Types of Work Visas

US Immigration Law dictates that all foreign nationals who want to work in the United States must have a visa to do so. Not all work visas are the same and the type of visa you need, and the requirements you must meet in order to qualify, vary depending on the nature of the work you intend to do and your nationality.

H1B Visas and Permanent Residency

An H1B Visa is the most sought after visa and allows professionals from all over the world to benefit the US economy by virtue of their skills, work ethic and diversity. The H1B visa is not simply available to workers who have a skill or trade, but rather only those who are included on the list of specialist occupations or vocations, and is only granted after an application H1B.

One of the reasons why the H1B green card is so popular is because it not only allows individuals to enter the US to work, but also to apply for a Green Card for permanent lawful residency. A H1b Visa may require a H1b sponsor. These visas are usually valid for a period of 6 years, and allow spouses and dependent children under 21 entry on an H4 visa. Entrants on H4 visas must apply for their own H1B visas in order to work in the US. Individuals who want to enter the USA on an H1B visa must first have a job with a sponsoring employer, who then applies for the H1B on your behalf. You cannot apply for an H1B visa of your own volition.

Temporary Employment: H2B Visa

An H2B visa allows workers to work in the USA on a temporary or seasonal basis, for periods of up to one year. These jobs are not ‘professions’ but rather include jobs such as ski instruction, hotel staff, theme park jobs, restaurant workers, cruise ship, water park and resort workers. To apply for this visa, individuals must have a job offer from an employer in the US, and must be suitable for the job. The employer then applies for the visa on the individual’s behalf. People who obtain H2B visas must return to their own countries after the job has finished, and the visa has expired. Employers are permitted to make applications to extend H2B visas for up to three years, but only in certain circumstances.

Specialized U.S. Work Visas

The TN1 visa is similar to H1B visas but is reserved for Canadian and Mexican nationals only. This means that individuals wishing to seek employment in the US from these two countries must first find a job with a US employer who can sponsor them.

E3 Visas are for Australian nationals only. They are similar to H1B visas, except they are less costly, and also allow spouses to work in the USA rather than making them apply for their own visas. A total of 10,500 visas per annum are reserved for qualifying Australian nationals, which puts them in a privileged position in comparison to citizens of other countries.

If you’re having difficulty obtaining a visa to work in the United States, contact a specialist immigration lawyer today.

• If you need legal assistance with an Immigration Problem, please consult with an Immigration Lawyer near you to discuss the details of your case. This website is for informational purposes only.