Work Visas

Like most countries of the world, the United States limits the type and number of foreign workers who can enter the United States.  To perform work duties in the United States, you must have a work visa regardless of where you are being paid.   The categories of work visas are as follows:

• H1A Visa:  Registered Nurses coming for temporary employment
• H1B Visa: Covers two types of temporary employment-- those in specialty occupations that require college or advanced degree at minimum entry-level and artists, entertainers, athletes and fashion models of distinguished merit and ability along with persons assisting in their performances
• H2A Visa:  Temporary or seasonal agriculture workers.
• H2B Visa:  Persons coming to temporary jobs that could not be filled by US citizens or residents.
• H3 Visa:  For professional job trainees in an American company or in the US office of a foreign company.
• L Visa:  Managers or executives of multinational corporations, transferred to the company’s US office.
• O Visa:  Persons of sustained national or international acclaim in the sciences, arts, education, business or athletics coming to the US to work or perform in that field.
• P Visa:  Artists, entertainers and athletes recognized at an international level; artists and entertainers performing under a reciprocal agreement between the US and their country; or artists and entertainers whose performances are considered  culturally  unique.  NOTE: Athletes and entertainers who do NOT qualify in the O or P categories must seek H1B status.
• Q Visa:  Participants in international cultural exchange programs for the purpose of providing practical training, employment and the sharing of history, culture and traditions of one’s home country.

For all of the above visa categories, you must have a valid job offer from the company in the U.S.  Before any visa can be issued, your employer in the US must first file Form I-129 (Petition for Non-Immigrant Worker) with the US Immigration and Naturalization Service (INS).  Once approved, the employer is sent a notice of approval, Form I-797. No work visa can be issued without this approved petition form.   When you apply for your work visa, you must present the ORIGINAL notice of approval form I-797 to the consular officer.  It should be noted that the approval of a petition shall not guarantee visa issuance to an applicant found ineligible under provisions of the Immigration and Nationality Act (INA).

Also, spouses and children of H, L, O, and P (not Q) visa holders are eligible to accompany the principal applicant so long as the principal applicant is able to show that he/she will be able to support his/her family while in the United States.

Other Notes On Work Visas:

• B-1 Visa:  You do not need a work visa if your foreign company sends you to the US for short (e.g. up to one year) training programs or to conduct business on behalf of your employer.  During that time you cannot engage in work and must continue to be employed and paid by your company overseas.
• I visas:  Journalists and representatives of the foreign press, radio, television or other information mediums who are going to the United States for reporting or other journalistic work can apply as well as those who are essential to producing the report, such as film crews and tape editors.  Those who work on educational or informational films qualify for this status.  However, those who work on films and other media for entertainment purposes are NOT eligible for I status.

Permanent Job Offers:  Only some permanent jobs will qualify you for an immigrant visa, that is, for permanent residence.  Each year, the United States accepts 140,000 immigrants in five employment based-categories:

1--persons of international acclaim in arts, science, education business or athletics;

2--Outstanding professors or researchers;

3--Multinational executives or managers;

4--Professionals, skilled workers, and other workers in short supply in the United States; and

5--Investors of $500,000 or more, who create jobs for at least 10 Americans.

For further information on this work-based immigrant visa, please consult the Immigrant Visa portion of this web page.