13 Different Types of US Work Visas

Godfred Cobblah

7 months ago

The United States, Canada, and United Kingdom have become top destinations for skilled immigrants seeking work visas. USA offers a range of work visas that allow foreign workers to enter and work in the country temporarily or permanently compared to other countries.

Work visa system in the United States provides opportunities for foreign workers to contribute their skills and expertise to the American economy.

In this article, we will explore the different types of US work visas, eligibility requirements, and duration of stay.

What is the American Work Visa?

The USA Work Visa is designed for individuals seeking employment in the United States for a specific duration. It encompasses various categories, including the H-1B visa for highly skilled professionals and the L-1 visa for intra-company transfers.

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Types of US Work Visas

Knowing the different visa types and their respective requirement can help you determine which work visa is best for you.

We’ll take a look at 13 different types of work visas, including temporary and permanent visas:

H-1B Visa

The H-1B visa program allows U.S. employers to temporarily sponsor foreign professionals to fill specialized positions that require theoretical or technical expertise in a specific field. This program plays a crucial role in addressing labor shortages in various sectors, particularly in the technology and healthcare industries.

To be eligible for an H-1B visa, foreign professionals must meet specific criteria, including:

Possessing a bachelor’s degree or equivalent qualification in the relevant specialty.
Receiving a job offer from a U.S. employer in a specialty occupation.
Demonstrating that their qualifications align with the requirements of the offered position.

The annual cap on H-1B visas ensures that the program remains sustainable and prevents an influx of foreign workers that could potentially displace U.S. citizens.

In 2023, the cap for regular H-1B visas was set at 65,000, with an additional 20,000 visas reserved for foreign nationals with master’s or doctoral degrees in STEM fields (science, technology, engineering, and mathematics).

Duration of Stay : 3 Years + 3 Years Extension

L-1 Visa

The L-1 visa is designed for employees of multinational companies who are being transferred to a U.S. branch or subsidiary of their current employer. This type of visa is intended for individuals who hold managerial or executive positions or possess specialized knowledge relevant to the company’s operations.

To qualify for an L-1 visa, employees must meet specific criteria, including:

Employment with a qualifying foreign company: The employee must have been employed by a qualifying foreign company for at least one continuous year within the three years immediately preceding their application for an L-1 visa.
Affiliation with a U.S. company: The foreign company must have a direct affiliation with a U.S. company, such as a parent company, branch, subsidiary, or affiliate.

It’s important to note that there are two categories for this type of visa:

L-1A: This visa is intended for managers and executives who are being transferred to a U.S. office of their current employer or to establish a new U.S. location for the company.
L-1B: This visa is designed for employees who possess specialized knowledge about the company’s products, services, or processes and are being transferred to work in the U.S. office.

Duration of Stay : 7 Years + 2 Years Extension

O-1 Visa

The O-1 visa is a nonimmigrant visa category for individuals who possess extraordinary ability in the sciences, arts, education, business, or athletics, or who have a demonstrated record of extraordinary achievement in the motion picture and television industries.

To qualify for an O-1 visa, applicants must meet the following criteria:

Extraordinary ability: Applicants must demonstrate that they have sustained national or international acclaim for extraordinary ability in their field. This acclaim can be evidenced through a variety of factors, such as awards, publications, critical reviews, or other forms of recognition.
Coming to the U.S. temporarily: Applicants must intend to work temporarily in the U.S. in their field of extraordinary ability.
Job offer: Applicants must have a job offer from a U.S. employer that is sponsoring them for the O-1 visa.

Duration of Stay : 3 Years + 1 Year Extension

TN Visa

The TN visa is a category established under the North American Free Trade Agreement (NAFTA) that allows Canadian and Mexican citizens to work in the United States in prearranged business activities for U.S. or foreign employers. It provides a streamlined process for qualified professionals from Canada and Mexico to temporarily enter the U.S. to engage in professional-level work.

Eligibility Requirements

To qualify for a TN visa, applicants must meet the following criteria:

Citizenship: Applicants must be citizens of Canada or Mexico.
Profession: Applicants must be a professional in a qualifying profession listed in Annex 1603.D.1 of NAFTA. These professions span a wide range of fields, including accountants, engineers, scientists, teachers, and lawyers.
Prearranged Employment: Applicants must have a prearranged job offer from a U.S. employer in a qualifying profession.
Qualifications: Applicants must possess the necessary qualifications, including education, training, or experience, to perform the duties of the offered position.

Duration of Stay: 6 months + 5 Years Extension

Seasonal Agricultural Work Visas

Seasonal agricultural work visas are a type of temporary work visa that allows foreign nationals to work in the agriculture industry in a specific country for a limited period of time. These visas are typically granted to workers who are needed to fill labor shortages during peak seasons, such as harvesting or planting.

Eligibility Requirements

The eligibility requirements for seasonal agricultural work visas vary from country to country. However, some common requirements include:

Citizenship: Applicants must be citizens of a country that has an agreement with the host country to allow for the exchange of seasonal agricultural workers.
Age: Applicants must be of legal working age in the host country.
Health: Applicants must be in good health and free from any diseases that could pose a risk to public health.
Experience: Applicants must have experience working in agriculture.
Job Offer: Applicants must have a job offer from a registered agricultural employer in the host country.

Duration of Stay: 1 Year

E-1 and E-2 Visas

This type of visa allows people from certain countries to visit the U.S. to carry on trade activities. E-1 visas can be obtained by treaty traders or E-2 visas by treaty investors.

Treaty traders are individuals from a country with a trade agreement with the U.S. who engage in ongoing trade activities. Treaty investors, on the other hand, are those who have made a substantial investment in a U.S. business and can demonstrate their intention to develop their investment.

Eligibility Requirements

To be eligible for an E-1 or E-2 visa, applicants must meet the following criteria:

Citizenship: Applicants must be citizens of a country with which the United States maintains a treaty of commerce and navigation.
Purpose: Applicants must come to the United States to engage in substantial trade (E-1 visa) or to develop and direct the operations of an enterprise in which they have invested a substantial amount of capital (E-2 visa).
Qualifications: Applicants must have the necessary qualifications to perform the duties of their position.
Financial Support: Applicants must be able to financially support themselves and their family members during their stay in the United States.

Duration of Stay: 2 Years + 3 Years Extension

R-1 Visa

The R-1 visa is a nonimmigrant visa category for religious workers who come to the United States to work temporarily in a religious vocation or occupation. This visa is designed for individuals who are ordained ministers, religious professionals, or other workers who are authorized to perform religious duties by a recognized religious denomination or organization.

Eligibility Requirements

To qualify for an R-1 visa, applicants must meet the following criteria:

Citizenship: Applicants must be citizens of a foreign country.
Religious Worker: Applicants must be a religious worker who is authorized to perform religious duties by a recognized religious denomination or organization.
Job Offer: Applicants must have a job offer from a U.S. employer that is a non-profit religious organization, a religious organization that is authorized by a group tax exemption holder to use its group tax exemption, or a non-profit organization that is affiliated with a religious denomination in the United States.
Qualifications: Applicants must possess the necessary qualifications to perform the duties of the offered position.

Duration of Stay: 3 Years + 2 Years Extension

E-3 Visa

The E-3 visa allows citizens of Australia to work temporarily in the United States in a specialty occupation. A specialty occupation is one that requires theoretical and practical application of a body of highly specialized knowledge and attainment of a bachelor’s degree or higher in the specific specialty, or its equivalent.

Eligibility Requirements

To qualify for an E-3 visa, applicants must meet the following criteria:

Citizenship: Applicants must be citizens of Australia.
Specialty Occupation: Applicants must be working in a specialty occupation that requires theoretical and practical application of a body of highly specialized knowledge and attainment of a bachelor’s degree or higher in the specific specialty, or its equivalent.
Job Offer: Applicants must have a job offer from a U.S. employer that is sponsoring them for the E-3 visa.
Qualifications: Applicants must possess the necessary qualifications to perform the duties of the offered position.

Duration of Stay: 5 Years + 2 Years Extension

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P-2 Visa

The P-2 visa is for artists and entertainers who come to the United States to perform temporarily through a government-recognized reciprocal exchange program. These programs allow artists and entertainers from the United States to perform in the foreign country, and vice versa.

Eligibility Requirements

To qualify for a P-2 visa, applicants must meet the following criteria:

Artist or Entertainer: Applicants must be an artist or entertainer, such as a musician, singer, dancer, actor, or circus performer.
Reciprocal Exchange Program: Applicants must be entering the United States to perform as an entertainer or an artist individually or as a member of a group under a reciprocal exchange program with a U.S. based organization.
Skills: Applicants must possess skills comparable to those of U.S. entertainers or artists in the reciprocal program.
Job Offer: Applicants must have a job offer from a U.S. employer or a sponsoring labor organization participating in the reciprocal exchange program.

Duration of Stay: 1 Year + 9 Years Extension

H-2B Visa

The H-2B visa is a nonimmigrant visa that allows U.S. employers to bring foreign nationals to the United States to fill temporary nonagricultural jobs. These jobs are typically seasonal, one-time, or intermittent.

Eligibility Requirements

To qualify for an H-2B visa, applicants must meet the following criteria:

U.S. Employer: The U.S. employer must file a petition on behalf of the prospective H-2B worker. The employer must demonstrate that there are not enough U.S. workers who are able, willing, qualified, and available to do the temporary work.
Temporary Job: The job must be temporary in nature and cannot be permanent or indefinite.
Nonagricultural Job: The job must be nonagricultural in nature. This means that it cannot be related to farming, fishing, or forestry.
Qualifying Occupation: The job must be in a qualifying occupation. The Department of Labor maintains a list of qualifying occupations, which includes a variety of jobs in the hospitality, construction, and landscaping industries.
Prevailing Wage: The U.S. employer must pay the H-2B worker at least the prevailing wage for the occupation in the area of intended employment. The prevailing wage is the average wage paid to similarly employed U.S. workers in the area.

Duration of Stay: 1 Year + 2 Years Extension

Immigrant Visas

An employment-based “preference immigrant” visa, also known as a green card, is a type of work visa that’s issued to foreign nationals who plan to work and live in the U.S. permanently.

In some cases, employees may apply for these work visas after moving to the U.S. After getting a temporary residency permit, qualified immigrants can change their status to permanent residents.

EB-1 First Preference Visa

You can apply for an EB-1 First Preference visa under three pathways. Each pathway requires you to satisfy specific criteria and submit a petition individually or through an employer.

Here are the three types of EB-1 work visas you can apply to receive:

Extraordinary ability: You must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim
Outstanding professors and researchers: To be eligible for this visa, you must be a recognized expert in your academic field with at least three years of teaching or research experience. You must also be coming to the United States to work in a tenured or tenure-track teaching position or a comparable research position at a university or other institution of higher education.
Multinational managers or executives: To be eligible for this visa, you must have been employed outside the United States for at least one year in the three years prior to applying or since your last lawful nonimmigrant admission, if you are already working for the U.S. petitioning employer. The U.S. petitioning employer must have been in business for at least one year, have a qualifying relationship with the entity you worked for outside the U.S., and intend to employ you in a managerial or executive capacity.

EB-2 Second Preference Visa

You may be eligible for an employment-based, second preference visa if you are a member of the professions holding an advanced degree or its equivalent, or a person who has exceptional ability. Below are the occupational categories and requirements:

To qualify for an EB-2 visa for exceptional ability, the U.S. requires you to meet certain criteria by submitting documentation, which may include:

Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability
Letters from current or former employers documenting at least 10 years of full-time experience in your occupation
A license to practice your profession or certification for your profession or occupation
Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability
Membership in a professional association(s)
Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations
Other comparable evidence of eligibility is also acceptable.

EB-3 Third Preference Visa

You can apply for this type of immigrant visa if you have a labor certification and a job offer in the U.S. This visa is available to three types of workers:

Skilled workers: are persons whose jobs require a minimum of 2 years training or experience, not of a temporary or seasonal nature. The skilled worker must meet the educational, training, or experience requirements of the job opportunity. Relevant post-secondary education may be considered as training.
Professionals: are persons whose job requires at least a U.S. baccalaureate or foreign equivalent degree and are a member of the professions.
other workers: subcategory is for persons performing unskilled labor requiring less than 2 years training or experience, not of a temporary or seasonal nature.