Working in the USA. How a Belarusian can get legal employment

Finding a job in the USA

One of the main conditions for successful employment is having a good level of English. Working in the USA without knowing the language is practically impossible. Qualifications, experience, and level of education are of great importance.

Employment procedure

Work in the USA for foreigners, including Belarusians, is primarily associated with finding an American employer who will agree to sign an employment contract with a foreign employee, which will allow them to obtain a work visa. This is a mandatory condition.

The basis for obtaining a work visa is a work permit, form
I-765. The work permit is issued by the US immigration service.

For legal employment in the USA, you must have:

- a work visa;
- a signed employment contract.

Main types of work visas in the USA

H-1B visa is mainly issued to highly qualified foreign specialists with work experience in a specific profession;
H-2B is a temporary visa to the USA for seasonal workers, issued for up to 1 year (does not apply to agricultural work);
L-1 visa is issued to executives, top managers, and especially valuable specialists to work in a branch or representative office of a foreign company operating in the USA;
H-3 (for internships in American companies);
H-2A (for agricultural workers);
H-1B3 (subcategory of the H-1B visa for well-known models working in the USA);
H-1C (for registered nurses);
O-1 (for exceptionally talented foreigners in the fields of science, sports, business, art, and education);
P-1 (short-term visa, usually valid for up to one year. Issued to outstanding athletes, entrepreneurs, cultural and art figures to participate in certain events or seasonal competitions);
Q-1 (for foreigners coming to the USA under cultural exchange programs);
R-1 (for religious figures).

List of documents for obtaining a work visa

1. DS-160 form;
2. valid passport and all old passports;
3. digital photo 5x5 cm, taken no later than 6 months before the date of submitting the documents;
4. receipt of payment of the fee;
5. form I-129 number;
6. petition from the employer (I-129 Petition for non-immigrant worker);
7. form I-797 (Notice of action);
8. invitation letter;
9. documents confirming professional qualifications, including higher education diplomas;
10. bank statement showing account balance and transactions for the last 3–6 months;
11. confirmation of the interview invitation;
12. additionally, you can provide: diplomas, forms from previous places of work indicating position or project, recommendations, resume, copy of marriage/divorce registration certificate; copy of children's birth certificate (under 18 years of age); copies of real estate/car documents, etc.

Medical coverage abroad

It is preferable to work for an employer who pays the entire monthly cost of health care coverage, rather than covering only part of the cost, or to purchase health insurance independently.

More detailed information can be obtained from the U.S. Department of Health and Human Services (HHS). Phone: 1-877-696-6775 www.hhs.gov

Where to go in case of violation of labor rights

The employer must pay their hourly employees at least the minimum wage, plus one and a half times for any hours exceeding 40 during the workweek, and maintain safe and sanitary working conditions. Employers also cannot discriminate against current or potential employees based on race, ethnicity, gender, religion, disability, or age.

If the employer has not paid compensation in accordance with applicable wage and working hour laws, has not complied with health and safety regulations, or has discriminated, a complaint can be filed with federal or state authorities.

If you have a question about which agency has jurisdiction over a situation involving a violation of labor rights, you can clarify by calling 1-800-FED-INFO (or 1-800-333-4636)

U.S. Government website. General information about agencies and departments of the U.S. federal government: www.usa.gov

1. U.S. Department of Labor website. How to get unpaid wages from the employer: https://webapps.dol.gov/wow/Home/Maintenance

2. U.S. Department of Labor website. Rights to fair wages, as well as rules for filing a complaint regarding wages: www.dol.gov/WHD/immigration

3. The website of the U.S. Equal Employment Opportunity Commission. Information about equal rights and the right to freedom from discrimination in the workplace based on race, religion, sex (including the right to pregnancy), age (if 40 or older), disability, or genetic information, as well as information on how to file a lawsuit for discrimination: www.eeoc.gov

4. The website of the U.S. Department of Justice. Filing a complaint about a violation of the right to freedom from discrimination based on nationality: www.justice.gov/crt/filing-charge

5. The website of the U.S. Department of Labor, Occupational Safety and Health Administration. Rights to workplace safety, information on how to request a workplace inspection: www.osha.gov

6. The website of the International Organization for Migration. IOM programs on the return and reintegration of victims of human trafficking: https://www.iom.int/countries/united-states-america

Links to websites and information in Russian:

a. Guide for new immigrants to the USA: https://www.uscis.gov/sites/default/files/document/guides/M-618_r.pdf

b. Brochure about rights while working in the USA "KNOW YOUR RIGHTS": https://travel.state.gov/content/dam/visas/LegalRightsandProtections/Wilberforce/Wilberforce-RUS-332017.pdf