If you want to work in the US as an employee of a foreign company or business, you may be eligible for an S-1 visa. This visa category is designed for executives, managers, and specialized knowledge employees who wish to work for their company’s US branch.
In this article, we’ll delve into all the essential information you need to know about applying for an S-1 visa, including eligibility requirements, application process, and benefits.
- An S-1 visa is a non-immigrant visa that allows foreign company employees to work in the US for their employer’s US branch.
- Applicants must be in a managerial, executive, or specialized knowledge position to qualify for an S-1 visa.
- The S-1 visa can be obtained through a US embassy or consulate in the applicant’s home country.
- The application process involves completing and submitting Form I-129 along with supporting documents to the United States Citizenship and Immigration Services (USCIS).
- The S-1 visa allows multiple entries and can be renewed for up to seven years.
To be eligible for an S-1 visa, the applicant must meet the following requirements:
- The applicant must be employed by a foreign company, and the said company must have a US branch office or subsidiary.
- The applicant must have worked for the foreign company for a minimum of one continuous year in the three years preceding the visa application.
- The position held by the applicant in the foreign company must be managerial, executive, or specialized knowledge.
- The applicant must be coming to work in a managerial, executive, or specialized knowledge capacity in the US.
The application process for an S-1 visa involves the following steps:
Step 1: Filing the Petition
The first step in obtaining an S-1 visa is filing Form I-129, Petition for a Nonimmigrant Worker, along with supporting documents with the USCIS.
The supporting documents typically include:
- A detailed job description of the position to be filled, and also a copy of the applicant’s employment contract with the employer.
- Proof of the applicant’s qualifications, such as diplomas, degrees, and other certificates that verify the applicant’s professional expertise.
- Documentation of the employer’s business in the US, such as business licenses, tax returns, and other legal documents.
- Evidence to demonstrate that the employer has the financial resources to pay the applicant’s salary.
Step 2: Schedule and Attend Consular Appointment
Once the USCIS approves the S-1 visa petition, the applicant must schedule a consular appointment with a US embassy or consulate in their home country.
At the interview, the applicant must provide biometrics and present the necessary documents such as a passport, visa fee payment receipt, and S-1 visa petition approval notice.
Step 3: Receive Visa and Travel to the US
If approved, the applicant will receive an S-1 visa stamped in their passport, which allows them to travel to the US to work for their employer.
Benefits of an S-1 Visa
- The S-1 visa allows foreign company employees to work in the US for their employer’s US branch.
- The visa is valid for multiple entries, so the holder can leave and re-enter the US as long as the visa remains valid.
- S-1 visa holders are eligible to apply for an extension of stay in the US, which can last up to seven years.
What is the processing time for the S-1 visa?
The processing time for an S-1 visa varies depending on the applicant’s home country and the current USCIS workload. Generally, the processing time ranges from several weeks to several months.
Can an S-1 visa holder change employers in the US?
No. An S-1 visa holder can only work for the US branch of the foreign company that sponsored the visa.
Can an S-1 visa holder bring their family members to the US?
Yes. S-1 visa holders can bring their spouse and unmarried children under 21 to the US on an S-1 dependent visa.