Work-Related Visas
Every year thousands of foreign workers come to the U.S. to work or adjust their status to acquire a work visa. This pool of mostly educated and skilled workers vastly aids the U.S. economy, corporate productivity, and U.S technological strengths, and so, the U.S. government has good reason to make work visas available to foreign nationals.
There are a variety of visas which will permit foreign individuals to work in the US. Some of these visas are issued for a specific period of time. However, a foreign worker may qualify for permanent residence (green card) that qualifies the worker to remain indefinitely in the U.S. and work for any employer.
Similar to family-based visas, employment-based visas have a number of preference categories, as follows, that will determine the waiting time for visa approval.
First Preference is given to priority workers who do not require Labor Certification. A Labor Certification is where the U.S. Department of Labor certifies that there are no qualified U.S. workers willing and available to accept the job at the prevailing wage. The Labor Certification also certifies that the employment of the foreign worker will not adversely affect the wages or working conditions of employed U.S. workers. First preference workers are usually highly skilled persons that the U.S. government has determined are vital to the national interest.
Second Preference is given to skilled professionals who hold advanced degrees or who possess exceptional ability in a particular field. Their work is considered to be in the national interest of the U.S., which is why the Labor Certification and job offer requirements can be waived.
Third Preference is given to skilled workers and persons filling areas of labor shortage. Skilled workers are those capable of performing work that requires at least two years experience or training. Bachelor's degrees holders, unskilled laborers, temporary or seasonal workers would be in third category as long as the worker’s employment does not adversely affect the wages or working conditions U.S. workers.
If the work that you will be doing in the U.S. supports the national interest, it may be possible to obtain a national interest waiver of certain restrictions of the green card process.
U.S. work visas include the following categories:
Temporary Employment Visas (Non-immigrant Visas)
- B - Temporary Visitors for Business
- E - Treaty Traders or Investors
- H - Professional Workers
- L - Intra-Company Transfers
- O - Individuals of Extraordinary Ability
- P - Performing Artists and Athletes
- R - Religious Workers
- TN - NAFTA Treaty Professionals for Canadian and Mexican nationals
Permanent Resident Visas (Green Cards) for Executives and Other Professional Employees
- EB - 1 Multinational Executives, Researcher, Persons with Extraordinary Abilities
- EB - 2 Advanced Degree Professionals
- EB - 3 Skilled or Professional Workers
- EB - 4 Religious Workers
- EB - 5 Entrepreneurs or Investors
Each of these employment visa categories has very specific qualifying criteria and filing procedures. Our knowledge and expertise of work-related visas allows us to work effectively with business owners and Human Resource managers to guide them through the immigration process while guarding their interests.
If you have been offered a temporary job in the U.S or you are an employer looking to temporarily employ someone from another country, you are facing some strict and potentially confusing immigration requirements.
We are experienced at guiding workers and employers through the green card application and sponsorship process. Contact us to discuss how our attorneys can help you pursue a temporary work visa for yourself or a current or prospective employee.
Please contact us to start your immigration application now.