Work Visa Options for Foreigners Coming to the United States
From college kids planning to spend a semester working at a ski lodge to investors looking to flip a business and obtain a Green Card, there is no single typical profile of someone seeking a US work visa. The United States has long been the dream destination of entrepreneurs, educators, entertainers, and employment seekers. As such, there’s a long list of work visa options. Some are relatively easy to obtain. And some are more obscure and complex. No matter which visa you choose, careful preparation and good legal advice are important for a smooth application process.
These are among the most popular visa types for foreigners looking to work in the United States, whether immigration- or non-immigration-focused.
How Much Does a Work Visa Cost?
There are several important considerations before you apply for a US work visa. The first is the cost. US visa applications start at $160, and there is no refund if you aren’t successful.
This is really just the cost of assessing your application, not the cost of issuing a visa itself. In fact, for some visas, there is an additional fee you must pay if your visa application is indeed successful. This is sometimes called a ‘reciprocal’ fee. If your home country charges a visa, the United States will as well.
That’s just the beginning! Several visas come with additional fees. For instance, L-visa applications must pay a $500 fraud prevention and detection fee. And J-1 student visa applicants must pay a Student and Exchange Visitor Information System (SEVIS) fee of $180-$350.
Of course, many visa applications will require you to gather legal documents and even get legal assistance before you apply. This could range from several hundred to several thousand dollars.
How Long Does it Take to Get a US Work Visa?
The processing time for US work visas can vary dramatically. In general, temporary or non-immigration visa applications can take several weeks to several months to be processed.
However, immigration visas can take months to years to be approved. In some cases, such as the O-1 visa, you can expedite the process by paying a fast-track fee.
All visa application forms, as well as additional visa information, can be found on the US government website.
Non-Immigration Visas
These visas allow foreign nationals to work in the U.S. temporarily under specific conditions.
B-1 Visa (Temporary Business Visitor)
The B-1 visa allows visitors to enter the United States to conduct business transactions. It’s designed to serve people from countries without a visa waiver policy.
Under the terms of a B-1 visa, you are permitted to negotiate contracts, settle estates, and attend conferences, business meetings, and professional events. However, the focus is on business, not employment.
Therefore, you aren’t allowed to work in the traditional sense of earning income as an employee. There is no limit to the number of times you can apply for a B-1 visa. Note that this is different from the B-2 visa, which is intended for tourism.
H-2B Visa (Temporary Non-Agricultural Worker)
H-2B visas are generally used for temporary jobs that are not agricultural in nature. The H-2B visas permit employers to hire temporary foreign workers to perform non-agricultural work on a seasonal, peak load, and intermittent basis.
Common examples include jobs at ski lodges, hotels, beach resorts, or amusement parks. There is a cap of 66,000 H-2B visas issued each year.
H-2A Visa (Temporary Agricultural Worker)
The H-2A visa program is designed for seasonal or temporary agricultural work. These visas are valid for 3 years. As well, recipients must originate from a select list of countries.
H-1B Visa (Temporary Worker With University Degree)
The H-1B is a temporary work visa for individuals with university degrees. It is available to foreign nationals who perform services in a specialty occupation. The term “specialty occupation” comprises two criteria.
Requirements for H-1B Visa
- The occupation requires theoretical and practical application of a body of highly specialized knowledge, and
- The occupation requires at least a bachelor’s degree in the relevant field.
This program can help bright young students get their start in the American workforce. There are approximately 65,000 visas available for people with bachelor’s degrees. And there are 20,000 more available for people with a master’s degree from an American university.
To obtain an H-1B, you must have an offer of employment from a U.S. employer. The employer makes the application on behalf of the employee.
Your proposed position must be a specialty occupation that requires a bachelor’s degree or higher. The H-1B program is really focused on larger, more established companies.
If you’re working for a startup, they have to be a legally operating business in the United States. The H-1B visa lasts for five years and can be renewed up to six times.
L-1 Visa (Intracompany Worker)
The L-1 visa is designed for employees of international companies with offices in the United States.
For instance, an employee of a French firm can use the L-1 visa program to work at the firm’s U.S. subsidiary. It can range from 3 months to 5 years, depending on the foreign country in question.
However, even with extensions, it cannot be renewed past 7 years total. The L-1 visa also allows an accompanying spouse to apply for a work visa.
The O-1 visa is unique and challenging. It’s designed to help foreigners with extraordinary abilities in the arts, sciences, education, business, or athletics work in the United States.
Past O-1 recipients have included Nobel prize winners, Oscar recipients, and Olympic medalists. More than 60% of recipients traditionally move to California or New York, reinforcing the belief that this visa is for celebrities and superstars.
However, you don’t need to be a household name to apply. An estimated 83,000 O-1 visas were issued in 2014.
While the criteria are vague, it helps that applicants have supporting documentation demonstrating their expertise in their field, unique skills and abilities, and acclaim, recognition, and honors.
Note that there is a similar visa, the EB-1, also known as the “extraordinary ability green card”. This visa has similar requirements but is designed with permanent residency in mind.
J-1 Visa (Trainees/Exchange Students)
The J-1 visa, also known as the trainee visa, is designed for people who want to come to the United States to train rather than work.
It applies to individuals accepted into an accredited program for teaching, instructing, lecturing, studying, conducting research, consulting, or receiving training.
It’s not the ideal visa program for those looking to work. However, it’s an excellent option for those seeking valuable work experience.
Immigrant Visas for the US
These visa options are designed for individuals seeking permanent residency through employment or investment.
EB-1 Visa (Employment-Based Visa)
For people moving to the US to work on a permanent basis, the E visa category is the most common choice. With these visas, you can apply for a ‘Green Card’, also known as a Legal Permanent Residence (LPR) card.
Common employment-based visas include the EB-1, available to priority workers with exceptional knowledge in the sciences, arts, education, business, and athletics (similar to the O-1 non-resident visa).
It also includes outstanding professors and researchers. And it extends to some executives and managers of foreign companies.
EB-2 and EB-3 Visas (Employment-Based Visas For Skilled Workers)
The EB-2 visa is available to workers with a master’s or bachelor’s degree and 5 years of post-bachelor’s work experience.
The focus here is on advanced degrees and exceptional abilities that are sought by employers. This is different from the E-2 visa, a non-immigrant visa popular with entrepreneurs.
Finally, the EB-3 visa is available to skilled workers or professionals with a bachelor’s degree who are filling a role that requires a college degree.
Investor Visas in the USA – EB-5 and E-2
Not everyone who wants to do business in the United States needs a work visa. There are also options for what’s known as a financier visa.
These are programs for investors who want to explore and expand investment opportunities.
EB-5 Visa
The most common one is the EB-5 visa program, also known as the green card program. Unlike the E-2, the EB-5 requires a minimum investment.
It allows the entrepreneur (and their family) to apply for permanent residency status. It doesn’t come cheap. In fact, a recent EB-5 rule raised the requirements.
For investments in a TEA (“target employment area”), the minimum requirements were raised from $500,000 to $900,000, and for non-TEA investments, they were raised from $1 million to $1.8 million.
It is also known as the “citizenship by investment” visa. It also requires the investor to generate at least 10 full-time jobs within two years. It’s obviously not right for everyone, but it still remains an option for those with the resources to invest.
E-2 Visa
The E-2 visa is known as the investor visa. If you are a national or citizen of a treaty country and are seeking entry into the U.S. to develop and direct the operations of an enterprise you invested in, you will likely be eligible for an E-2 visa.
The most common question surrounding the E-2 is always, how much do I need to invest to get the visa? Well, there is no exact minimum requirement. It depends on the business’s value, the industry, and the type of business.
Vanessa Chiasson is an award-winning Canadian travel writer with over ten years of experience. Her work has appeared in major publications, and she draws on living in France, Ireland, England, and Malawi to bring global insight to her stories.
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