Many people around the world want to work in the United States. Foreigners who want to come to the US to work must secure an appropriate work visa. There are various types of work visas that are available to allow foreigners to work in the US. There are both immigrant and non-immigrant types of employment-based visas available. Work visas all have individual entry requirements, application procedures, and associated costs and can take various amounts of time to secure. Because there are numerous types and categories of work visas, individuals should carefully consider their options. It is best to consult an immigration lawyer to determine which US work visa is the most appropriate.
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Types of Visas in the US
The most common types of visas can be grouped in the following categories:
Temporary Non-Immigrant Visa
Permanent (Immigrant) Workers
Student and Exchange Visitors
Temporary Visit for Business
Non-immigrant, temporary work visas are common and generally require a US company to file a petition on behalf of the foreign worker with U.S. Citizenship and Immigration Services (USCIS). In most cases, an individual needs to have an employment offer to petition for a work visa — getting a work visa without having a job already lined up is more difficult. It is often easier for individuals to secure these temporary visas through the assistance of the US company that acts as the sponsor. Although these are temporary visas, many people are able to use such temporary employment visas as a path towards permanent residency.
Immigrant work visas that allow an individual the possibility to secure permanent residency are also available. A foreigner must have specific skills, education, and work experience to secure these types of work visas. The application process for such visas are often more complicated and more difficult to secure.
The amount of time it can take to get a work visa can depend on various factors. Timing and associated requirements can differ based on occupation, nationality, and other factors. As such it may be wise to speak with a U.S. immigration lawyer prior to submitting any petition. An immigration lawyer can help determine which type of visa is applicable for an individual and can help navigate the complexities of the visa application process. Shoreline Immigration has the resources and dedicated staff available to answer all your questions regarding work visas in the US.
Temporary (Non-Immigrant) Visas
Temporary (Non-Immigrant) Visas are for foreigners planning to work in the US for a fixed amount of time. This category contains a range of visas, which differ primarily on career field and credentials.
- H1: For individuals with at least a college education, or comparable experience in a specialty field. Must have an employment offer from a US company indicating that the job position could not be filled with a US worker.
- H2A: Seasonal workers in the agricultural sector
- H2B: Seasonal workers in non-agricultural sectors
- H3: Workers seeking career training in the US before seeking employment outside of the US. Graduate medical school is an exception.
- I: Foreign press and media employees; this visa can last indefinitely.
- L-1A: For workers transferring at a management level within a company where they already work
- L-1B: For workers transferring with specialty experience within a company where they already work
- E1: For workers seeking to conduct trade activities in the US. Availability varies based on country of origin.
- E2: For workers who have invested a substantial amount into a US enterprise and wish to develop it.
- E3: This visa is available only to Australians who work in professional or specialty occupations.
- O: For individuals with extraordinary abilities and those accompanying them.
- P: Highly skilled performance, athletic, and artistic workers and those accompanying them.
- R: Workers for a religious organization that has non-profit status in the US
- TN NAFTA: For Canadian and Mexican citizens seeking temporary entry into the US to engage in professional activities.
Permanent Immigrant Visas
Permanent Immigrant Visas are less common as only 140,000 such visas are made available each year by the US government. Many of these require an existing offer of employment and sponsorship from a US company. Most professionals seeking permanent visas will need to have solid professional qualifications.
- EB1: For those of “extraordinary ability” in academics, art, athletics, or business.
- EB2: For those with an advanced degree or 10 years’ experience; or whose employment benefits the national interests of the US
- EB3: Unskilled workers who have received a non-temporary employment offer
- EB4: For those with religious or international work backgrounds, employees of US foreign service posts, or noncitizen wards of US court
- EB5: For immigrant investors. To qualify, the applicant must meet a certain threshold of invested funds and employ at least 10 employees. (For those looking to conduct temporary entrepreneurial ventures in the US, look for IEB under the Temporary Visit for Business Visas section).
Student and Exchange Visas
Student and Exchange Visas are non-permanent and cover a wide range of students and exchange program members.
- F1: For students at accredited academic institutions, allowing them to accept on-campus employment in their first year. After their first year, students may work off-campus in certain types of employment.
- M1: Vocational students
- M-2: Available to the vocational student’s family
- M-3: Available for vocational students who commute from Mexico or Canada.
- J: For cultural, study, or other exchange programs that include an employment element. Interns, camp counselors, and trainees
- J2: For dependents of a J visa holder
Temporary Visit for Business Visas
Temporary Visit for Business Visas last for very short terms and are designed to cover a wide array of temporary professional activities, ranging from visiting the US to negotiating a contract, to attending a convention, or even settling an estate.
- B1: Such visas are for short-term business, usually lasting from one to six months. Though extensions are possible, these visas rarely last more than a year. Family members of the visa holder must obtain their own B-1 visa.
- GB: For visitors to the Us Territories of Guam and the Northern Mariana Islands. These visas cannot be longer than 45 days.
- The WB Temporary Business Visitor Under Visa Waiver Program: Citizens of 39 nations, listed here, may travel for business or tourism without a visa, as long as their travels do not exceed 90 days.
- IER (International Entrepreneur Rule): Foreign entrepreneurs who can prove that conducting their business venture in the US would provide significant public benefit. Up to three entrepreneurs under one start-up can qualify for this visa. Under this visa, they may work only for the start-up. Eligibility of children and spouses varies.
Visa applications can be long and confusing, so it’s always best to consult an immigration lawyer about what visa is right for you. At Shoreline Immigration we help our clients every step of the way so that they have the best possible chances of being approved. With dedicated attorneys and immigration experts, the team at Shoreline Immigration is here to help.
Frequently Asked Questions about Work Visas
How long does it take to get a work visa in the US?
The exact length of time it takes to get a work visa can vary significantly. These variations can be dependent on the types of cases as well as their categories and individual requirements. An immigration lawyer can provide a more thorough understanding and should be consulted to determine the approximate length of time the application process will take. In addition, the wait times for specific non-immigrant visas can be found on the US State Department’s website.
Can you get a general work visa to work anywhere you want?
There is no general work visa allowing a foreigner to do casual work. All applicants must have secured an approved petition ahead of their visa appointment.
Do spouses and children of a work visa beneficiary qualify or otherwise benefit from the visa?
Although work visas apply primarily to the foreign worker beneficiary, spouses and children generally can benefit. Although rules and requirements vary for each visa, in general spouses and children are often allowed to join/come to the US with the beneficiary. Usually, spouses/children can study while in the US with the beneficiary but generally they are not allowed to work.
