How to Get Visa Sponsorship for Data Science Jobs: Visa Types and Strategies in 2024

The US is the premier destination for international data scientists. Some are attracted to the pace of innovation, and others to the higher pay. Whatever your reason, you’ll need a valid visa before starting any data science job.

Data scientists can be sponsored to work in the US under different visas, but each has specific requirements and implications. US immigration law is also complex, and visa allocations are competitive. Having a strategy before starting the process will be to your advantage.

In this article, we will look at the different visa types for which you can be sponsored to work in a data science job in the US. We will also highlight strategies that can increase your chances of obtaining sponsorship, as well as how to make the most of any visa you receive.

Temporary or non-immigrant visas allow you to live and work in the US for a limited period. Many people use them as a starting point before applying for a green card. Key temporary visa options you can get sponsored for to work a data science job are discussed below.

H-1B Visa

The H-1B visa is designed for individuals in specialty occupations. To qualify for it, you must have at least a bachelor’s degree in a field relevant to the specialty occupation you intend to work in. For a data science job, this could be a degree in data science, statistics, etc.

If the data science job involves working on a research and development project with the Department of Defense (DOD) you can also be sponsored for a H-1B2 visa.

Your H-1B visa is initially valid for a maximum of three years. This period can be extended, but the total duration of stay is usually capped at six years. Only 65,000 H-1B visas are approved each financial year, but if you graduated with a master’s degree or higher from a US college or work at a college or research organization, your application won’t be subject to this cap.

L-1A Visa

If you work for a multinational company based in the US or one not based in the US but intending to open an office here, you can be transferred to a US office if your employer sponsors you for an L-1A visa. This visa is only suitable for data science jobs at an executive or managerial level, and you must have worked at that level for at least one continuous year in the past three years.

If you’re transferring to an existing office, your initial stay is capped at three years. Subsequent increments can be granted, but you can only work under this visa for a maximum of seven years.

L-1B Visa

A company can also transfer you to their US office or hire you to help establish one by sponsoring you for an L-1B visa. This visa is intended for employees who possess specialized knowledge. The initial stay is capped at 3 years, but increments can be granted until the 5-year limit is reached.

O-1 Visa

O-1 visas are for individuals with extraordinary abilities. Data scientists can be sponsored for an O-1A visa because it includes extraordinary abilities in the sciences. To qualify for this visa, you must be able to demonstrate this extraordinary ability and intend to work in the same field.

The initial stay is capped at 3 years, but you can apply for increments if you can show you need the extension to continue the work. You’ll have to do this at least once every year.

E-3 Visa

The E-3 visa is one of several work visas that only apply to specific countries or regions. In this case, only Australian nationals can apply for an E3 visa if they intend to work in a specialty occupation such as data science and have received an employment offer.

The initial stay is capped at 2 years, with 2-year extensions allowed. However, there is no cap on the maximum number of years you can live and work under an E-3 visa.

TN Visa (NAFTA)

The TN visa was established by NAFTA to permit Mexican and Canadian professionals to work in the US. Data science isn’t yet an option in the list of NAFTA professionals but you can check the list to determine the option that best aligns with the role you’ve been offered or intend to work in. Note that there are different requirements for Canadian and Mexican nationals.

Student and Exchange Visas

Getting sponsored for a student or exchange visa can also serve as an indirect route to working data science jobs in the US. These visas will allow you to learn in the US and interact with employers who may sponsor you for a H-1B visa in the future. A long-term strategy is important if you plan to start on these visas and change your status in the future.

1. Get an office transfer (L-1A or L-1B)

The first option is to work for a company that will transfer you to another office. This often works better with larger, multinational companies (e.g., FAANG). There are two types of office transfer visas. The L-1A visa is for managers and executives to be transferred to an office in the US.

More relevant to most data scientists is the L-1B visa type, for workers with “specialized knowledge.” These workers can work in the US for up to five years incrementally, with an initial period of either one or three years, depending on whether they are establishing a new office in the US.

2. Go to school (F)

Going to school in the US grants individuals with an F visa (undergraduate or graduate). However, any students on an F visa have to leave within 60 days of the program end date unless they petition for an extension, so prospective data scientists should look for alternate sponsorship routes prior to their programs ending.

3. Try to get an H-1B Visa

The third option is to attempt to get an H-1B Visa (for specialized workers) through the lottery system. There is a cap of 65,000 visas per year, with 20,000 more reserved for graduates from US master’s programs. The employer must petition for your visa, and you must have an offer in place for this visa type. This visa type offers three years with increments of three years at a time up to six years.

4. Apply for an O-1 Visa

The O-1 visa is for individuals who have displayed “extraordinary ability or achievement.” This visa type allows for individuals to stay for three years initially, with an option of extending a year at a time. This could be a potential pathway, especially for those with a doctorate.

5. Apply for an Exchange Program (J-1 Visa)

The J-1 “exchange visitor” visa, intended for individuals wanting to participate in exchange programs, is also a potentially good option for short-term work positions, as it is less expensive for employers to sponsor. J-1 holders can live and work in the US for the duration of their program, but typically not more than seven years.

6. Apply for a Q Visa for Training

The Q “cultural exchange” visa is a lesser known visa type that allows individuals to come to the US for training and to participate in cultural exchanges. The period of stay for this visa is up to 15 months, with a “cooling off” period for a year before you can participate in another cultural exchange.

Takeaways for Tech Workers

Ultimately, it will often take creativity and resourcefulness to successfully navigate the US visa system. Working with immigration counsel at the company you received an offer from, being proactive, and potentially hiring an attorney yourself can all help to ease the process.

You can request sponsorship for a permanent or immigrant visa if you wish to work in the US indefinitely. Approximately 140,000 employment-based (EB) visas are available annually. Receiving one of these green cards also puts you on the path to US citizenship.

You must have certain educational qualifications, skills, or work experience to qualify for one of the five EB visas. Three of these are likely to be a good fit if you have been offered a data science job. These are:

• EB-1: For individuals with extraordinary abilities in certain fields, including the sciences. It also includes highly skilled researchers, managers, and executives in multinational companies.
• EB-2: For professionals with advanced degrees or individuals with exceptional ability in several areas including the sciences. A key difference between an EB-1 and an EB-2 visa is that the latter requires Department of Labor certification.
• EB-3: For professionals, skilled workers, and unskilled workers. Those applying as professionals will need at least a bachelor’s degree.

The EB-4 visa is reserved for individuals classified as “special immigrants,” and the EB-5 is for investors.

Getting a work visa is a long and expensive process involving a lot of paperwork for you and your sponsor. Moving to the US, even temporarily, can also be a significant change in your life. Therefore, having a visa strategy in line with your long-term goals is a good idea.

Start as a Student

Many people start as international students at US institutions of higher learning before getting work visas. Graduating from a US college or university allows you to qualify for certain visas or bypass some restrictions. Being a student in the US also allows you to interact with potential employers and show them why they should sponsor your work visa for a data science job.

Work With an Immigration Lawyer

As stated earlier, US immigration law is complicated, and navigating it on your own is not easy. Hiring a competent immigration lawyer will improve your odds of securing a visa. At the very least, it should prevent mistakes like leaving out key documents or missing deadlines.

Many sponsors also pay for lawyers or already have one working for them, but you should consider hiring a personal lawyer to help you with your long-term visa goals.

Consider Your Children and Spouse

If you get a visa, your spouse and children can apply for other visas tied to yours. Depending on the type of visa you get, your spouse may also be allowed to work in the US. For example, if you get an H-1B visa, your spouse may be allowed to work for as long as your visa is valid.

Some visas only allow spouses to study in the US; however, this could also put them on the path to a work visa sponsorship or green card in the future.

Find the Right Employer

Sponsoring a worker for a US visa is expensive and demands a lot of effort from the sponsor. It’s important to find employers who are approved to sponsor work visas, willing to sponsor you, and motivated to follow the process through to the end.

Identify Your Strategic Advantages

Identify any advantages that can increase your chances of securing a visa or result in better terms. For example, If you’re an Australian data scientist, you might be better served by an E-3 visa since there is no maximum number of extensions. If you’re applying for an H-1B visa, having an advanced degree from a US college exempts you from the 65,000 numerical cap.

Know When to Choose or Change to a Permanent Visa

Getting a permanent work visa or green card may be more challenging than a temporary visa. However, it comes with many advantages, including not having to renew your visa after a few years and putting you on the pathway to citizenship. If an employer is willing to sponsor you for an EB visa, it may be a better option than an H-1B in the long run.

Getting a visa is a key hurdle if you wish to take a data science job in the US. Navigating the immigration system is challenging, and working with an immigration lawyer can make a big difference. You’ll also have to be proactive in finding the right employers to sponsor you and identify any opportunities that will make it easier for you to live and work in the country.

Data science is a field that opens geographical boundaries. As part of this series, we interviewed data professionals who reported back their experiences working abroad and getting visa sponsorship.

We interviewed Sam, a data scientist and European national who worked at a small company in Silicon Valley. Note that the perspectives in this article don’t apply to all data professionals, and identities have been changed for confidentiality reasons.

What was your approach to finding sponsorship in the US?

It’s really tough to get the right to work in the US. You may know about the H-1B system (a pathway for highly educated workers in “specialty occupations”). It’s incredibly hard because there’s something like 3 to 4 times more applications for spots than there are actual visas. It’s a lottery system where you may or may not get in, which is incredibly stressful. I’ve been through the process a number of times and was able to get through once.

When I was working in Silicon Valley a number of years ago, a lot of people in tech, especially at smaller companies and start-ups, were on more unusual visas, like the J-1 or the Q-1 (cultural exchange visas).

That sounds like a complicated process.

Absolutely. One of my friends was on the Q-1 visa as a software engineer and had to write up these reports about what he was learning about American culture to maintain his immigration status. It’s also tough because when you are working one of these jobs under these designations, it feels very unstable. Like, if you get laid off, you have to get out of the country in something like 8-10 days. There was a massive layoff at one of the companies I worked for, and it was hugely stressful for all the non-US workers there.

The J-1, the H-1B, and the Q-1 visas that we are talking about are more temporary immigration statuses. What does it take to get a more stable situation?

People who have the right determination, resources, skills, etc. try to get the O-1 visa in my experience. This is a status for “exceptionally talented workers.”

What is your advice to readers who are hoping to work in the US?

Your experience will depend heavily on the company. Lawyers are an underutilized resource if you can possibly employ one. And I mean not just the company lawyers, but also using a personal lawyer. Often lawyers offer a free consultation, and that can be a really useful resource for people. There are technicalities in the system and it’s important to be aware of them.

I would also say determination and persistence are huge. In getting over potential disappointment in the visa lottery, in making sure the employer gets your immigration paperwork through in time for the H1B lottery.

Another interesting tidbit is the Diversity Visa lottery. The US essentially “scatters green cards” in countries that don’t have a lot of immigration to the US. So that could be an interesting program to apply to if you are from one of those countries and in the right situation.

Finally, know your worth when you are starting at one of these companies. It’s easy to feel like you “owe something” to a company because they are sponsoring you. In terms of compensation, it’s also good to research what fair compensation in Silicon Valley versus other cities that may have different rates. I definitely struggled with that at first.

What did you learn from working abroad in the US?

Americans are so enthusiastic! It was great when someone would say something I built was awesome, and they couldn’t wait to see it in production. Silicon Valley also felt a little like a place where people didn’t want to grow up. A “no parents, no rules” kind of vibe. It was definitely fun living there for a while and seeing the cultural contrast.

See below for more information about immigration and different visa types for tech workers:

1. H-1B:

• H-1B Visa Program: Fact Sheet (American Immigration Council)
• H-1B for Specialty Occupations: Overview (US Citizenship & Immigration Services)

2. J-1 (Exchange Visa):

• Exchange Visitor Visa: Overview (US Department of State)
• J-1 Visitor Visa: Programs (US Department of State)

3. O-1 Visa

• O-1 Visa Program Overview (US Citizenship & Immigration Services)
• O-1 Visa: Fact Sheet & Requirements (Harvard International Office)

4. Q Visa

• Q Cultural Exchange Visa: Overview (US Citizenship & Immigration Services)

5. Diversity Visa Lottery

• About Diversity Visa Lottery (US Department of State)
• Diversity Immigrant Visa Program (US Citizenship & Immigration Services)