The U.S. immigration system offers multiple visas for foreign workers. Some allow for temporary employment (“non-immigrant visas”) and others may open the way to permanent residency.
Below are four of the most common and useful visas to work legally in the US.
1. H-1B Visa: Skilled Occupation Specialists
The H-1B visa is designed for college-educated individuals in specialty occupations – such as engineers, programmers, scientists, or technical professionals – that require at least a bachelor’s degree or equivalent experience.
To obtain it, a U.S. employer must file a Labor Condition Application with the Department of Labor, and then file a petition with USCIS.
The initial term is usually three years, renewable up to a maximum of six years.
2. L-1 Visa: Intra-company transfer
The L-1 visa allows employees of multinational companies to be transferred to the company’s U.S. office.
This applies in cases of executives, managers or workers with specialized knowledge.
The key requirement is that the person has worked for the same company outside the country for at least one continuous year in the last three years prior to the application.
The time allowed under L-1 varies by type: for executives or managers (L-1A) it can be up to seven years; for those with specialized knowledge (L-1B), less time.
3. O-1 Visa: Persons with Extraordinary Abilities
The O-1 is a visa for those with outstanding achievements in the sciences, arts, education, business or athletics.
Applicants must demonstrate national or international recognition, awards, publications, or other evidence of excellence in the field.
It is granted initially for up to three years, with the possibility of renewals if they continue to perform their exceptional work.
4. E-2 Visa: Investors from treaty countries
The E-2 visa is intended for nationals of countries that have a treaty with the United States and who make a substantial investment in a U.S. business.
There is no fixed minimum amount defined by law, but the investment must be sufficient to ensure that the business is not marginal (that it generates sufficient income and employment).
This visa also allows the applicant to work running the business, and can be renewed as long as the investment is maintained and the business continues to operate.
Final visa considerations
These visas have in common that:
They generally require sponsorship by an employer or a specific investment.
They have strict requirements: academic degrees, experience, demonstration of skills or financial proof.
Not all automatically lead to permanent residency, although in many cases there is the possibility of adjusting status if certain criteria are met.
If you are considering applying for any of these visas, it is advisable to consult with an immigration attorney to ensure that you meet all the requirements and know the updated procedures.
Archived: Visas to work legally in the USA
This article was originally published in Nueva News.
