Employment-based visas

Temporary Employment-Based Visa Classifications

There are many different temporary employment-based visa classifications. Most of them are defined in section 101(a)(15) of the Immigration and Nationality Act (INA) and referred to by the letter and numeral that denotes their subsection of that law. Each option has different requirements, and it is important to determine for which you may be eligible.

Top Temporary US Work Visa Options:

• H-1B Visa (Skilled Workers)

An H-1B visa is a temporary US work permit that allows foreign nationals to work within “specialty occupations” for US employers. The work performed must involve a high level of specialized knowledge that require a bachelor’s degree or its equivalent (occupations such as IT, finance, engineering, architecture and more). Foreign workers are hired for a temporary period of time and have a limited ability to change jobs.

Other H category visas: H-2A Visa; H-2B Visa; H-3 Visa

• E1 and E2 Visas (Treaty Traders & Treaty Investors)

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.

The E-1 or Treaty Trader visa is a nonimmigrant visa allows nationals of a treaty country (with which the US maintains a treaty qualifying treaty of friendship, commerce, navigation, or a similar agreement) to be admitted to the United States solely to engage in international trade on his or her own behalf.  Certain employees of such a person or of a qualifying organization may also be eligible for this classification.

An E-2 Visa may be an option for individuals coming to the U.S. to invest a substantial amount of capital or to direct and develop the business operations of an entity in which they have already invested funds. A person may qualify as the principal investor or as an employee of an investor company having the same nationality.

• L1 Visa (Intra-Company Transfers)

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)

This 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 to Explore

• P Visas (Entertainment & Performance Workers)
• R-1 Visa (Religious Workers)