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Working Visas

Working in the United States

Temporary Employment Visas

These employment visas are for people looking to work in the United States for a fixed period of time. Most often, a potential employer files a petition for this type of work with U.S. Citizenship and Immigration Services (USCIS) and prior to coming to the U.S., the employee would still need to apply for a visa. Temporary employment visas allow employers to hire foreign nationals to work in a specific job for a limited time period.  Depending on the type of visa being sought and the nationality of the prospective employee, the employer may be required to file a petition for a nonimmigrant worker with U.S. Citizenship and Immigration Services (U.S.C.I.S.).  If the petition is approved, a State Department consular officer will then determine the foreign worker’s eligibility for a nonimmigrant visa. 

Once the visa has been issued, the worker may travel to the United States to begin employment with the petitioning employer.  A Customs and Border Protection (C.B.P.) officer will inspect the worker upon the worker’s arrival in the U.S. to confirm eligibility for admission and to determine the specific length of stay.  The worker must depart from the United States upon expiration of this period of stay unless the period of stay is extended by U.S.C.I.S.    

Permanent Employment Visas

A permanent employment visa (also known as a “green card”) allows a foreign national to permanently work and live in the United States.  Permanent residents are subject to fewer restrictions than nonimmigrant, temporary workers and generally may apply for U.S. citizenship after five years.  In order to obtain a permanent employment visa, the individual’s employer typically must file a petition with U.S.C.I.S.  If the individual is already in the U.S. on a temporary visa, he or she may apply for “adjustment of status” to permanent residence once U.S.C.I.S. approves the employer’s petition.  If the individual is outside the U.S., then a U.S. consular official will process the immigrant visa. 

Because of numerical and per-country limits, some individuals must wait a significant period of time to apply for adjustment of status or an immigrant visa even after U.S.C.I.S. approves the employer’s petition.  The Department of State issues a monthly visa bulletin detailing the availability of visas for each preference category on a per-country basis.  Some visa categories are “current,” meaning that visas in that category are immediately available to individuals when their employer’s petition is approved by U.S.C.I.S.   Other categories are considerably backlogged, requiring the applicant to wait years for a visa to become available. 

Temporary Non-Immigrant Visa

H VISAS

H-1B visas are for people in a specified professional or academic field or with special expertise who have a college degree or higher or the equivalent in work experience. H-2A and H-2B visas are for seasonal, or peak load, temporary workers in an agriculture (H-2A) or non-agricultural (H-2B) setting. H-3 are for those seeking training in any endeavor except graduate medical school or training; or training to meet the needs of those who require special education. This classification is for citizens who want training within the United States, but will be pursuing their careers outside of the U.S.

I VISAS

I visas are for any eligible member of the foreign press including reporters, film crews, editors, and similar occupations, representing a foreign media outlet such as print, radio, film, or other foreign information media, when the outlet has a home office in a foreign country.

types of employment visas that allow foreigners to work in the United States

L VISAS

L Visas are for those who are temporarily transferring within a company at which they already work, either at the executive/management level (L-1A) or through a specialized expertise (L-1B). An L-1A visa comes with a three-year duration; L-1B has only one year.

O VISAS

O visas are for those with extraordinary and exceptional abilities or achievements, across industries. O visas are also extended to those who travel with the person of extraordinary ability or a family member.

P VISAS

These visas are for those who excel in performance, athletic, or artistic endeavors and the people who accompany these extraordinary performers. These are usually event-based durations.

Permanent (Immigrant) Workers

Those with the right job skills — and their spouses and children — can apply for the roughly 140,000 employment-based green cards available each year. Most of these visas call for an existing offer of employment from an employer who has the proper U.S. Department of Labor certification, verifying that there are both insufficient workers with this skillset within the US, and the hiring does not take a job away from a U.S. citizen.

FIRST PREFERENCE EB-1

EB-1 covers those with “extraordinary ability” such as business professionals, academics and researchers, scientists, the arts, or athletics. This type of visa does not require labor certification. Family of EB-1 visa holders may apply for admission to the U.S. on E-14 or E-15 immigrant status, respectively, if that person has an approved I-140 (green card) form.

SECOND PREFERENCE EB-2

EB-2 visas are available to professionals holding an advanced degree or foreign equivalent; or who can prove at least ten years experience in a field; or those whose employment is in the national interest of the U.S. For all but the third category of eligibility, labor certification must be obtained. Family of EB-2 visa holders may apply for admission to the U.S. through E21 or E22 forms, if that person has an approved I-140 (green card) form.

THIRD PREFERENCE EB-3

EB-3 visas are available to those holding a bachelor’s degree, or foreign equivalent, as well as skilled and unskilled laborers who have a non-temporary offer of employment from a U.S. employer. For each eligibility category within EB-3, labor certification must be obtained. Family of EB-3 visa holders may apply for admission to the U.S. through specific spouse or child forms listed here, if that person has an approved I-140 (green card) form.

FOURTH PREFERENCE EB-4

EB-4 visas are a specialized category of visa, eligibility to which includes but isn’t limited to: certain religious workers, employees of U.S. foreign service posts, retired employees of international organizations, and noncitizen minors who are wards of courts in the United States. Labor certification is waived for this type of visa. Some families may be eligible for admission.

FIFTH PREFERENCE EB-5

EB-5 visas cover the Immigrant Investor Program. These are available to people who make either an investment of 1.8 million USD in a new commercial enterprise that employs at least 10 full-time U.S. workers, or 900,000 USD in a new commercial venture in a targeted employment area that employs at least 10 full-time U.S. workers. Labor certification is waived for this type of visa. Under this program investors and their family are eligible to apply for green cards.

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