Types of Work Visa USA: Temporary and Permanent US Work Visas
To permanently or temporarily work in the US as a foreign national, you will likely need to obtain a US work visa. Read the information we have provided below to learn more about the process, the requirements, and more!
Interested in immigrating to the United States?
US Work Visas: How Can I Get a US Work Visa?
The U.S. economy is strong, thanks in part to the contributions of immigrants. If you’re looking to work in the United States, there are several visa options available. This guide will outline the most common work visas and who qualifies for each.
If you are interested in working in the United States, you may be interested in either obtaining a temporary work visa or an employment-based green card (permanent work visa). A variety of temporary work visas exist, and each will allow you to stay in the US for a specific or definite amount of time. By obtaining an employment-based green card, you will be considered a permanent resident due to your employment status. Each option has different requirements, and it is important to determine for which you may be eligible. Below, we will explain everything you need to know about permanent US work visa types and temporary US work visa types.
Permanent Work Visa USA
The United States offers about 140,000 green cards each year for people with specific skills to live and work permanently in the country. To qualify, you typically need a job offer from a U.S. employer. This employer must prove there aren’t enough qualified Americans for the position. This process is called labor certification. Your spouse and children may also be eligible to live in the U.S. with you.
Each year, many people obtain their green cards through employment based preferences, giving them permanent resident status in the US. The employment-based category is divided into five sections: EB-1, EB-2, EB-3, EB-4, and EB-5. If you are interested in working in the US, you may be eligible to obtain a Green Card under one of these categories.
Learn more about Employment-Based Green Cards below!
First Preference EB-1 Visa: Priority Workers
The EB-1 Green Card, First Preference visa category was created for priority workers looking to live in the United States. The EB-1 visa is for people with exceptional skills in fields like business, academia, science, arts, or athletics.
More specifically, those eligible for an EB-1 visa would need to fall under the following categories:
- EB-1A: Extraordinary Ability
- EB-1B: Outstanding Professors and Researchers
- EB-1C: Multinational
Unlike other employment-based visas, you don’t need labor certification for this one. Your family members can also apply for green cards if your EB-1 application is approved.
Second Preference EB-2 Visa: Advanced Degree Professionals
The EB-2 immigrant visa category is within the Immigration Act for those interested in US permanent residency. It was created for foreign nationals who hold an advanced degree, exceptional abilities or are looking to waive their labor certification requirement. The three visas that fall under the second preference category include:
- EB-2A: Advanced Degree
- EB-2B: Exceptional Ability
- EB-2C: National Interest Waiver (NIW)
Third Preference EB-3 Visa: Skilled, Unskilled, & Professional Workers
The EB-3 Green Card is a permanent residence category based on work experience. Workers that are competent, professional, or “other” fall into the third preferred group. Those that obtain an EB-3 Green Card who are considered skilled, unskilled, or professional workers
Fourth Preference EB-4 Visa: Special Immigrants
The EB-4 category is an immigrant visa preference category for “exceptional immigrants.” If a person satisfies the qualifications for special immigrant status, they may apply for legal permanent resident (LPR) status in the EB4 category. There are two main categories of the EB-4 visa but in addition to these there are several other categories:
- Religious Workers
- Special Immigrant Juveniles
Fifth Preference EB-5 Visa: Investors
The EB-5 immigrant investor visa category was created within the Immigration Act to attract foreign capital to the US and create jobs for American workers in the process. Ultimately, the investor would then be entitled to apply for US permanent residence.
If you want to work in the United States for a specific period, you’ll likely need a work visa. Typically, your future employer in the U.S. starts the process by filing a petition with USCIS. Once approved, you can apply for the actual visa.There are many different types of work visas for various job categories. You can find a complete list on the USCIS website. It’s important to note that your spouse and children may also need their own visas to join you in the United States. These include temporary skilled worker visas, investor visas, and business visitor visas, among others.
We’ll discuss the most common temporary work visa types below.
E1 and E2 Visas (Treaty Traders & Treaty Investors)
E-1 Visa
The E-1 or Treaty Trader visa is a nonimmigrant visa for citizens of countries that the US has a treaty of commerce with. While not all countries are eligible, business owners from those that are may qualify if they meet several criteria.
E-2 Visa
If you wish to work in the US by starting or investing in a US business, an E-2 Visa may be an option for you. E visas are US work visas for people working in the US investment. E visas can only be issued to countries where there is a treaty between the foreign national’s country and the USA.
Top Types of Temporary US Work Visa Options
The most common temporary work visas in the United States include:
- H-1B Visas
- E Visas
- L Visas
- O Visas
- NAFTA Work Visa
Many times it depends on what type of occupation you will perform in the US that decides which visa is best for you. Some other factors that make this decision can include whether you have a relationship with an employer, how long you’ll be employed in the United States, and what degree of skill it takes to perform the job.
H-1B Visa (Skilled Workers)
An H-1B visa is a temporary US work permit that allows foreigners to work within “specialty occupations” for US employers. This means that your employment in the United States cannot be for just any type of work; the work performed must involve a high level of skill such as in a professional occupation. Most applicants under the H-1B work visa category are highly educated with a university degree. However, high education is not always necessary. Some H-1B visas can be granted to applicants with little education but with lots of work experience.
Other H category visas:
I Visas (Journalist and Media Visa)
I visas are for journalists, filmmakers, and other media professionals working for foreign news organizations. These visas usually allow you to stay in the U.S. as long as you continue working for the same company.
L1 Visa (Intra-Company Transfers)
If you are expanding your business to the US or being transferred to an existing American business, the L-1 visa is most likely the best type of visa for you. L-1 visas are available to employees working for companies outside the United States such as in Canada that have branches, subsidiaries, affiliates or joint venture partners in the United States. The L-1 Visa has two categories, which include:
- L-1A
- L-1B
O-1 Visa (Extraordinary Abilities)
The O-1 temporary visa is intended for people who possess extraordinary skills in arts, sciences, business, education, or athletics, or who have a solid track record of extraordinary performance in the motion picture and television industry and have been identified and acknowledged domestically and internationally for their excellence.
Under the North American Free Trade Agreement (NAFTA), citizens of Canada or Mexico with a job offer in the US may be eligible for a TN temporary work visa. This allows a qualified individual to obtain a work visa quickly and with minimal documentation. The US job offer must be from a list of occupations defined by NAFTA. If you are a citizen of Mexico or Canada, the TN visa may be an attractive option.
Learn more about your TN Visa through USMCA below!
Other Temporary Work Visas to Explore
- P Visas (Entertainment & Performance Workers)
- R-1 Visa (Religious Workers)
Student and Exchange Visitor Visas
There are a couple visas that allow young adults interested in higher education or looking to come train in the United States. Some of these options allow one to work in the United States!
Learn more about work visas for students and exchange visitors below!
There are a few temporary visas that were created specifically for student and exchange visitors. A lot of those who obtain one of the following have the chance to possibly adjust their status to a green card.
F Student Visas
F-1 visas are for students attending U.S. schools. You can work on campus after your first year. There are also special work programs for students in certain fields. F-2 visas are for student’s families, and F-3 visas are for Canadian and Mexican students who live nearby.
- The F-1 “Academic Student” visa is meant for individuals who plan to study at an academic institution (including accredited colleges, universities, seminaries, conservatories, and academic high school and elementary schools) or language training program. To qualify, the program in which you are enrolled must culminate in the receipt of a degree, diploma, or certificate and the school must be authorized by the US government to accept international students.
An F-2 visa is for the family of an international student studying in the United States. This means the spouse and children of an F-1 student can live in the U.S. with them while they’re studying.
An F-3 visa is for the married adult child (over 21 years old) of a U.S. citizen. This means if you’re the married child of a U.S. citizen, you can apply for an F-3 visa to live and work in the United States.
M Student Visas
M visas are specifically for students pursuing non-academic or vocational studies in the United States.
There are three main types:
- M-1 visa: This is for students enrolled in vocational or non-academic studies.
- M-2 visa: This is for dependents (spouse and children) of M-1 visa holders.
- M-3 visa: Similar to the F-3 visa, this is for Canadian and Mexican students who are commuting to the United States for non-academic studies.
Essentially, if you’re studying something other than a traditional academic degree, you’ll likely need an M visa.
The M-1 “Vocational Student” visa is meant for students in vocational or other non-academic programs, other than language training.
J Exchange Visitor Visas
J visas are for individuals participating in exchange visitor programs in the U.S. There are many categories under the J visa, but here are some of the most common:
- J-1 Visa: This is the general category for exchange visitors, including students, teachers, researchers, and professionals.
- J-2 Visa: This is for dependents (spouse and children) of J-1 visa holders.
Temporary US Business Visas
The United States has created a visa specifically for those coming to the US temporarily for business reasons. This allows business individuals to come do a number of work and/or business-related things like attending a conference, take a meeting, and more!
B-1 Business Visitor Visa
If you are entering the United States for business purposes, you may require a B-1 visa. The B-1 visa is a very fast and relatively simple means of visiting the United States for business purposes. Canadians, in particular, are usually are not issued formal B-1 visas but rather receive a stamp on their passport admitting them on B-1 Status, which they can obtain at a US/Canadian port of entry.
WB Temporary Business Visitor under Visa Waiver Program
If you’re a citizen of one of the countries on the Visa Waiver Program list, you can visit the United States for business or tourism for up to 90 days without a visa. This is called the WB program.
How To Adjust Your Temporary Status to Green Card
If you didn’t qualify for a permanent residency Green Card, no worries, because you may have the chance to adjust your status in the future. You can do this through any of the EB Green Cards through employment or Family Sponsorship.
Steps to Adjust Temporary Status
- Determine if you are eligible for a US Green Card
- File your immigrant petition
- Check visa availability
- File Form I-485
- Attend your biometrics appointment
- Go to your immigration interview (if needed)
- Submit additional supporting documents (if needed)
US Work Visa Processing Times
Temporary Work Visas: 5 to 7 months
Employment-Based Green Cards: 6 to 33 months
Learn more about US Work Visa Processing Times in 2024.
With so many applicants each year from around the world applying for US Work Permits, it is important to get experienced legal help that will ensure your application package has the best chance of being accepted. Missed or incorrect details can result in a visa refusal, which can be unsettling after all the effort you put into your application. If you are ready to apply for a temporary or permanent US work visa, book a consultation or contact us to speak with an immigration professional.