Chasing the American Dream? It all starts with the right work visa. Whether you’re aiming to launch the next big thing in Silicon Valley, showcase your artistic talents, or land a gig at a Fortune 500 company, the USA has a visa with your name on it.
Every year, 140,000 people grab their golden ticket to opportunity through employment-based visas. But here’s the twist—every visa has its own set of rules, quirks, and hurdles.
But here’s the twist—each visa comes with its own set of rules, quirks, and hurdles. Let’s break it down and find the perfect match for your American journey.
What are the types of US Work visas?
There are various types of work visas available based on employment majorly classified into the following as per the USCIS website:
- Temporary Workers
- Permanent Workers
- Entrepreneur Employment Pathways
- Students and Exchange Visitors
- Temporary Visitors for Business
Temporary (Non-immigrant) Workers:
Temporary non-immigrant workers are those who enter the United States for employment only for a specified period. For this the employer applies to the USCIS, however the employee is still required to apply for the visa. There are many types of visas under this category, which are discussed below:
- E-1 visa: The E-1 treaty traders visa allows individuals from treaty countries (with which the United States of America has a treaty of Commerce and navigation) to enter the United States for trade between the treaty country and the US. It can be granted for up to 2 years initially, and if required, it can be extended.
- E-2 visa: The E-2 CNMI Investor visa is designed specifically for foreign investors in the Commonwealth of the Northern Mariana Islands (CNMI). To be eligible, the investor must meet certain requirements, such as being subject to CNMI immigration law, maintaining long-term investor residence status, and being eligible to enter the U.S. under the Immigration and Nationality Act. This visa is valid for up to two years and can be renewed.
- E-2 Treaty Investors visa: E-2 Treaty Investors are similar to E-1 Treaty Traders as they are also with the nationals whose countries have investment treaties with the US, allowing them to enter to invest in a business. The most important eligibility for this visa category is that the applicant is supposed to make a substantial investment in the US business directly or indirectly being operated. It is typically available for 2 years and renewable with 2-year increments.
- E-3 visa: This type of visa is especially available for Australian Nationals who have a job offer in a position that requires specialized knowledge along with a certain educational degree, such as a bachelor’s degree or an equivalent. It is issued for two years with extensions available.
- H-1B visa: This is a type of visa that applies to non-immigrant workers who want to perform in any kind of specialty occupation, provide services of exceptional merit and ability relating to a Department of Defense (DOD) cooperative research and development project, or serve as a fashion model of distinguished merit or ability. The visa is initially for 3 years and is extendable up to 6 years, with further extensions possible in certain cases.
- H-2A visa: This visa is available to foreigners interested in performing temporary or seasonal agriculture work in the United States. The petitioner (employer) must satisfy USCIS that there are not enough US workers who can do the job and that the wages mustn’t be affected negatively. Employment is limited to the period of need, up to 1 year, but can be extended to 3 years.
- H-2B visa: The H-2B Non-Agricultural Workers visa is similar to the H-2A agriculture workers visa, with the difference being the work, which may involve work related to construction, hospitality, etc. Again, here, the employer has to satisfy USCIS that there are not enough workers available in the United States and that this should not negatively affect the United States wages. The duration is up to 1 year, with possible extensions for 3 years.
- H-3 visa: The H-3 non-immigrant visa category allows noncitizens to come temporarily to the United States as either a (i)Trainee or (ii)Special Education Exchange Visitor. For this type of visa, the USCIS has to be satisfied that the kind of training is not available in the home country of the applicant and that it should not further create employment in the United States but rather outside of it. It is available for up to 2 years for a training program.
- I visa: This is for journalists and media professionals representing foreign outlets who want to work in the US on their organization’s behalf. The duration is generally limited to the specific time limit required to do the job.
- L-1A visa: This type of visa is generally for the managers and the executives of multinational corporations, who either already have an office in the United States of America or want to establish one, the validity is up to 7 years.
- L-1B visa: Under this category of visa, the US employer can transfer the employees who have specialised knowledge about the company’s product or processes to the US from one of its affiliated foreign offices. This is available for up to 5 years.
- O-1 visa: This type of visa is available for individuals with extraordinary abilities in the sciences, arts, education, business, and athletics or who have demonstrated extraordinary achievements in the motion picture or television industry and have acclaimed international recognition. It is initially available for 3 years and can be extended up to 1 year.
- P-1A visa and P-1B visa: P-1A visa is for internationally recognized athletes to play individually or as a part of a team for the US, and the P-1B visa is for internationally recognized entertainment groups. One of the most important requirements for both of these visas is that they must be internationally recognized in their field of profession, and the US event must require their participation. P-1A is available for up to 5 years for individuals, up to 1 year for teams or groups, and P-1B for up to 1 year, with possible extensions
- P-2 visa P-3 visa: These are for artists or entertainers coming to perform in the US as part of an exchange program between a US organization and an overseas organization or for participation in a culturally unique program. The duration is generally up to 1 year.
- Q visa: This visa is for cultural exchange visitors who want to share the culture, history, and traditions of their home country in the US under an exchange program approved by the Secretary of Homeland Security and have received employment from a sponsoring organization. It is valid for up to 15 months, with an additional 30-day grace period for departure.
- TN visa: The North American Free Trade Agreement (NAFTA) created special economic and trade relationships for the United States, Canada, and Mexico. This visa allows citizens of Canada and Mexico to work in the US in certain professional occupations. It is granted for 3 years and can be renewed.
Permanent workers
Permanent workers in the U.S. are individuals who receive employment-based immigrant visas, allowing them to live and work permanently in the country. These visas fall under five preference categories for immigrant investors: EB-1, EB-2, EB-3, EB-4, and EB-5. Each category has specific eligibility criteria and requirements, and applicants need an employer sponsor or to meet qualifications, depending on the visa type.
These visas lead to permanent residency (green card). There are five key types of employment-based visas are discussed below:
| Preference | Description | Requirements | Categories |
| EB-1: First Preference | Priority Workers | Extraordinary ability, outstanding professors or researchers, or multinational executives and managers. | 1. EB-1A visa is for individuals with extraordinary Ability. 2. EB-1B visa is for individuals who have are an outstanding Professors/Researchers 3. EB-1C visa is issued to Multinational Executives/Managers. |
| EB-2: Second Preference | Professionals with Advanced Degrees or Exceptional Ability | Requires a job offer and a labor certification (with some exceptions like National Interest Waiver (NIW)). | 1. EB-2A visa is for foreign nationals with an advanced degree. 2. EB-2B visa is for those with exceptional ability. 3. EB-2C visa is issued for individuals whose skills to be in national interest National Interest Waiver (NIW). |
| EB-3: Third Preference | Skilled Workers, Professionals, and Other Workers | Must have at least 2 years of training or experience, a bachelor’s degree, or perform unskilled labor that is not temporary or seasonal. | 1. Skilled Workers Professionals 2. Other Workers (unskilled labor) |
| EB-4: Fourth Preference | Special Immigrants | For religious workers, broadcasters, certain international organization employees, US government employees abroad, and other special immigrant categories. | 1. Religious Workers 2. Special Immigrant Juveniles 3. Broadcasters 4. International Organization Employees |
| EB-5: Fifth Preference | Immigrant Investors | Must invest $1.05 million (or $800,000 in targeted areas) in a new commercial enterprise that creates or preserves at least 10 full-time US jobs. | 1. Direct Investors 2. Regional Center Investors |
Entrepreneur Employment
The Entrepreneur Employment Pathways in the United States offers both non-immigrant and immigrant options for foreign entrepreneurs seeking to start or invest in US businesses.
- Non-immigrant pathways, which involve temporary stays in the United States, include the International Entrepreneur Rule (IER), which grants up to 30 months of time for entrepreneurs with a substantial role in a US start-up showing high growth potential.
- L-1A visa is for permanent residence, Immigrant (permanent) pathways include the: EB-1A visa, EB-2 visa and EB-5 visa.
Students and Exchange Visitors
The Student Exchange Visitor Visa allows foreign students to participate in educational or cultural exchange programs in the US. There are several types of student exchange visitor visas, which are as follows:
- F-1visa: Academic Students Enrollment who are in a full-time academic program
- J-1visa: Exchange Visitors cultural or educational exchange program
- M-1 Visa: Vocational Students(Vocational Program)
Temporary Visitors for Business
The B-1 visa, also known as the Temporary Business Visitor visa, allows individuals to visit the United States for short-term professional activities. These include consulting with business associates, negotiating contracts, attending professional conferences, giving lectures, receiving training, or conducting independent research.
Conclusion
The US offers a range of work visa options, catering to temporary and permanent workers, entrepreneurs, students, and business visitors. The visa types vary based on the nature of the job, skill set, and specific needs of both employers and employees. Temporary non-immigrant visas such as H-1B, L-1, and O-1 are designed for short-term employment, while permanent worker visas like EB-1, EB-2, and EB-5 provide pathways to long-term residency.
If you’re building a career, launching a business, or simply seeking an international adventure, the US offers many visa opportunities to make your dreams a reality.
