Temporary Work Visas

There are a number of temporary work visa options.

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, higher education is not always necessary. Some H-1B visas can be granted to applicants with little education but with lots of work experience.

E1 and E2 Visas (Treaty Traders & Treaty Investors)

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. 

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 U.S. work visas for people working in the U.S.  E visas can only be issued to countries where there is a treaty between the foreign national’s country and the U.S.

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.

NAFTA Work Permit

The North American Free Trade Agreement (NAFTA) is a trade deal between Canada, the US, and Mexico that was implemented in 1994 but was re-written and named in 2018. NAFTA seeks to eliminate trade barriers between the three countries, such as tariffs on goods, with the goal of encouraging economic integration among them and economic prosperity. 

Other Temporary Work Visas

P Visas (Entertainment & Performance Workers)

R-1 Visa (Religious Workers)

Immigrant Visas

An immigrant visa is a type of work visa that’s issued to a foreign national who plans to work and live in the U.S. permanently. In some cases, employees may be able to apply for these work visas after moving to the U.S. This would allow them to change their status to permanent residents and avoid the need to leave the country.

EB-1 extraordinary ability

In order to qualify for this type of immigrant work visa, the applicant has to show that he can meet three of the 10 different criteria demonstrating extraordinary ability. These include awards, membership in associations, a high salary, publications about you or your work, publication in scholarly journals, original contributions to your field, exhibitions of your work and judging the work of others, among other criteria.

EB-1 multinational executive

This is similar to the L-1 nonimmigrant visa and requires the candidate to meet the same criteria, including working for your foreign company for the past three years and holding a managerial or executive role.

EB-2 advanced degree

In order to qualify for this work visa, one needs to be sponsored by a U.S. employer and they need to complete the PERM certification process. Candidates must have a minimum of a master’s degree or the foreign equivalent. They need to also be able to show that the position they’re pursuing requires a minimum of a master’s degree in the U.S. For example, if the prospective job that the foreign national is applying for is a teaching position at a university, they need a master’s degree in the U.S. Candidates can also qualify for this type of work visa if they have a bachelor’s degree in addition to five years of progressive work experience in their field.

The individual or businesses who are seeking to hire foreign nationals may hire the immigration attorney.