Employment Based Visas in
The United States: What Are They?
The United States of America; the Land of Opportunity and a place that many worldwide dreams of. As the saying goes, if you can make it here, you can make it anywhere.
Suppose you are making arrangements to relocate to the US. What documentation will you need to gain access to the country? Detailed below is a list of the various employment-based visas that are available for foreign workers moving to the US. There is also some information about them listed below, including qualifying factors and how to obtain one.
Basic Information About Employment Based Visas
Eligible foreign workers can obtain employment-based visas, which guarantees them entry into the country. There are two variations to employment-based visas: temporary, non-immigrant workers, and permanent immigrant visas.
Using the services of an immigration lawyer throughout the application process will make it easier to obtain an employment-based visa. Farmer Law and various experienced immigration law firms provide consultations and support during the entire process.
Employment Visa Variations
- Employment-Based Green Cards: These are employment-based visa options for those wanting permanent residency also. Applicants can expect three stages of preference, all with varying qualifications. EB-1 visas are granted to those with extraordinary abilities in STEM subjects, arts, and education. In contrast, EB-3 visas are available for a wide range of skilled workers and professionals. Applicants need to demonstrate how they qualify for these visas and need sponsorship from an American employer.
- H-2A Visa: This is a temporary employment-based visa and is ideal for those wanting to undertake seasonal work. This visa is typically used for agriculture work and other laborious jobs. Applicants for this visa will not need sponsorship from an employer and are easier to obtain than other temporary visas. There is no numerical cap on how many can be issued.
- H-2B Visa: Another temporary employment-based visa option, and one that does not require employer sponsorship. Often used for agricultural and seasonal work, the vast difference between the H-2A and H-2B visa is that the H-2B visa has a numerical cap per annum. Sixty-six thousand visas are issued each fiscal year. Unlike the employment-based green card options, neither of the seasonal work visas grant permanent residency.
- H-1B Visa: US employers use this type of visa to fill specialty positions within their company with foreign workers. Like that of the H-2B visa, there are numerical caps each year; sixty-five thousand new visas issued each fiscal year, with an additional twenty thousand petitions filed by those who are an exception to the cap – such as those with a master’s degree from an institution of higher education in the United States.
- TN-1 and TN-2 Visa: Applicants for these visas need to be Canadian or Mexican citizens only. Recipients of these visas can temporarily enter the US with the intention of undertaking business at a professional standard. There are specific qualifications that need to be met by both the applicant and the desired company. These visas do not offer permanent residency.