Work Visas Explained: From H-1B to L-1 and Everything In-Between

Work Visas Explained: From H-1B to L-1 and Everything In-Between

What Is a U.S. Work Visa?

• Nonimmigrant Work Visas – Temporary visas that allow individuals to work in the U.S. for a set period before returning home.

• Immigrant Work Visas – Employment-based green cards that allow individuals to live and work in the U.S. permanently.

Nonimmigrant Work Visas (Temporary Work Visas)

1. H-1B Visa (Specialty Occupations)

• Who is it for? Highly skilled professionals with at least a bachelor's degree in a specialized field (e.g., IT, engineering, finance, healthcare).

• Key Requirements:
• U.S. employer sponsorship
• Job must require specialized knowledge
• Bachelor’s degree or higher in a relevant field

• Validity: Initial 3 years, extendable to 6 years

• Annual Cap: 85,000 visas per year (with 20,000 reserved for those with U.S. master’s degrees)

• Dual Intent: Can lead to a green card

2. L-1 Visa (Intra-Company Transfers)

• Who is it for? Employees of multinational companies transferring to a U.S. branch.

• Key Requirements:
• Employee must have worked for the company abroad for at least one year
• Must be coming to the U.S. to work in an executive, managerial, or specialized knowledge role

• Validity:
• L-1A (Executives/Managers) – 1-year initial stay (new office) or 3 years (existing office), extendable up to 7 years
• L-1B (Specialized Knowledge) – Up to 5 years

• Dual Intent: Can transition to a green card

3. O-1 Visa (Extraordinary Ability)

• Who is it for? Individuals with extraordinary ability in science, arts, education, business, or athletics.

• Key Requirements:
• Evidence of national or international acclaim (e.g., awards, published work, media recognition)
• Job offer from a U.S. employer

• Validity: Initial 3 years, extendable in 1-year increments

• Dual Intent: Can lead to a green card

4. TN Visa (Canada & Mexico - NAFTA/USMCA)

• Who is it for? Canadian and Mexican professionals working in certain occupations under NAFTA/USMCA.

• Key Requirements:
• Must work in a qualifying profession (e.g., accountants, engineers, teachers, scientists)
• Job offer from a U.S. employer

• Validity: 3 years, renewable indefinitely

• Dual Intent: No direct green card path

5. E-2 Visa (Investor Visa)

• Who is it for? Entrepreneurs from treaty countries investing in a U.S. business.

• Key Requirements:
• Significant investment in a U.S. business
• Business must be active and create jobs

• Validity: Depends on country of origin (can be renewed indefinitely)

• Dual Intent: No direct green card path

6. H-2A & H-2B Visas (Temporary & Seasonal Workers)

• H-2A (Agricultural Workers): For seasonal farm workers.

• H-2B (Non-Agricultural Workers): For temporary jobs in industries like hospitality, construction, and landscaping.

• Key Requirements:
• Employer must prove a shortage of U.S. workers
• Job must be seasonal, peak-load, or temporary

• Validity: Up to 1 year, extendable to 3 years

7. P Visa (Athletes & Entertainers)

• Who is it for? Athletes, entertainers, and artists performing in the U.S.

• Key Requirements:
• Internationally recognized achievements
• A U.S. sponsor (employer or agent)

• Validity:
• P-1 (Athletes/Entertainers) – 5 years, extendable to 10 years
• P-2 (Reciprocal Exchange Program) – Time of event duration
• P-3 (Culturally Unique Performers) – 1 year, extendable

Immigrant Work Visas (Employment-Based Green Cards)

1. EB-1 Visa (Priority Workers)

• Who is it for?
• Individuals with extraordinary ability in arts, sciences, business, or athletics
• Outstanding professors or researchers
• Multinational executives/managers

• Key Benefits: No labor certification required

• Green Card Eligibility: Yes

2. EB-2 Visa (Advanced Degree Holders & Exceptional Ability)

• Who is it for?
• Individuals with a U.S. master’s degree (or higher) or equivalent
• Those with exceptional ability in business, science, or arts
• National Interest Waiver (NIW) applicants

• Key Benefits: Can self-petition (NIW cases)

• Green Card Eligibility: Yes

3. EB-3 Visa (Skilled Workers & Professionals)

• Who is it for?
• Skilled workers (jobs requiring at least 2 years of training/experience)
• Professionals (jobs requiring a bachelor’s degree)
• Other workers (unskilled labor)

• Key Requirements: Employer sponsorship & labor certification

• Green Card Eligibility: Yes

4. EB-4 Visa (Special Immigrants)

• Who is it for? Religious workers, broadcasters, U.S. government employees, and other special categories.

• Green Card Eligibility: Yes

5. EB-5 Visa (Investor Green Card)

• Who is it for? Investors willing to put at least $800,000 in a U.S. business that creates jobs.

• Key Requirements:
• Investment in a commercial enterprise
• Must create at least 10 full-time jobs for U.S. workers

• Green Card Eligibility: Yes

Choosing the Right Work Visa

Final Thoughts