Work

Work

As with green cards, an employer or company also has the option to file an application for a prospective employee’s work visa, which allows the foreign national to work in the United States temporarily.

The most common types of work visas are:

• H Visas
  • H-1B: The most common of the “H” visas is the H-1B, which is a type of visa available to foreign nationals who work in specialty occupations, such as (but not limited to) those in engineering or computer science. There are only 85,000 visas issued each year, with 20,000 reserved for those with a Master’s Degree, and therefore, the program has entered a “lottery” based system in recent years.
  • H-2A or H-2B: These types are visas are typically suited for seasonal or peak load temporary workers in an agricultural or non-agricultural setting.
• O & P Visas: O visas are for those with extraordinary or exceptional abilities or achievements in a specified industry. They can also be extended to those who travel or accompany the person with extraordinary ability. P visas are also for those who have exceptional ability, but more specifically to those who excel in artistic, athletic or performing arts, and are typically confined to event-based durations.
• TN: Similar to the H-1B visa, however, this type of visa is reserved for Mexican and Canadian citizens who wish to enter the United States to engage in business activities at a professional level, under the North American Free Trade Agreement.
• E1/E2: These types of visas are different than the above in that they don’t typically require for you to find a U.S. employer to sponsor you. These categories also involve treaty investors and traders who wish to come to the United States to engage in business.
  • The E1 visa is used for companies or individuals who are involved in trade with the United States outside of the country, and who want to develop substantial trade between the U.S. and the country where they maintain an appropriate treaty.
  • An E2 visa is for applicants who want to enter the U.S. to establish and develop a business enterprise in which they have or plan to invest substantial capital.