Employment-Based Visa | USA Work Visas

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The United States offer temporary work visas for foreign nationals.

If you want to work in the United States you will have to apply for a visa that suits your plan and the requirements you meet.

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In most cases you will need an employer sponsoring you.

However, there are some visas available for individuals with extraordinary abilities and trajectory that do not need a sponsorship.

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If you are a skilled worker, employed by a multinational company, or have extraordinary abilities in your field of work, then you might be eligible to apply for an EB-1, EB-2 and EB-3 visa, as well as an L-1 visa.

What is a U.S. work visa?

A work visa, also known as an employment-based visa, is a document that allows non U.S. citizens to come to the United States and work on a temporary or permanent basis. There are multiple types of employment visas available, the right one for you will depend on the activity you’ll be performing, your qualifications, length of stay, and whether you have a job offer from a U.S. employer.

If you get a temporary work visa you will most likely be working for a specific employer that filed a petition on your behalf. Once the temporary visa expires you will be expected to exit the country, unless you obtain a status adjustment to a different visa. This is why temporary work visas are part of the nonimmigrant visa category. The most common temporary work visas include the E, H, L, P, and O categories.

On the other hand, there are visas available for those seeking to live in the United States permanently based on their job skills. There are five permanent visa options: EB-1, EB-2, EB-3, EB-4, and EB-5.

Available U.S. Temporary Work Visas

Temporary work visas allow you to perform a professional activity in the United States for a specific period of time and generally for a specific employer that filed a petition on your behalf.

These are the type of temporary work visas available:

H-1B visas

For workers of specialty occupations, DOD Cooperative Research and Development Project Workers, and Fashion Models

I visas

For eligible members of the foreign media

L visas

For intracompany transferees (workers of a U.S. company overseas getting transferred to the same company in their U.S. offices)

O visas

For people with extraordinary abilities or special talent

P visas

For internationally recognized athletes, artists or performers

R visas

For workers or members of a religious organization

TN NAFTA

For professionals coming from Mexico and Canada (members of the North American Free Trade Agreement)

Note:

EB-2 and EB-3 visas require a labor certification. This means that you need an employer to sponsor you and prove to the U.S. Department of Labor that there are insufficient qualified U.S. workers to fill that position. Additionally, they will have to prove that hiring a foreign worker will not have a negative impact on their U.S. employees’ work conditions.

Available U.S. Permanent Work Visas

There are five employment-based permanent work visas in the United States, each one designed to fit different professional backgrounds.

These are the type of permanent work visas available:

First Preference EB-1: for people with extraordinary ability in the sciences, arts, education, business, or athletics. This category includes acclaimed researches and professors and multinational executives.
Second Preference EB-2: for people with advanced degrees or with exceptional ability in the arts, sciences, or business.
Third Preference EB-3: f for professionals, skilled workers and certain unskilled workers who can perform an activity for which there are no U.S. qualified workers available.
Fourth Preference EB-4: for special immigrants including religious workers and foreign employees of U.S. posts abroad.
Fifth Preference EB-5: for foreign investors through direct investment or regional centers.

Applying for a Work Visa Overseas vs. in the U.S.

You can apply for a work visa from outside the United States through the U.S. Department of State (DOS). Depending on the visa you’re applyfing for, USCIS may need to approve your petition before you can take any further steps. Once USCIS issues the approval, your petition gets sent to the National Visa Center (NVC) where it gets a case number and will be processed when the qualifying date is met.

If your visa is granted while you are still abroad you will present yourself at the port of entry with your documentation and the U.S. Customs and Border Protection (CBP) officer will be the one to grant you permission to enter the country and engage in the activity your visa is for.

You may also apply for a work visa if you are already in the United States with a lawful nonimmigrant status. Depending on the visa you are applying for you may request a change of status to a nonimmigrant classification or to one that provides lawful permanent residence.

Whether you are in the U.S. or overseas, most U.S. work visas require an employer to sponsor you. However, some classifications allow you to self-petition. That is if you have an extraordinary ability or are applying for an investor visa.

U.S. Work Visa Through The Years

Number of Employment-Based Preference Visas Issued at Foreign Service Posts Fiscal Years 2018-2022

Number of Temporary Work Visas Issued (By Nonimmigrant Class)Fiscal Years 2019-2021

U.S. Work Visas Frequently Asked Questions

Is a work visa the same as a work permit?

No. A work visa allows you to live and work in the United States for as long as it has been granted for. However, once in the U.S. under a temporary nonimmigrant visa, you will need to get an Employment Authorization Document (EAD) which is commonly known as a work permit to seek employment. If on the othe hand you already have a Green Card (permanent residence) you will not need to apply for a work permit.

How long can I stay in the U.S. with a work visa?

You will be allowed to stay in the United States for as long as your work visa is valid for. Keep in mind that if you have been sponsored by an employer, the validity of your work visa will be linked to that employment.

Do I need to attend a work visa interview for approval?

Yes. You will be required to attend a work visa interview to get approval. If you are applying from overseas that interview will take place in your nearest U.S. Consulate. You must notify the consulate if for any reason you will not be able to attend the interview, otherwise your case may be dismissed.

What questions will I be asked during a U.S. work visa interview?

The goal of the work visa interview is to verify that all information provided is real and that you are legitimate candidate. You must be prepared to answer all questions regarding your job offer, relevant documentation, and activity you plan to perform in the U.S.

How do I know which U.S. work visa is right for me?

The right visa for your case depends on the activity you’re planning to perform in the United States, your qualifications, and whether you are being sponsored or self-petitioning. We highly recommend you to talk to an experienced immigration law professional to understand your options.

EMPLOYMENT-BASED VISA: