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.
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.
By understanding these various visa categories, 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.
