Can SK work visa holders apply for US visa?

Yes, an Indian passport holder with a valid South Korean work visa is eligible to apply for a U.S. work visa, but holding a South Korean work visa does not directly impact or enhance your eligibility for a U.S. work visa. The U.S. visa system is based on your nationality, qualifications, and a valid job offer from a U.S. employer, not on your work status in another country.

Key Points to Understand:

1. U.S. Work Visa Depends on Sponsorship, Not Other Work Visas

• To apply for a U.S. work visa (e.g., H-1B, L-1, O-1, TN, etc.), you must have a job offer from a U.S.-based employer.

• The South Korean work visa does not influence your eligibility for a U.S. visa, since the U.S. does not consider work visas from other countries as part of its selection process.

2. Your Indian Citizenship Determines the Process

• As an Indian citizen, you will follow the standard U.S. visa process for Indian nationals, regardless of where you currently live or work.

• You can apply for a U.S. work visa from:

o India, your home country

o Or from South Korea, if you’re legally residing and working there and the U.S. Embassy in Korea accepts third-country nationals

3. Where You Apply Depends on Residency Status

• If you’ve been working legally in South Korea for a significant time, and have all the proper documentation (like ARC – Alien Registration Card), you may be able to apply from the U.S. Embassy in Seoul.

• However, the U.S. embassy has the right to refuse visa services to non-Korean residents and may ask you to apply in India.

4. You Still Need a U.S. Employer to Sponsor You

• You must:

o Secure a job offer

o Have your employer file a petition (Form I-129) with USCIS

o Wait for petition approval

o Then apply for a U.S. work visa (like H-1B) at a U.S. consulate or embassy

5. Eligibility Criteria Still Apply

• You must meet all normal visa requirements, including:

o Relevant qualifications and experience

o English proficiency (if needed)

o No prior visa violations

o Clear intent to work legally in the U.S.

Summary:

Yes, an Indian citizen with a South Korean work visa can apply for a U.S. work visa, but the U.S. will evaluate your application independently of your Korean status. You’ll need a job offer and sponsorship from a U.S. employer and must apply through the standard visa process. You can apply either from South Korea (if eligible) or from India, depending on your legal residency status and the U.S. embassy’s policies.