Working in the United States if you are not a US citizen or permanent resident, implies that you have to do so with a special work visa. There are several different work visas, each one with its particular requirements and functions. Let’s have a look at the most common ones:
- H visas – Several different H visas are available for temporary workers
- J-1 visas – These are granted, when certain conditions are met, to exchange visitors
- L-1 visas – These are for intra-company transferees
- M-1 visas – These are given to foreign vocational students
- O-1 and -2 visas – These are granted to temporary workers in the field of science
- P-1, -2, and-3 visas – These visas are for temporary workers in the fields of athletics or arts who are participants in an exchange or cultural program
- Investors and professional business workers under NAFTA may be eligible to TC, TN or E1 and E2 visas
Keep in mind that, in order for you to come into the country lawfully with a non-immigrant visa, your prospective employer must usually file a petition on your behalf with USCIS. Also, if your spouse and/or children would be joining you but they are outside of the United States, they should apply for their visas directly at their local U. S. consulate. They would qualify for a visa by filing form I-539.
Permanent Work Visas
All the above visa classifications apply to temporary workers, no matter how long their assignments here. However, there are also immigrants who wish to come into the United States and qualify for a permanent work visa based on their job skills, talents, education, and work experience.
In these cases, your employer would be your sponsor. To be able to get you the required visa, your employer must first get a Labor Certification from the U. S. Department of Labor. This certificate verifies two points:
- That there are not enough qualified, available, and willing American workers to fill the desired position
- That by hiring you, this will not affect the wages or working conditions of other similar workers
EB Visas
EB visas give preference to employees that meet certain qualifications or requirements. Here is how they are distributed:
EB-1 Visas
These are first preference visas granted to individuals who show extraordinary abilities in fields such as science, athletics, art, business, academics, as well as multinational executives and managers. This visa does not call for a Labor Certification.
EB -2 Visas
These are defined as second preference visas and are for people who hold advanced degrees or exceptional abilities in business, science, or the arts.
EB-3 Visas
These are visas that are for skilled workers and professionals.
EB-4 Visas
Granted to what are called “special immigrants”, these visas are for certain religious workers, retired employees of international organizations, and other special classifications.
EB-5 Visas
Granted to investors who invest a specific amount in a new commercial enterprise. If the new business is located in a defined employment area, the amount may be lower.
If you are looking to see if you qualify for a work visa in the United States, whether temporary or permanent, you can get more information here fl-ilc.com and learn what you need to do to get one. You can also find an immigration lawyer that will have the necessary expertise to help you achieve your dream.
