The U.S. immigration system offers a wide range of employment-based visa options for employers hiring foreign workers and individuals seeking to work or build a career in the United States. These options fall into two main categories: non-immigrant visas for temporary employment and immigrant visas, also known as green cards, for those pursuing permanent residence.
Each visa type has specific eligibility criteria, application processes, and benefits. Navigating this system is rarely easy without help, especially with frequent regulatory updates and shifting political winds. Navigating the complexities of the system and understanding the distinctions between these visa categories is essential. Let our immigration attorneys help ensure you choose the best path.
Non-Immigrant Employment-Based Visas
Non-immigrant work visas allow foreign nationals to live and work in the United States temporarily. These visas are typically tied to a specific job, employer, or type of work activity. Some of the most popular non-immigrant categories include the following:
H-1B Specialty Occupations
The H-1B visa is available to professionals in specialty occupations that require at least a bachelor’s degree or its equivalent. Common fields include IT, engineering, finance, and healthcare. The visa is employer-sponsored and most initial H-1Bs are subject to an annual cap, with a lottery system used when there are more applicants than slots.
L-1A / L-1B Intracompany Transfers
L-1 visas enable multinational companies to transfer employees from a foreign office to a U.S. parent, subsidiary, affiliate, or branch. L-1A is for executives and managers, while L-1B is for employees with specialized knowledge.
TN-1 / TN-2 Visas under USMCA
Under the United States-Mexico-Canada Agreement (USMCA), Canadian and Mexican citizens may qualify for TN status to work in certain professional occupations. The process is streamlined and requires proof of qualifications and a job offer in a listed profession.
E-3 Australian Specialty Occupations
Similar to the H-1B, the E-3 visa is available only to Australian citizens working in specialty occupations. It is renewable indefinitely and allows the spouse of a visa holder to also pursue a work permit.
H-1B1 Singapore / Chile Free Trade Visas
These treaty-based visas are set aside specifically for professionals from Singapore and Chile. They follow similar guidelines to the H-1B but are not subject to the same annual cap and generally have quicker processing times.
E-2 Investor Visas
The E-2 visa is for nationals of countries with which the U.S. maintains a treaty of commerce. It requires a substantial investment in a U.S. business and active management of that investment. In addition to the investor, the E-2 allows for the transfer of certain employees including executives, managers, and essential workers as long as they hold the same nationality as the treaty enterprise. While the E-2 does not lead to permanent residency, it can be renewed indefinitely.
O-1A / O-1B Extraordinary Ability
O-1 visas are for individuals with extraordinary ability in their field, which includes sciences, arts, business, athletics, or the motion picture industry. These petitions must demonstrate a sustained record of acclaim and achievements.
F-1 Student Optional Practical Training (OPT)
Some student visa holders may apply for one year of OPT to work in their field of study after graduation. Those in STEM fields may be eligible for a 24-month extension. OPT is limited in duration and must be authorized by U.S. Citizenship and Immigration Services; it is not designed as a long-term employment option.
J-1 Exchange Visitors
The J-1 program provides for educational and cultural exchange. Participants may include interns, scholars, and trainees. Some categories may trigger a two-year home residency requirement before the individual can apply for another U.S. visa.
B-1 Business Visitor
B-1 visas allow foreign nationals to enter the U.S. temporarily for business-related purposes such as attending meetings, negotiating contracts, or participating in training. These visas do not permit employment or hands-on work. This program is generally used for short visits involving a single transaction or deal.
H-2B Temporary Non-Agricultural Workers
H-2B visas are used to fill temporary non-agricultural positions in industries such as hospitality, landscaping, or construction. Employers must demonstrate a seasonal or one-time need and meet recruitment and wage standards.
R-1 Religious Worker Visas
The R-1 visa is for religious workers employed by a nonprofit organization in the U.S. Applicants must have been a member of the same religious denomination for at least two years before applying.
Immigrant Visas and Employment-Based Green Cards
Immigrant employment-based visas—commonly referred to as green cards—allow foreign nationals to live and work in the United States indefinitely. They also offer many people a path to citizenship after a set period of time. These visas fall into several preference categories based on the applicant’s skills, qualifications, and the nature of the job offer. Unlike non-immigrant visas, the immigrant visa options below provide a direct path to permanent residence and, eventually, U.S. citizenship.
Labor Certification (PERM)
Many employment-based green cards require a labor certification through the U.S. Department of Labor’s Program Electronic Review Management (PERM) system. This process involves the employer demonstrating that there are no qualified U.S. workers available for the position and must meet prevailing wage requirements. Once certified by the Department of Labor, the employer can proceed with filing an immigrant petition for the foreign worker. Our team can assist companies in securing this certification.
Multinational Managers / Executives (EB-1C)
Individuals who have served in executive or managerial roles for a multinational company outside the U.S. for at least one year may qualify for a green card under the EB-1C category. The U.S. employer must be a branch, affiliate, subsidiary, or parent of the foreign company that currently employs the applicant. One important benefit of this program is that it does not require a PERM labor certification.
Extraordinary Ability (EB-1A)
The EB-1A category allows individuals with extraordinary ability in the sciences, arts, education, business, or athletics to self-petition without an employer sponsor. Applicants must provide extensive evidence of national or international acclaim and sustained achievement in their field.
Outstanding Professors / Researchers (EB-1B)
This green card option is available to academic and research professionals who are internationally recognized for outstanding achievements in their field. Applicants must have at least three years of experience in teaching or research on top of a permanent job offer from a U.S. employer. This employment must be related to their area of expertise.
Exceptional Ability/National Interest Waiver
Applicants who can demonstrate a level of expertise significantly above that ordinarily encountered in their field may qualify for an EB-2 green card based on exceptional ability. Under Schedule A Group II, foreign nationals with exceptional ability in the sciences or arts may apply for a green card without needing a labor certification. The employer can directly petition to the USCIS for the worker, bypassing the normal labor certification process.
There are also National Interest Waivers (NIW) to consider. The NIW allows certain EB-2 applicants to bypass the labor certification process by showing that their work benefits the national interest of the United States. This category typically applies to researchers, entrepreneurs, and professionals whose contributions have been broadly recognized.
Learn How Footbridge Law LLC Can Help
Learn how our experienced immigration attorneys can guide you or your company through the complex process of obtaining the right visa or green card. We provide personalized support to ensure the best possible outcome for your individual, HR, and organizational goals. Let us navigate the complexities of the U.S. immigration system so you can focus on your business and your career. Reach out today to discuss your unique circumstances and find the most suitable immigration path for you.