The United States is known for having the world’s largest economy, and much of its growth is driven by immigrants. For foreign nationals who wish to work in the U.S., there are several visa options available. This guide explains the most common types of U.S. work visas and the eligibility requirements for each.
Temporary Non-Immigrant Work Visas
Temporary non-immigrant work visas are for individuals who want to work in the U.S. for a set period. Usually, a U.S. employer files a petition with U.S. Citizenship and Immigration Services (USCIS) for the worker, who must then apply for a visa before arriving in the country. In some cases, family members of the visa holder must apply for their visas as well. Here are the most common types of non-immigrant work visas:
H Visas
- H-1B Visas: These are for professionals in specialized fields, such as IT or healthcare, who have at least a bachelor’s degree or equivalent experience. These visas are usually granted for three years.
- Eligibility: A job offer in a role requiring specialized knowledge, proof of a relevant degree, and proof that no qualified U.S. workers are available for the role.
- H-2A and H-2B Visas: These are for temporary workers in agriculture (H-2A) or non-agricultural industries (H-2B). They usually last for less than a year.
- H-3 Visas: For individuals seeking training in specific fields, excluding graduate medical training. This visa is for workers planning to return to their home country after training.
I Visas
- I Visas: For foreign press members like reporters, journalists, and photographers working for international media outlets.
L Visas
- L-1 Visas: For employees transferring from their current company to a U.S. branch.
- L-1A: For executives and managers, typically valid for 3 years.
- L-1B: For employees with specialized knowledge, valid for 1 year.
O Visas
- O Visas: For individuals with extraordinary abilities in areas like science, arts, education, or athletics. These visas can be extended to family members as well.
P Visas
- P Visas: For athletes, artists, and entertainers with exceptional talent, as well as the people who accompany them.
R Visas
- R Visas: For religious workers who belong to a U.S.-based religious organization.
TN NAFTA
- TN Visas: Under the North American Free Trade Agreement, this visa allows Canadian and Mexican citizens to enter the U.S. temporarily for professional business activities.
U.S. Permanent (Immigrant) Work Visas
Certain foreign workers and their families can apply for permanent residency (a green card) in the U.S. This is based on their job skills, education, and experience. There are about 140,000 employment-based green cards available each year. Most of these require a job offer from an employer who has received U.S. Department of Labor certification to prove there are no qualified U.S. workers for the role.
There are five key types of employment-based immigrant visas:
First Preference EB-1
- For individuals with extraordinary ability in areas like business, science, or the arts. No labor certification is required.
Second Preference EB-2
- For professionals with advanced degrees or exceptional ability. Labor certification is typically required unless the job is in the national interest.
Third Preference EB-3
- For workers with a bachelor’s degree, skilled workers, or unskilled laborers who have a permanent job offer. Labor certification is required.
Fourth Preference EB-4
- For special categories like religious workers, certain employees of international organizations, or minors in U.S. courts. Labor certification is not needed.
Fifth Preference EB-5
- For immigrant investors who make a significant financial investment (at least $900,000) in a new U.S. commercial enterprise that creates jobs. Labor certification is waived for this visa.
Student and Exchange Visitor Visas
These visas are for students and participants in exchange programs. They are non-immigrant visas and do not lead directly to permanent residency.
F Visas
- F-1 Visas: For students attending an accredited academic institution. F-1 students may work on-campus and, after their first year, may be eligible for off-campus work such as internships or training (CPT, OPT, or STEM OPT).
M Visas
- M Visas: For students at vocational or non-academic institutions. M-2 visas are for their family members.
J Visas
- J Visas: For individuals participating in exchange programs, including internships and cultural exchange programs. J-2 visas are for the dependents of J-1 visa holders.
Temporary Business Visitor Visas
These visas are for individuals coming to the U.S. for short-term business activities, such as attending meetings or conferences.
B-1 Visas
- B-1 Visas: For those coming to the U.S. for limited business activities. These visas are typically granted for 1 to 6 months, with possible extensions.
GB Visas
- GB Temporary Visitor to Guam: For business or leisure travel to Guam or the Northern Mariana Islands. This visa is valid for up to 45 days.
WB Visas
- WB Visa: Under the Visa Waiver Program, nationals of 39 countries can travel to the U.S. for up to 90 days without needing a visa for business or tourism.
The EB-3 Visa: Permanent Employment-Based Visa
The EB-3 visa is a permanent employment-based immigrant visa designed for skilled workers, professionals, and other workers. This visa allows foreign nationals to obtain permanent residency in the United States based on employment opportunities.
Eligibility Requirements
To qualify for the EB-3 visa, applicants must meet specific criteria based on their category:
- Skilled Workers (EB-3(A)): Must have at least two years of job experience or training and hold a job offer from a U.S. employer who can demonstrate the unavailability of qualified U.S. workers.
- Professionals (EB-3(B)): Requires a U.S. bachelor’s degree or its foreign equivalent, along with a job offer that necessitates such qualifications.
- Other Workers (EB-3(C)): This category is for individuals capable of performing unskilled labor requiring less than two years of training or experience.
The EB-3 visa has less stringent requirements compared to other employment-based visas like the H-1B (for specialty occupations) and L-1 (for intracompany transferees), making it an appealing option for many applicants.
Application Process
The application process for the EB-3 visa involves several steps:
- Labor Certification: The U.S. employer must first obtain a PERM labor certification from the Department of Labor (DOL). This process requires proving that there are no qualified U.S. workers available for the offered position.
- Form I-140 Petition: Once the labor certification is approved, the employer files Form I-140, Immigrant Petition for Alien Workers, with USCIS on behalf of the applicant.
- Visa Application: After USCIS approves the I-140 petition, applicants can apply for their immigrant visa at a U.S. consulate abroad or adjust their status to permanent residency if they are already in the U.S.
Benefits of the EB-3 Visa
The EB-3 visa provides several benefits, including:
- A pathway to permanent residency in the United States.
- The ability to bring immediate family members (spouse and children under 21) to the U.S.
- Access to various employment opportunities without needing to renew temporary work visas.
The EB-2 Visa: Advanced Degree Professionals and Exceptional Ability Workers
The EB-2 visa is another employment-based immigrant visa category aimed at professionals with advanced degrees or individuals with exceptional abilities in their fields.
Eligibility Requirements
To qualify for the EB-2 visa, applicants must meet one of two criteria:
- Advanced Degree Professionals: Must possess a U.S. master’s degree or higher (or its foreign equivalent) and have a job offer requiring such qualifications.
- Exceptional Ability Workers: Individuals must demonstrate exceptional ability in their field through extensive documentation, such as awards, publications, or significant contributions to their industry.
Demonstrating Exceptional Ability
To prove “exceptional ability,” applicants can provide evidence such as:
- Membership in professional associations.
- Recognition by peers or industry experts.
- Published work or media coverage highlighting their contributions.
Benefits of the EB-2 Visa
The EB-2 visa offers advantages similar to those of the EB-3 visa but generally has shorter waiting times due to fewer applicants. It also allows for self-petitioning in certain cases under the National Interest Waiver (NIW), bypassing the need for employer sponsorship.
Understanding U.S Non-Immigrant vs. Immigrant Work Visas
There are key differences between non-immigrant and immigrant work visas:
- Purpose: Non-immigrant visas (like H-1B) are typically temporary and intended for specific jobs, while immigrant visas lead to permanent residency.
- Duration: Non-immigrant visas are usually valid for a limited period and may require renewal; immigrant visas provide long-term residency.
- Job Security: Immigrant visas often allow greater job security since they lead to permanent residency.
Choosing between these options depends on individual circumstances, such as whether one seeks temporary work or intends to settle permanently in the U.S.
Transitioning from a Work Visa to a Green Card
Transitioning from a temporary work visa (e.g., H-1B) to a Green Card involves several steps:
- Obtain employer sponsorship through labor certification if required.
- File Form I-140 after receiving labor certification approval.
- Apply for adjustment of status using Form I-485 if already in the U.S., or go through consular processing if applying from abroad.
Common Challenges in Obtaining a U.S. Work Visas
Several challenges can arise during the application process:
- Denials Due to Insufficient Documentation: Ensure all required documents are submitted accurately and completely.
- Failure to Meet Qualifications: Applicants should thoroughly review eligibility requirements before applying.
- Delays and Denials: If your application is denied or delayed, consider seeking legal advice or reapplying with improved documentation.
Tips for Finding Employers Willing to Sponsor Work Visas
Finding an employer willing to sponsor your work visa can be challenging but achievable:
- Research Companies: Look for organizations known for sponsoring work visas; many have established processes for hiring foreign workers.
- Highlight Skills and Experience: Make sure your resume emphasizes skills that are in demand in your industry.
- Networking: Leverage professional networks and job fairs focused on international candidates seeking sponsorship.
By understanding these various categories of visas, foreign workers can determine the best path to work in the U.S. while meeting the eligibility criteria. Whether you’re coming for a short-term job or seeking permanent residence, this guide provides the essentials you need to know about U.S. work visas.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the United States straightforward and successful. Whether you’re applying for a TN Visa or an L-1 Visa, we handle every step—from preparing your application to gathering the required documents.
Our Immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process and coordinate with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need to visit the United States. You can call us today at +234 812 5505 986 to learn how we can help you.
