Your education, skills, achievements, employment goals, and type of occupation that you want to perform in the US will determine which US work visa or employment based green card you might be eligible for.

Why a US Work Visa is Necessary

Unless you are a US citizen or permanent resident, in most cases, you are required to apply for a US work visa to be authorized for employment in the US. The United States offers a variety of temporary and permanent US work visa options.

Which US Work Visa is Right for You

Almost any foreign national can apply for a US work visa. Depending on your short or long term goals, there are different options available to  individuals seeking temporary or permanent employment in the United States. If you would like our US work visa lawyer to assess what employment visa or green card you could qualify for, please contact us today to schedule a consultation.

US Work Visa Options Include Temporary and Permanent Opportunities:

• E1 and E2 visas: for investors and traders
• H-1B visa: for specialty occupations
• L1 visa: L1A and L1B visas for foreign workers and company owners wishing to transfer to a new or existing affiliate U.S. business
• O1 visa: visa for extraordinary ability in the sciences, arts, education, business, or athletics
• EB1 green card: extraordinary ability; outstanding researchers and professors; as well as managers/executives
• EB2 green card: based on exceptional ability or advanced degree
• NIW green card: based on US national interest
• EB3 green card: professionals, skilled, and other workers
• EB5 green card: for investors
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O1 Visa – A US Work Visa For Extraordinary Ability Individuals
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O1 visas are available to persons of proven extraordinary ability in the sciences, arts, education, business, or athletics. To be considered a person of extraordinary ability, you must have sustained national or international acclaim in your field. The O1 visa allows you to come to the US to work at a particular event or project, for the length of time it is necessary to complete the said event and project. The O1 visa is a temporary US work visa and is granted for a maximum of 3 years, with unlimited extensions in one-year increments.

The Difference Between a US Work Visa and a US Work Visa Status

A US work visa is an actual stamp in a passport, which gives a worker various privileges, including the right to leave and come back to the US during the US work visa validity period. The work visas are obtained at US consulates and embassies abroad. On the other hand, persons who are already present in the United States and want to obtain an employment visa, they have to apply for a change of status to a US work visa.

“Status” is the name given to certain privileges you receive once you are in the US. For example, if you entered the US on an F-1 student visa, but upon graduation were offered employment, you will need to change your status from an F-1 student visa to an appropriate US work visa status. For instance, an H-1B status.

The biggest difference between the US work visa “status” v “visa” is the fact that a person who is on the H-1B status cannot leave and enter the US. If this person wants to travel abroad and come back to the US, he or she will have to go to the US embassy or consulate abroad and obtain an actual H-1B visa stamp in their passport before they can return to the US.

Procedure for Obtaining an Employment Based Green Card

The procedure for receiving a permanent US work visa has a few steps: the immigrant worker usually must be sponsored by a US employer who files an I-140 petition with the USCIS. The I-140 petition classified the foreign worker as a person qualified to immigrate through their employment.

Furthermore, before the employer can file the petition with the USCIS, the employer must first obtain Labor Certification (PERM) from the Department of Labor certifying that no US workers are available to fill the position offered to the immigrant.

The PERM requirement does not apply to EB1 green card preference category. Also, this requirement does not apply to foreign workers who had the Labor Certificate waived through the National Interest Waiver (NIW) under the EB2 category.

Once the PERM certification has been issued (when required) and an I-140 petition has been approved, the final step is the application for a green card through adjustment of status (if the worker is in the US and is eligible) or consular process (if the worker is abroad).