractive opportunity to work from their place in the sun; for employers, this option can be an ideal way to retain or attract qualified labor and talent.

Before agreeing on this type of regular, cross-border remote work, both parties should consider the legal issues surrounding social security, employment and immigration law, and taxation.

Social Security

The parties will have to check whether the employee intends to work in another European Union (EU) or European Economic Area (EEA) member state, in a country that has a bilateral agreement on social security with their home country, or from a country where an international agreement on social security does not exist.

The employee will become subject to the social-security regime of the country they are working in, unless certain exemptions apply (such as secondment, or simultaneous work in several EU or EEA countries). The employee will not be covered by their home country's social-security system any longer, because of not being posted on behalf of the employer to the other country—instead being there on their own initiative.

In these circumstances, health insurers are not obliged to issue a certificate of coverage to prove that the home country's social-security regime continues to have effect. Even though they have been quite flexible and issued certificates of coverage for employees working from abroad in the first couple of years of the pandemic, there is no guarantee that the same approach will be taken in 2022.

Certain countries do not have a national health care system in place, such as India. In these jurisdictions, separate benefits may need to be applied for and provided by the company for the employee.

For the purposes of overseas social-security contributions, it will usually be sufficient to have a payroll service abroad where the employee works instead of involving an employer of record (EOR) or professional employer organization (PEO). Nonetheless, this should be checked in the individual country.

Employment Law and Compliance

Generally, the employment law of the employee's domicile will continue to apply, if the employee is employed in another country only temporarily. However, jurisdiction is likely to change if the parties agree that the employee is allowed to work permanently from another country. The question of jurisdiction is a complicated one involving analysis of which jurisdiction the employee has a strong connection to.

Employers also need to be aware that, in a number of jurisdictions, there are mandatory employment laws that apply regardless of the governing law of the employment contract.

The revision of the Posting of Workers Directive (2018/957/EC) and the national implementation of it in the respective host EU member state might be applicable, if the employee is working for 12 months (on application after 18 months) from abroad, even if the employee was not posted by the employer to the other EU member state.

In some EU countries the implementation of the Posting of Workers Directive might be applicable even if there is no real posting by the employer and no real cross-border provision of services to the host EU member state. The initiative of the employee to work from another EU member state for his or her employer—without any "service recipient" in the host EU member state—might suffice.

Where multinational companies do not have a business presence in the jurisdiction there may be a requirement to establish a formal legal presence there—depending on the nature of the business activity undertaken and work to be performed by the employee (including whether they will be engaging with the local market). The employer would have to obtain appropriate registrations and licenses under local labor laws and have a registered place of business in the country.

Immigration Law

It is imperative that businesses confirm that the employee in question has the right to work in the prospective host country.

For a foreign national to work remotely from a host country, appropriate entry visas or a work permit requiring a local sponsor may be necessary. Additional immigration requirements may also apply in the form of a minimum salary threshold and/or registration with local authorities in the host country upon arrival. A foreign national may be prohibited from working from the host country while on a tourist visa.

If a visa, work permit, and/or residence permit are required, allow enough time to make sure these are obtained before the employee starts working remotely. In case of exemption, keep track of how many days the employee spends in the country/zone (for example, Schengen) to ensure compliance with the terms of the exemption. This is also necessary from a tax perspective.

Companies should check whether there is a realistic possibility that the employee who is working abroad from home will create a permanent establishment. This very much depends on the individual facts of the case and especially on the position and authority of the employee.

The employee might even become liable to pay tax in the host country and the employer should clarify its own obligations to tax the employee.

In times of significant talent shortage and the "Great Resignation," an economic trend where employees voluntarily resign their posts in large numbers, employers will have to be prepared for these challenging scenarios.

Dr. Viktoria Winstel is an attorney with Osborne Clarke in the Cologne/Bonn region of Germany. Vinciane Rysselinck is an attorney with Osborne Clarke in Brussels. Olivia Sinfield is an attorney with Osborne Clarke in London. Rachael Oakley is an attorney with Osborne Clarke in its Silicon Valley and San Francisco offices. © 2022 Osborne Clarke. All rights reserved. Reposted with permission of Lexology .

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Chapter 6 - Key Concepts

A. qualifying organization.

A qualifying organization for L-1 purposes is a U.S. or foreign firm, corporation, or other legal entity which:

Meets exactly one of the qualifying relationships specified in the definitions of parent, branch, affiliate, or subsidiary;

Is or will be doing business [1] as an employer in the United States and in at least one other country directly or through a parent, branch, affiliate, or subsidiary for the duration of the L-1 beneficiary’s stay in the United States as an intracompany transferee; and

Otherwise meets the statutory definition of a nonimmigrant intracompany transferee. [2]

1. Qualifying Relationship

A qualifying relationship exists when the U.S. employer is a branch, affiliate, parent or a subsidiary of the foreign firm, corporation, or other legal entity. To establish a qualifying relationship, the petitioner must show that the beneficiary’s foreign employer and the proposed U.S. employer are either the same employer (for example, a U.S. entity with a foreign branch office) or related as a parent and subsidiary or as affiliates.

In situations where the petitioner has submitted documentation of a qualifying relationship through possession of proxy votes, the petitioner must show that the proxy votes are irrevocable from the time of filing through the time of adjudication.

Further, any approval is conditioned on evidence demonstrating that the qualifying relationship will continue to exist during the approval period requested. Any changes of ownership and control of the organization post-adjudication require the petitioner to file an amended petition, as such changes may constitute a material change in circumstances or represent new, material information. [3]

Stock certificates or other evidence of ownership interests, standing alone, generally are not sufficient to establish that a qualifying relationship exists. For instance, in the case of a corporation, documents such as the corporate stock certificate ledger, stock certificate registry, corporate bylaws, and the minutes of relevant annual shareholder meetings when appropriate, should also be examined to determine the total number of shares issued, the exact number issued to the shareholder, and the subsequent percentage ownership and its effect on corporate control.

When appropriate, officers should ask a petitioning company to provide all agreements relating to the voting rights of owners, the distribution of profits, the management and direction of the petitioning company, and any other factor affecting actual control of the entity. Without full disclosure of all relevant documents, officers may be unable to determine the elements of ownership and control. [4] Officers may require evidence of the acquisition of the actual ownership interest (such as capital investment, wire transfers, stock purchase agreements, or others) as additional supporting evidence. [5]

The most common types of business relationships that are not qualifying under the L category are those based on contractual, licensing, and franchise agreements. Additional non-qualifying relationships include arrangements such as less than 50-50 joint ventures and charter membership arrangements. [6]

Publicly traded companies regulated by the U.S. Securities and Exchange Commission (SEC) may submit copies of annual reports, where probative, as evidence of their affiliates and subsidiaries. Most annual reports list the company’s foreign affiliates and subsidiaries, along with the company’s ownership interest (for example, controlling, not controlling, and joint venture). Annual reports are frequently prepared by major accounting firms and include audited financial statements. Evidence may also include copies of SEC Forms 10K and 10Q.

Where one or both of the qualifying entities has undergone or will undergo a corporate reorganization (such as merger, spin-off, or acquisition), officers must determine whether the qualifying relationship between the entities will exist following the reorganization. Officers should therefore review standard documents from the merger, including but not limited to: the letter of intent, minutes from shareholder meetings, the Hart-Scott-Rodino antitrust filings (if applicable), as well as the ultimate merger agreement. Unless the company is publicly traded, officers may encounter privacy concerns regarding proprietary or confidential transactional and financial information. In such a case, if a petitioner is unable or unwilling to provide information, adjudicators should determine whether the existing record leads to a finding that the petitioner’s burden has been met.

2. Parent and Subsidiary

A parent is a firm, corporation, or other legal entity that owns another firm, corporation, or other legal entity that qualifies as its subsidiary. [7] A parent owns a subsidiary when it:

Owns more than 50 percent (directly or indirectly) of the entity and controls the entity;

Owns 50 percent (directly or indirectly) of the entity and controls the entity;

Owns 50 percent (directly or indirectly) of the entity that is a 50-50 joint venture and has equal control and veto power over the entity; or

Owns less than 50 percent (directly or indirectly) of the entity but in fact controls the entity. [8]

Therefore, ownership and control are two of the factors that officers must examine in determining whether a qualifying L-1 relationship exists between the foreign employer and the U.S. employer.

Ownership means the legal right of possession with full power and authority to control. Control means the right and authority to direct the management and operations of the business entity. [9]

3. Affiliate

An affiliate meets one of the following:

One of two or more subsidiaries, all of which are owned and controlled [10] by the same parent;

One of two or more legal entities owned and controlled by the same person;

One of two or more legal entities owned and controlled by the same group of persons, each person owning and controlling approximately the same share or proportion of each entity; [11] or

In the case of a partnership organized to provide accounting or management consulting services, an entity inside the United States is an affiliate of an entity outside the United States if:

The entities market their accounting or management consulting services (directly or indirectly) using the same internationally recognized name, under an agreement with the same worldwide coordinating organization; and

The worldwide coordinating organization is collectively owned and controlled by the member accounting or management consulting entities or by their elected members (that is, partners, shareholders, members, employees).

Once these entities meet this definition of affiliate, they continue to be affiliates even if they subsequently enter a plan of association with a successor worldwide coordinating organization that is not collectively owned and controlled by its member entities or their elected members.

Branch means an operating division or office of the same organization housed in a different location. [12] Probative evidence that the U.S. employer is a branch office may include but is not limited to one or more of the following: [13]

A state or territorial business license establishing that the foreign corporation is authorized to engage in business activities in the United States;

Copies of the U.S. Income Tax Return of a Foreign Corporation (IRS Form 1120-F);

Copies of the Employer’s Quarterly Federal Tax Return (IRS Form 941) listing the branch office as the employer;

Copies of the Wage and Tax Statement (IRS Form W-2) listing the branch office as the employer; or

Copies of a lease for office space in the United States.

If the petitioner seeks to transfer the beneficiary from a foreign branch office, the petition should include comparable evidence to establish that the foreign employer is a branch office of a qualifying entity.

B. Doing Business

Doing business is the regular, systematic, and continuous provision of goods or services by a qualifying organization. Therefore, the mere presence of an organization’s office or agent in the United States does not, in and of itself, constitute doing business. [14] Both the U.S. employer and at least one qualifying organization abroad must be doing business for the entire duration of the beneficiary’s stay in the United States as an intracompany transferee. [15] Doing business requires activity, not just registration of the business or office or presence of an agent. [16]

An exception exists for petitioners filing for an L-1 beneficiary coming to be employed by a U.S. organization that has been doing business for less than 1 year. Such a petitioner does not have to be actively engaged in doing business at the time of filing the petition. Instead, the petitioner must submit evidence that it has secured sufficient physical premises to house the new office, and the intended U.S. operation, within 1 year of the approval of the petition, will support an executive, managerial, or specialized knowledge position. [17]

1. Foreign Employer Must Continue to Do Business

There must be a qualifying organization abroad that continues to engage in the regular, systematic, and continuous provision of goods and services for the entire duration of the L-1 beneficiary’s stay for a qualifying relationship to exist. [18]

The presence of a dormant corporation, an agent, or a holding company abroad is not sufficient to establish a qualifying relationship for L-1 purposes. However, the organization does not have to be the same organization that employed the beneficiary abroad.

2. Determination of Doing Business

While the petitioner must show the organization is involved in the continuous provision of goods or services, there is no statutory or regulatory minimum level of business activity that must be conducted for the U.S. and the foreign organizations to meet this eligibility requirement.

However, the organization must be conducting business in a manner that would require the services of a person primarily engaged in a managerial, executive, or specialized knowledge capacity. [19]

In order to make a determination that the organization is conducting sufficient business to require the services of a managerial capacity, executive capacity, or specialized knowledge employee, the organization’s personnel structure and the beneficiary’s stated duties must be placed in the context of the level of business that is being conducted by the organization.

C. Managerial Capacity

Managerial capacity means an assignment within an organization in which the employee primarily: [20]

Manages the organization, or a department, subdivision, function, or component of the organization;

Supervises and controls the work of other supervisory, professional, or managerial employees, or manages an essential function within the organization or a department or subdivision of the organization;

If another employee or other employees are directly supervised, has the authority to hire and fire or recommend those as well as other personnel actions (such as promotion and leave authorization) or, if no other employee is directly supervised, functions at a senior level within the organization hierarchy or with respect to the function managed; and

Exercises discretion over the day-to-day operations of the activity or function for which the employee has authority. [21]

This means that the definition of managerial capacity has two parts:

The petitioner must show that the beneficiary will perform certain high-level responsibilities; [22] and

The petitioner must prove that the beneficiary will be primarily engaged in managerial duties, as opposed to ordinary operational activities alongside the petitioner’s other employees. [23]

The statutory definition of managerial capacity allows for both personnel managers and function managers. [24]

1. Personnel Manager

Personnel managers must primarily supervise and control the work of other supervisory, professional, or managerial employees. A first line supervisor is not acting in a managerial capacity merely by virtue of the supervisor’s supervisory duties unless the employees supervised are professional. [25]

If a beneficiary directly supervises other employees, the beneficiary must also have the authority to hire and fire those employees, or recommend those actions for HR personnel to take, and take other personnel actions. [26]

If staffing levels are to be used as a factor in determining whether the beneficiary has acted or will be acting in a managerial capacity, officers must consider the reasonable needs of the organization, component, or function in light of the overall purpose and stage of development of the organization, component, or function. [27]

Officers should evaluate a position that is primarily supervisory in nature as a personnel manager. [28]

2. Function Manager

As noted above, an L-1 beneficiary may qualify for L-1A classification as a manager based upon their management of an essential function or a core activity. [29] This is known as a function manager.

If a petitioner claims that a beneficiary will manage an essential function, the petitioner must clearly describe the duties to be performed in managing the essential function. That includes identifying the function with specificity, articulating the essential nature of the function, and establishing the proportion of a beneficiary’s daily duties dedicated to managing the essential function. [30]

In addition, the petitioner’s description of a beneficiary’s daily duties must demonstrate that the beneficiary will manage the function rather than perform the duties related to the function.

To qualify as a function manager, the petitioner must demonstrate that: [31]

The function is a clearly defined activity;

The function is essential (that is, core to the organization);

The beneficiary will primarily manage, as opposed to perform, the function;

The beneficiary will act at a senior level within the organizational hierarchy or with respect to the function managed; and

The beneficiary will exercise discretion over the function’s day-to-day operations.

D. Executive Capacity

Executive capacity means an assignment within an organization in which the employee primarily:

Directs the management of the organization or a major component or function of the organization;

Establishes the goal and policies of the organization, component, or function;

Exercises wide latitude in discretionary decision; and

Receives only general supervision or direction from higher level executives, the board of directors, or stockholder of the organization. [32]

All four criteria must be met to qualify as an executive. [33]

An L-1 beneficiary is not acting in an executive capacity merely based on the number of employees that the beneficiary directs or has directed. However, if staffing levels are used as a factor in determining whether an L-1 beneficiary has acted or will be acting in an executive capacity, officers must consider the reasonable needs of the organization, component, or function in light of the overall purpose and stage of development of the organization, component, or function. [34]

An executive directs the management of the organization, major component, or essential function of a given organization by controlling the work of managerial or lower-level executive employees. This control could either take the form of direct supervision of those managers or executives or could be more indirect under some circumstances. For example, a chief financial officer may not have managerial or executive subordinates, but still may have authority over the company’s financial function that is binding on managers elsewhere in the company and affects their work.

Like managerial capacity, the definition of executive capacity has two parts. To demonstrate executive capacity, the petitioner must:

Show that the beneficiary will perform certain high-level responsibilities; [35] and

Prove that the beneficiary will be primarily engaged in executive duties, as opposed to ordinary operational activities alongside the petitioner’s other employees. [36]

Reciting the beneficiary’s vague job responsibilities or broadly-cast business objectives is not sufficient – the petitioner must provide a detailed description of the beneficiary’s daily job duties. The actual duties themselves will reveal the true nature of the employment. [37]

E. Specialized Knowledge

Specialized knowledge means:

Special knowledge of the petitioning organization’s product, service, research, equipment, techniques, management, or other interests and its application in international markets; or

An advanced level of knowledge or expertise in the organization’s processes and procedures. [38]

The corresponding regulation similarly defines specialized knowledge in terms of special or advanced knowledge: “[S]pecial knowledge possessed by an individual of the petitioning organization’s product, service, research, equipment, techniques, management, or other interests and its application in international markets, or an advanced level of knowledge or expertise in the organization’s processes and procedures.” [39]

Because the statute and regulations do not define the terms special or advanced, USCIS refers to their common dictionary definitions, as well as the agency’s practice and experience in this context. The term special is defined in leading dictionaries as “surpassing the usual,” “distinct among others of a kind,” “distinguished by some unusual quality,” “uncommon,” or “noteworthy.” [40]

The term advanced is defined in various dictionaries as “greatly developed beyond an initial stage,” or “ahead or far or further along in progress, complexity, knowledge, skill, etc.” [41]

Applying these definitions to the statutory and regulatory text, a beneficiary seeking L-1B classification for certain specialized knowledge persons and professionals [42] should, as a threshold matter, possess:

Special knowledge, which is knowledge of the petitioning organization’s product, service, research, equipment, techniques, management, or other interests and its application in international markets that is distinct or uncommon in comparison to that generally found in the industry; or

Advanced knowledge, which is knowledge of or expertise in the petitioning organization’s specific processes and procedures that is not commonly found in the relevant industry and is greatly developed or further along in progress, complexity, and understanding than that generally found within the employer.

F. New Office

A new office is an organization that has been doing business in the United States through a parent, branch, affiliate, or subsidiary for less than 1 year. [43]

Because the term organization in the definition of new office is not separately defined, it can be either a U.S. or foreign corporation or other legal entity. [44] The requisite less than 1 year limitation applies to the new offices that meet any of the four individual entity types – parent, branch, subsidiary, or affiliate. [45] Among the factors to be considered are the amount of investment, intended personnel structure, product or service to be provided, physical premises, and viability of the foreign operation.

G. One-Year Foreign Employment Requirement

To qualify for L-1 nonimmigrant classification, among other requirements, the L-1 beneficiary must have been employed abroad by the qualifying organization for 1 continuous year out of the preceding 3 years.

1. Qualifying Employment Must Occur Outside the United States

The 1-year foreign employment requirement is only satisfied by the time a beneficiary spends physically outside the United States working full-time for the petitioner or a qualifying organization. [46] A petitioner cannot use any time that the beneficiary spent in the United States to meet the 1-year foreign employment requirement, even if the qualifying foreign entity paid the beneficiary and continued to employ the beneficiary while the beneficiary was in the United States. Furthermore, the continuous year of foreign employment must be qualifying; that is, the petitioner must demonstrate that the beneficiary worked abroad during that period in a managerial, executive, or specialized knowledge capacity.

2. Requirement Must be Satisfied When Petitioner Files L-1 Petition

The beneficiary must meet the 1-year foreign employment requirement at the time that the petitioner files the L-1 petition.

The 1-year foreign employment requirement ensures the continuity of a beneficiary’s lawful employment with the same international qualifying organization, consistent with the purpose of the intracompany transferee nonimmigrant classification. Therefore, the proper reference point for determining the 1-year foreign employment requirement is the date the petitioner files the initial L-1 petition on the beneficiary’s behalf, the starting point in the noncitizen’s application for admission in L-1 status.

When the petitioner requests an extension of L-1 status (including a change from L-1A to L-1B status, or a change from L-1B to L-1A status), the 1-year requirement must have been met at the time of the filing of the initial L-1 petition.

3. Brief Visits to United States and Tolling of 1-Year Period

Brief visits for business or pleasure in B-1 or B-2 status do not interrupt the 1-year foreign employment requirement. While a qualifying foreign entity employs a beneficiary abroad, brief trips to the United States for business or pleasure in B-1 or B-2 status toll [47] the one continuous year of employment abroad. Therefore, in such cases, officers should subtract the number of days the beneficiary spent in the United States from the time the qualifying foreign entity employed the beneficiary abroad.

For example, if the qualifying foreign entity began employing the beneficiary on January 1, 2016, and the beneficiary made brief trips to the United States that year for a total of 60 days, the beneficiary would need to accrue at least an additional 60 days of qualifying employment abroad after January 1, 2017 to meet the 1-year foreign employment requirement.

4. Working in United States for Qualifying Organization Results in Adjustment of 3-Year Period

Time a beneficiary spent working in the United States for a qualifying organization does not count towards the 1-year foreign employment requirement; however, this time does result in an adjustment of the 3-year period, in that the running of the 3-year period is tolled during that period.

USCIS considers a nonimmigrant in the United States to have come to this country to work for the qualifying organization if the nonimmigrant is employed by that organization as a principal beneficiary of an employment-based nonimmigrant petition or application, such as H-1B or E-2 executive, supervisory, or essential employee. If the beneficiary was admitted to work for the qualifying organization, their U.S. employment for the qualifying organization need not be in a managerial, executive, or specialized knowledge capacity to affect the dates of the relevant 3-year period used to determine whether the 1-year foreign employment requirement has been satisfied.

For example, if a beneficiary worked in the United States in valid H-1B status for a qualifying organization from January 2, 2017 through January 2, 2018, and the petitioner filed for L-1 nonimmigrant status for the employee on January 2, 2018, the relevant 3-year period is from January 1, 2014 to January 1, 2017.

On the other hand, the time a beneficiary spent working while in a dependent status does not result in an adjustment of the 3-year period. For example, time spent by a beneficiary in L-2 status does not result in an adjustment of the 3-year period, because the beneficiary was admitted as an L-2 to join the L-1 principal and not to work for a qualifying organization.

Likewise, if a beneficiary was admitted as an F-1 nonimmigrant and later applies for optional practical training (OPT) employment with the qualifying organization, the time spent in F-1 nonimmigrant status does not result in an adjustment to the 3-year period, because the purpose of admission was for study and not to work for the qualifying organization.

The time a beneficiary spent in the United States working for an unrelated employer, or not working at all, also does not result in an adjustment of the 3-year period. A break longer than 2 years in employment with the qualifying organization during the 3 years preceding the filing of the L-1 petition renders the beneficiary unable to meet the 1-year foreign employment requirement.

Periods the beneficiary spent in the United States without working (except for brief visits for business or pleasure in B-1 or B-2 status), or while working for an unrelated employer, interrupt the 1-year continuous foreign employment requirement, and officers should not adjust the 3-year period.

An otherwise eligible beneficiary may again qualify for the L-1 classification following a new 1-year period during which the beneficiary is employed by the qualifying organization abroad in a managerial, executive, or specialized knowledge capacity.

The relevant point in time for an officer to determine whether a beneficiary satisfies the 1-year foreign employment requirement is the date on which the petitioner filed the initial L-1 petition, regardless of when the beneficiary was, or will be, admitted to the United States.

5. Calculating 1-Year Period

Officers should take the following steps when determining whether the petitioner has established the 1-year foreign employment requirement. Officers should always look back 3 years from the date the initial L-1 petition was filed and then follow the steps listed in the table below.

[^ 1] For more information about doing business, see Section B, Doing Business [ 2 USCIS-PM L.6(B) ].

[^ 2] See INA 101(a)(15)(L) . See 8 CFR 214.2(l)(1)(ii)(G) .

[^ 3] See 8 CFR 214.2(l)(7)(i)(C) .

[^ 4] See Matter of Siemens Medical Systems, Inc. (PDF) , 19 I&N Dec. 362 (Comm. 1986).

[^ 5] See 8 CFR 214.2(l)(3)(viii) .

[^ 6] See discussions of various qualifying and non-qualifying relationships in Matter of Schick (PDF) , 13 I&N Dec. 647 (Reg. Comm. 1970); Matter of Del Mar Ben, Inc. (PDF) , 15 I&N Dec. 5 (Reg. Comm. 1974); Matter of Aphrodite Investments, Ltd. (PDF) , 17 I&N Dec. 530 (Comm. 1980); Matter of Tessel, Inc. (PDF) , 17 I&N Dec. 631 (Acting Assoc. Comm. 1981); Matter of Barsai (PDF) , 18 I&N Dec. 13 (Reg. Comm. 1981); Matter of Hughes (PDF) , 18 I&N Dec. 289 (Comm. 1982); and Matter of Siemens Medical Systems, Inc. (PDF) , 19 I&N Dec. 362 (Comm. 1986).

[^ 7] See 8 CFR 214.2(l)(1)(ii)(I) .

[^ 8] See 8 CFR 214.2(l)(1)(ii)(K) .

[^ 9] See Matter of Church Scientology International (PDF) , 19 I&N Dec. 593 (Comm. 1988). See Matter of Siemens Medical Systems, Inc. (PDF) , 19 I&N Dec. 362 (Comm. 1986). See Matter of Hughes (PDF) , 18 I&N Dec. 289 (Comm. 1982).

[^ 10] Ownership and control are two of the factors that officers must examine in determining whether an affiliated relationship exists.

[^ 11] See 8 CFR 214.2(l)(1)(ii)(L) .

[^ 12] See 8 CFR 214.2(l)(1)(ii)(J) .

[^ 13] No single piece of evidence listed, or lack thereof, necessarily establishes the existence or non-existence of a branch office in all cases. Accordingly, the probative value of the evidence submitted varies on a case-by-case basis.

[^ 14] See 8 CFR 214.2(l)(1)(ii)(H) .

[^ 15] See 8 CFR 214.2(l)(1)(ii)(G) . See Matter of Chartier (PDF) , 16 I&N Dec. 284 (BIA 1977).

[^ 16] See 8 CFR 214.2(l)(1)(ii)(H) .

[^ 17] See 8 CFR 214.2(l)(3)(v ). See Chapter 8, Documentation and Evidence, Section B, Evidence for Beneficiary (New Office) [ 2 USCIS-PM L.8(B) ].

[^ 18] See 8 CFR 214.2(l)(1)(ii)(G) . See Matter of Chartier (PDF) , 16 I&N Dec. 284 (BIA 1977).

[^ 19] See Family Inc. v. USCIS , 469 F.3d 1313, 1316 (9th Cir. 2006). See Champion World, Inc. v. INS , 940 F.2d 1533 (9th Cir. 1991) (unpublished table decision).

[^ 20] See Chapter 3, Managers and Executives (L-1A) [ 2 USCIS-PM L.3 ].

[^ 21] See INA 101(a)(44)(A) . See 8 CFR 214.2(l)(1)(ii)(B) .

[^ 22] See Champion World, Inc. v. INS , 940 F.2d 1533 (9th Cir. 1991) (unpublished table decision).

[^ 23] See Family Inc. v. USCIS , 469 F.3d 1313, 1316 (9th Cir. 2006). See Champion World , 940.F.2d 1533 (9th Cir. 1991) (unpublished table decision).

[^ 24] See INA 101(a)(44)(A)(i) and INA 101(a)(44)(A)(ii) .

[^ 25] See INA 101(a)(44)(A)(iv) . See 8 CFR 214.2(l)(1)(ii)(B)(4) .

[^ 26] See 8 CFR 214.2(l)(1)(ii)(B)(3) .

[^ 27] See INA 101(a)(44)(C) .

[^ 28] See INA 101(a)(44)(A)(ii) .

[^ 29] An organization may have more than one core activity.

[^ 30] See 8 CFR 214.2(l)(3)(ii) .

[^ 31] See Matter of G- Inc. (PDF, 130.68 KB) , Adopted Decision 2017-05 (AAO Nov. 8, 2017).

[^ 32] See INA 101 (a)(44)(B) . See 8 CFR 214.2(l)(1)(ii)(C) .

[^ 33] See INA 101 (a)(44)(B) . See 8 CFR 214.2(l)(1)(ii)(C) .

[^ 34] See INA 101(a)(44)(C).

[^ 35] See Champion World, Inc. v. INS , 940 F.2d 1533 (9th Cir. 1991) (unpublished table decision).

[^ 36] See Family Inc. v. USCIS , 469 F.3d 1313, 1316 (9th Cir. 2006). See Champion World, Inc. v. INS , 940.F.2d 1533 (9th Cir. 1991) (unpublished table decision).

[^ 37] See Fedin Bros. Co., Ltd. v. Sava , 724 F. Supp. 1103, 1108 (E.D.N.Y. 1989), aff'd , 905 F.2d 41 (2nd Cir. 1990).

[^ 38] See INA 214(c)(2)(B) . See 8 CFR 214.2(l)(1)(ii)(D) .

[^ 39] See 8 CFR 214.2(l)(1)(ii)(D) .

[^ 40] See Merriam-Webster Dictionary’s definition of “special.” See Oxford English Dictionary’s definition of “special."

[^ 41] See Merriam-Webster Dictionary’s definition of “advanced.” See Oxford English Dictionary’s definition of “advanced.”

[^ 42] See Chapter 4, Specialized Knowledge Professionals (L-1B) [ 2 USCIS-PM L.4 ].

[^ 43] See 8 CFR 214.2(l)(1)(ii)(F) . See Chapter 8, Documentation and Evidence, Section B, Evidence for Beneficiary (New Office) [ 2 USCIS-PM L.8(B) ].

[^ 44] For the definition of qualifying organization, see Section A, Qualifying Organization [ 2 USCIS-PM L.6(A) ].

[^ 45] The regulations separately define parent, branch, subsidiary, and affiliate in 8 CFR 214.2(l)(1)(ii) (8 CFR 214.2(l)(1)(ii)(I), (J), (K), and (L), respectively). The regulations define a branch as “an operating division or office of the same organization housed in a different location,” illustrating that the organization is not limited to only one location in the United States.

[^ 46] For the definition of qualifying organization, see Subsection 1, Qualifying Organization [ 2 USCIS-PM L.7(D)(1) ].

[^ 47] The term toll means that the beneficiary’s time in the United States will count neither towards nor against the 1-year foreign employment requirement.

8 CFR 214.1(c)(5) - Decision on application for extension or change of status

8 CFR 214.2(l) - Intracompany transferees

8 CFR 214.2(q)(5)(ii) - Petition for multiple participants

INA 101(a)(15)(L) - Definition of L nonimmigrant classification

INA 101(a)(44) - Definition of managerial capacity and executive capacity

INA 214(c) - Admission of nonimmigrants

INA 214(c)(12) - Fraud prevention and detection fee

INA 214(c)(2) - Petition of importing employer for L nonimmigrant

I-129, Petition for Nonimmigrant Worker

I-539, Application To Extend/Change Nonimmigrant Status Application To Extend/Change Nonimmigrant Status

How to Use the USCIS Policy Manual Website (PDF, 2.99 MB)

No appendices available at this time.

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to clarify how USCIS determines eligibility for L-1 nonimmigrants seeking classification as managers or executives or specialized knowledge workers. Note: This update consolidates and updates guidance that was previously contained in the Adjudicator’s Field Manual (AFM) Chapter 32, as well as related AFM appendices and policy memoranda. This update is not intended to change existing policy or create new policy.

2 USCIS-PM L - Part L - Intracompany Transferees (L)

This technical update replaces all instances of the term “alien” with “noncitizen” or other appropriate terms throughout the Policy Manual where possible, as used to refer to a person who meets the definition provided in INA 101(a)(3) [“any person not a citizen or national of the United States”].

1 USCIS-PM - Volume 1 - General Policies and Procedures

2 USCIS-PM - Volume 2 - Nonimmigrants

6 USCIS-PM - Volume 6 - Immigrants

7 USCIS-PM - Volume 7 - Adjustment of Status

8 USCIS-PM - Volume 8 - Admissibility

9 USCIS-PM - Volume 9 - Waivers and Other Forms of Relief

10 USCIS-PM - Volume 10 - Employment Authorization

11 USCIS-PM - Volume 11 - Travel and Identity Documents

12 USCIS-PM - Volume 12 - Citizenship and Naturalization

U.S. Citizenship and Immigration Services (USCIS) is revising its policy guidance in the USCIS Policy Manual to align with the Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements Final Rule, published in the Federal Register on August 3, 2020. This guidance becomes effective October 2, 2020. For information regarding implementation, see Appendix: 2020 Fee Rule Litigation Summary .

1 USCIS-PM A - Part A - Public Services

1 USCIS-PM B - Part B - Submission of Benefit Requests

7 USCIS-PM A - Part A - Adjustment of Status Policies and Procedures

7 USCIS-PM F - Part F - Special Immigrant-Based Adjustment

7 USCIS-PM M - Part M - Asylee Adjustment

11 USCIS-PM A - Part A - Secure Identity Documents Policies and Procedures

U.S. Citizenship and Immigration Services (USCIS) is updating and incorporating relevant Adjudicator’s Field Manual (AFM) content into the USCIS Policy Manual. As that process is ongoing, USCIS has moved any remaining AFM content to its corresponding USCIS Policy Manual Part, in PDF format, until relevant AFM content has been properly incorporated into the USCIS Policy Manual. To the extent that a provision in the USCIS Policy Manual conflicts with remaining AFM content or Policy Memoranda, the updated information in the USCIS Policy Manual prevails. To find remaining AFM content, see the crosswalk (PDF, 316.97 KB) between the AFM and the Policy Manual.

3 USCIS-PM - Volume 3 - Humanitarian Protection and Parole

4 USCIS-PM - Volume 4 - Refugees and Asylees

5 USCIS-PM - Volume 5 - Adoptions

This technical update replaces all instances of the term “foreign national” with “alien” throughout the Policy Manual as used to refer to a person who meets the definition provided in INA 101(a)(3) [“any person not a citizen or national of the United States”].

Version History

No historical versions available.

Travel One Employment

Company Name : Travel One Employment
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Business Type : Agent

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Temporary visa to work in the U.S.

Learn about the requirements to apply for a nonimmigrant temporary worker visa and to sponsor a worker for employment in the U.S.

Find out if you qualify for a temporary worker nonimmigrant visa

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Use this temporary (nonimmigrant) worker classification table to see which classification applies to the job you are offering.
After determining the classification, refer to the Form I-129, Petition for Nonimmigrant Worker page. It lists the classifications that require employers to submit the form to USCIS.

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Domestic Renewal of H-1B Nonimmigrant Visas for Certain Applicants

A citizen of a foreign country who wishes to work in the United States must first get the right visa. If the employment is for a fixed period, the applicant can apply for a temporary employment visa. There are 11 temporary worker visa categories. Most applicants for temporary worker visas must have an approved petition. The prospective employer must file the petition on behalf of the applicant. U.S. Citizenship and Immigration Services (USCIS) reviews the petition.

Temporary worker visa categories

Labor certification.

Certain visa categories need an approved labor certification. First, the prospective employer must apply for the labor certification with the Department of Labor . Then, the prospective employer can file the Petition for a Nonimmigrant Worker, Form I-129, with USCIS. Please refer to the Instructions for Form I-129 on the USCIS website to confirm if you need the labor certification.

Petition Approval

Some temporary worker categories are limited in the total number of petitions which can be approved on a yearly basis. Before an applicant can apply for a temporary worker visa, USCIS must first approve the Petition for a Nonimmigrant Worker, Form I-129 . For more information about the petition process, see Working in the U.S. and Temporary (Nonimmigrant) Workers on the USCIS website. Once USCIS approves the petition, it will send the prospective employer a Notice of Action, Form I-797.

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Effective immediately, U.S. Embassies and Consulates will adjudicate visa applications that are based on a same-sex marriage in the same way that we adjudicate applications for opposite gender spouses. Please reference the specific guidance on the visa category for which you are applying for more details on documentation required for derivative spouses. For further information, please see our FAQ’s .

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You may apply for a visa when USCIS has approved your petition. There are several steps in the visa application process. The order of these steps and how you complete them may vary at the U.S. embassy or consulate where you apply. Please visit the embassy or consulate website for instructions on how to apply.

Complete The Online Visa ApplicationComplete The Online Visa Application

Online Nonimmigrant Visa Application, Form DS-160 – Learn more about completing the DS-160 . You must: 1) complete the online visa application and 2) print the application form confirmation page to bring to your interview.
Photo –You will upload your photo while completing the online Form DS-160. Your photo must be in the format explained in the Photograph Requirements .

Schedule an Interview

Applpicants of a certain age may not need to have an interview. Consular officers have the discretion to interview any applicant, regardless of age.

You must schedule an appointment for your visa interview at any U.S. Embassy or Consulate where you live. However, it may be difficult to qualify for a visa outside of your place of permanent residence.

Wait times for interview appointments vary by location, season, and visa category. You should apply for your visa early. Review the interview wait time for the location where you will apply:

Appointment Wait Time

Check the estimated wait time for a nonimmigrant visa interview appointment as a U.S. Embassy or Consulate.

Note: Please check the individual Embassy or Consulate website to determine if your case is eligible for a waiver of the in-person interview.

Applicants scheduling visa appointments in a location different from their place of residence should check post websites for nonresident wait times.

Select a U.S. Embassy or Consulate:

You will need to provide the receipt number to schedule an interview. The receipt number is printed on your approved Petition for a Nonimmigrant Worker, Form I-129, or Notice of Action, Form I-797.

Prepare for your Interview

Fees - Pay the non-refundable visa application fee , if you are required to pay it before your interview. When your visa is approved, you may also pay a visa issuance fee, if applicable to your nationality. Fee information is provided below:

Select your nationality to see Issuance Fee

Reciprocity Fees

Nonimmigrant visa applicants from certain countries*/areas of authority may be required to pay a visa issuance fee after their application is approved. These fees are based on the principle of reciprocity: when a foreign government imposes fees on U.S. citizens for certain types of visas, the United States will impose a reciprocal fee on citizens of that country*/area of authority for similar types of visas.

Check the Reciprocity Fees

Fee payment information is available on the website of the embassy or consulate where you will apply.
L visa applicants included in a L blanket petition : must also pay the Fraud Prevention and Detection fee and may need to pay the Border Security Act fee. Select All Fees to learn more.

Gather Required Documentation

Gather and prepare the following required documents before your visa interview:

Passport valid for at least six months beyond your period of stay in the United States (unless exempt by country-specific agreements ). Each person included in a single passport needs a separate visa application.
Nonimmigrant Visa Application, Form DS-160 confirmation page .
Application fee payment receipt, if you are required to pay before your interview.
Photo – You will upload your photo while completing the online Form DS-160. If the photo upload fails, you must bring one printed photo in the format explained in the Photograph Requirements .
Petition Receipt Number as it appears on your Petition for a Nonimmigrant Worker, Form I-129, or Notice of Action, Form I-797.
L Visa Applicants included in an L blanket petition, must bring Form I-129S to the interview.

Legal Rights and Protections

H-1B, H-2A, and H-2B visa applicants should read the Legal Rights and Protections pamphlet before applying for a visa. The pamphlet includes information on your rights in the United States and protection available to you.

Additional Documentation May Be Required

Review the instructions on how to apply for a visa on the website of the embassy or consulate where you will apply. Additional documents may be requested to establish if you are qualified.

Most visa applicants, except H-1B and L, need to show their intent to return to their home country after their temporary stay in the United States. They can do so by showing proof of compelling ties to the home country, which may include:

A residence abroad which you do not intend to abandon
Your family relationships
Your economic situation
Your long term plans

Attend your Visa Interview

During the visa interview, a consular officer will determine if you are eligible for the visa. The consular officer will also determine if the visa category is appropriate for your purpose of travel. You will need to establish that you meet the requirements under U.S. law to receive the category of visa for which you are applying.

Ink-free, digital fingerprint scans will be taken as part of your application process. They are usually taken during your interview, but this varies based on location.

After your visa interview, your application may need further administrative processing . A consular officer will inform you if further processing is necessary for your application.

Depending on your nationality, you may need to pay a visa issuance fee. You must pay this fee when the visa is approved. The embassy will explain how your passport with visa will be returned to you. Review the visa processing time , to learn how soon your passport with visa will generally be ready for pick-up or delivery by the courier.

Entering the United States

A visa allows a foreign citizen to travel to a U.S. port-of-entry (generally an airport). A visa also allows you to request permission to enter the United States. A visa does not guarantee entry into the United States. U.S. Customs and Border Protection (CBP) officials at the port-of-entry have authority to permit or deny admission to the United States. When admitted, you may get an admission stamp or Form I-94, Arrival/Departure Record. Review the CBP website to learn more about entry requirements and customs restrictions.

Extending Your Stay

You must leave the United States on or before the date indicated on your admission stamp or Form I-94. You can request to extend your stay by contacting USCIS. Visit USCIS's Extend Your Stay website for more information.

Failure to leave the United States on time will result in you being out of status . Under U.S. law, visas of travelers who are out of status are automatically voided ( Section 222(g) of the Immigration and Nationality Act ). If you had a multiple-entry visa and it was voided due to you being out of status, it will not be valid for future entries into the United States.

Failure to leave the United States on time may also result in you being ineligible for visas you may apply for in the future. Review Visa Denials and Ineligibilities and Waivers: Laws to learn more.

Change of Status

While in the United States, you may be able to request a change to another nonimmigrant category. See Change My Nonimmigrant Status on the USCIS website to learn more.

Requesting a change of status does not require that you apply for a new visa, as long as you remain in status. If you cannot remain in status while USCIS processes your change of status request, you must apply for a visa at a U.S. embassy or consulate.

Additional Information

The approval of a petition does not guarantee that you will get a visa. Do not make final travel plans or buy tickets until you have a visa.
Spouse and Children –
Your spouse and unmarried, minor children may also apply for the same visa category as you to accompany or join you. The only exception is for Cultural Exchange Visitor Q-1 visa applicants. You must be able to show that you will be able to financially support your family in the United States.
For more information, visit USCIS’s Temporary Workers information and Employment Authorization website.
Unless canceled or revoked, a visa is valid until its expiration date. Therefore, a valid U.S. visa in an expired passport is still valid. If you have a valid visa in your expired passport, do not remove it from your expired passport. You may use your valid visa in your expired passport along with a new valid passport for travel and admission to the United States.

Visa Denial and Ineligibility

Review Visa Denials for detailed information about visa ineligibilities, denials and waivers.

Visa Renewal

The same visa application process applies for first-time applicants and renewals. Please review How to Apply for more information. Some applicants may be eligible for interview waiver. Interview waiver allows eligible individuals to renew their visa without an in-person interview. To determine if you are eligible for interview waiver, please review the instructions on the website of the U.S. Embassy or Consulate where you will apply.

I was refused a visa under section 214(b). May I reapply?

Yes, if you feel circumstances have changed regarding your application. Review Visa Denials to learn more.

Misrepresentation or Fraud

Attempting to obtain a visa by the willful misrepresentation of a material fact, or fraud, may result in the permanent refusal of a visa or denial of entry into the United States.

Review Ineligibilities and Waivers: Laws .

Citizen of Canada and Bermuda

Citizens of Canada and Bermuda do not need visas to enter the United States as temporary workers. These applicants do need a temporary worker petition approved by USCIS. For more information see the U.S. Embassy Ottawa website , the U.S. Consulate Hamilton website and the CBP website .

Additional resources for Canadian temporary workers to the United States can be found on the U.S. Embassy Ottawa website in Canada.

Further Questions

Case-Specific Questions - Contact the U.S. Embassy or Consulate handling your visa application for status information. Select U.S. Embassy or Consulate for contact information.
General Questions - review Contact Us .

More Information

A-Z Index Legal Rights & Protections Lost/Stolen Travel Documents Denials Temporary Workers-USCIS Fraud Warning Border Security/Safety Visa Expiration Date Automatic Revalidation Nonimmigrants in the United States–Applying for Visas in Canada or Mexico Visa Applicants - State Sponsors of Terrorism Find a U.S. Embassy or Consulate Customer Service Statement

External Link

You are about to leave travel.state.gov for an external website that is not maintained by the U.S. Department of State.

Links to external websites are provided as a convenience and should not be construed as an endorsement by the U.S. Department of State of the views or products contained therein. If you wish to remain on travel.state.gov, click the "cancel" message.

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Success title

Chapter 6 - Key Concepts

1. Qualifying Relationship

2. Parent and Subsidiary

3. Affiliate

B. Doing Business

1. Foreign Employer Must Continue to Do Business

2. Determination of Doing Business

C. Managerial Capacity

1. Personnel Manager

2. Function Manager

D. Executive Capacity

E. Specialized Knowledge

F. New Office

G. One-Year Foreign Employment Requirement

1. Qualifying Employment Must Occur Outside the United States

2. Requirement Must be Satisfied When Petitioner Files L-1 Petition

3. Brief Visits to United States and Tolling of 1-Year Period

4. Working in United States for Qualifying Organization Results in Adjustment of 3-Year Period