What are U.S. work visas?

The United States offers a wide range of work visa options for foreign nationals. Understanding their purpose, eligibility requirements, and duration of stay can help you find the right path for your employment or long-term residency goals.

A U.S. work visa gives a foreign national the ability to live and work in the U.S. There are two types of work visas:

• Immigrant work visas
• Nonimmigrant work visas

Intent is the key difference between immigrant and nonimmigrant work visas. Immigrant work visas are designed for foreign nationals who want to obtain permanent residency in the U.S. They usually offer a pathway towards a Green Card. Most nonimmigrant work visas do not offer that option, unless they permit dual intent, and some have stricter requirements around duration of stay.

However, many future permanent residents or even naturalized citizens begin their immigration journey through nonimmigrant work visas.

Temporary work visas

Temporary U.S. work visas are designed for temporary work in the United States. Some visas allow you to stay for a few weeks, while others allow you to stay for many years and pursue permanent residency.

E visa category

The E-1 and E-2 visas target traders and investors coming to the U.S. temporarily for commercial business. These visas don’t require you to have a sponsor, but they do require a qualifying business that is owned by members of a treaty country and is actively operating in the U.S. This can include conducting trade in goods or services, managing investments, or consulting company operations.

E-3 visas are different, as they specifically target Australians working in specialized industries. E-3 applicants must obtain a sponsor who will submit a Labor Condition Application (LCA) for them, which essentially says there are no U.S. workers who can do their job.

All three E visa categories can bring along their spouses and children under 21 as dependents under E status.

H visa category

H visas are one of the most popular temporary work authorization pathways for foreign nationals. Depending on the subcategory, these visas allow specialized and agricultural professionals to have jobs in the U.S. Some H visas permit dual intent, meaning they allow holders to pursue a Green Card.

The H visa category includes the:

• H-1B visa: Designed for specialized workers with college degrees.
• H-1B Cap Exempt: Designated for applicants working in a non-profit that engages in research, government organizations or institutions of higher education.
• H-1B1 visa: For Chilean or Singaporean specialized workers with college degrees.
• H-2A: Designed for temporary/seasonal agricultural workers.
• H-2B: Designed for temporary/seasonal non-agricultural workers.
• H-3: For trainees outside of medical or academic fields.
• H-4: Designed for dependents of H visa holders, such as spouses and children under 21.

I visa category

These visas are specifically designed for foreign media workers looking to report in the U.S. As long as they continue reporting for their respective media company, they can continue to remain in the U.S.

L visa category

L visas are for intracompany transfers, which allow multinational companies to bring foreign employees to the U.S. to work in a managerial/executive role (L-1A) or specialized knowledge role (L-1B). These visas can allow dual intent and can be a pathway to permanent residency for eligible applicants.

O visa category

O visas are designed for people with extraordinary ability or achievement in the sciences, arts, education, business, athletics, or the motion picture/television industries. Applicants must show sustained acclaim and meet specific evidentiary criteria.

P visa category

P visas cover certain athletes, entertainers, and artists coming to the U.S. temporarily to perform at specific events or as part of an internationally recognized group. Subcategories differ based on the nature of the performance and eligibility criteria.

R visa category

R-1 visas allow religious workers to come to the U.S. temporarily to work for a non-profit religious organization. These visas are dual intent, meaning holders can request a Green Card without it affecting their R-1 status. R-1 holders can also petition for their dependents to accompany them on the R-2 visa.

TN visa category

Thanks to the United States-Mexico-Canada Agreement (previously known as NAFTA), Canadian and Mexican citizens in certain professions can obtain a TN visa to work in the U.S. The TN’s initial stay period can last up to three years, and can be extended indefinitely. TN visa holders can also sponsor spouses and children under 21 under the TD status.

Immigrant work visa categories

Unlike most nonimmigrant visas, the following work visa categories offer direct pathways to permanent residency in the United States. USCIS gives priority to the most highly skilled workers, which means those pursuing an EB-1 Green Card are more likely to get it faster than those applying for an EB-4 Green Card, for example.

First Preference EB-1

The EB-1 category is generally reserved for workers with extraordinary ability, outstanding professors and researchers, or multinational managers and executives. It typically carries strong evidentiary requirements and can be a faster route for eligible applicants.

Second Preference EB-2

The EB-2 category is often for professionals with advanced degrees or individuals with exceptional ability. Some EB-2 applicants may qualify for a National Interest Waiver depending on the nature of their work and its benefit to the U.S.

Third Preference EB-3

The EB-3 category generally includes skilled workers, professionals, and other (unskilled) workers. This category often requires employer sponsorship and, in many cases, a labor certification process.

Fourth Preference EB-4

The EB-4 category encompasses special workers not covered under EB-1, EB-2, or EB-3. These can include religious workers or foreign members of the U.S. military.

Fifth Preference EB-5

The EB-5 category is an investment-based pathway to permanent residency. Eligible applicants generally must make a qualifying investment and meet job-creation requirements under the applicable rules and thresholds.

Short-term travel visas

Some travel classifications allow business-related visits to the U.S. for limited durations. These do not grant work authorization for a U.S. employer.

B category visas

B-1 status is typically used for business visitor activities such as meetings, conferences, and certain professional engagements, depending on the facts. It’s important to remember that B-1 status does not grant work authorization. Meaning, you cannot work for any U.S. employer under this visa.

Visa waiver programs

Depending on your nationality, you may be able to enter the U.S. for up to 90 days without a visa. Much like the B-1, the Visa Waiver Program (VWP) allows nationals to conduct business-related events. However, they do not provide work authorization for a U.S. employer.

Student and exchange visitor visas

These visas are primarily targeted towards educational or vocational programs, but many of them do allow work authorization.

F visa category

F visas are for academic students enrolled in qualifying U.S. institutions. Many F-1 students can pursue limited employment authorization under specific rules (for example, on-campus work and certain practical training options) depending on eligibility.

J visa category

J visas cover exchange visitors participating in approved programs (including interns, trainees, scholars, and others). Work authorization depends on the program category and sponsor rules, and certain J holders may be subject to additional requirements depending on their circumstances.

M visa category

M visas are for vocational students in qualifying programs. Work authorization is more limited compared to certain other student classifications and depends on applicable rules and approvals.

Q visa category

Q visas are related to certain international cultural exchange programs that involve practical training and employment while sharing the applicant’s culture. Eligibility and program requirements are specific to the classification.

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