Temporary (Non-Immigrant) Work Visas: Under these, you can enter the U.S. on a temporary work assignment under certain circumstances. No right of perpetual residence is granted to you.
Permanent (Immigrant) Work Visas: Also referred to as employment-based green cards, these enable you to reside permanently within the U.S., usually on eventual citizenship terms. In the 2024 fiscal year, only 4.8 % of new entrants on a work basis are on permanent work visas; nearly all of them entered on a temporary work classification.
These visas permit you to enter the United States to work for a certain duration of time. The employer is frequently mandated to petition with U.S. Citizenship and Immigration Services (USCIS) before you can apply at a United States consulate.
TN Visa: As a citizen of Canada or Mexico under the United States–Mexico–Canada Agreement (USMCA). It is reserved for certain careers (e.g., engineers, pharmacists) that you are offered a job within a United States employer.
L-1 Visa (L-1A & L-1B): For intra-company transferees, workers from a foreign company who are moved to a United States subsidiary/binary affiliate/branch office. The L-1A is used for managers/executives; the L-1B is used for those who possess specialized knowledge.
E-1 Visa (Treaty Trader) & E-2 Visa (Treaty Investor): Given to citizens of Treaty nations who are engaged in substantial trade (E-1) or investment (E-2) in the United States.
H-1B Visa: For professionals in specialty occupations that require a bachelor’s degree or higher- commonly used in tech, engineering, and education sectors.
H-2B Visa: For temporary non-agricultural workers filling seasonal or peak-load positions in industries like hospitality or construction.
R-1 Visa: For religious workers entering the U.S. to serve a nonprofit religious organization temporarily.
O-1 Visa (O-1A / O-1B): For individuals with extraordinary ability in fields such as science, business, sports, education (O-1A), or the arts and entertainment industry (O-1B).
O-2 Visa: For essential support staff accompanying O-1B artists or entertainers.
P Visas (P-1A / P-1B / P-2): For internationally recognized athletes, entertainers, or artists performing individually, in groups, or under reciprocal exchange programs.
Key points:
There are five priority categories: (EB-1 through EB-5):
EB-1 (First Preference): For special individuals of extraordinary ability, extraordinary researchers and professors, as well as multinational managers/executives. The labor certification is generally waived.
EB-2 (Second Preference): Professionals with an advanced degree (or equivalent) or those with extraordinary ability in science, art, or business. Typically requires a job offer and labor certification, with a few exceptions in National Interest Waiver cases.
EB-3 (Third Preference): For qualified workers (for at least two years), professionals (bachelor’s degree holders), and other workers (unskilled labor). Requires labor certification as well as a job offer in a permanent, full-time position.
EB-4 (Fourth Preference): Special immigrants — i.e., certain religious workers, retired employees of international organizations, minor children of United States citizens in special situations.
EB-5 (Fifth Preference): It is open for immigrant investors who invest appreciably in a newly created commercial enterprise that creates/benefits at least 10 full-time U.S jobs.
Choosing the wrong visa category or job mismatching of employer, job, or qualifications can result in delay, denial, or potential immigration violations. Some points to bear in mind are:
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Most temporary and immigrant visas require a job offer and an employer petition. Some categories permit self-petitioning (e.g., EB-1 extraordinary ability).