Many temporary immigration categories allow foreign nationals to engage in employment in the United States. It is generally necessary to have a specific employment offer through a U.S. employer or sponsor. The United States does not have a generic work visa for individuals who wish to come to the U.S. to find jobs. Foreign nationals mainly need to obtain a visa at a consulate abroad, based upon a petition filed by a U.S. employer. Those who are already in the United States may be able to change their statuses to employment-based categories, with appropriate employer support. Employment-based, nonimmigrant categories include, among others, H1B (specialty occupation), L1A/B (intra-company transferee), and J-1 (exchange visitors).
Requirements
- Most (but not all) require employers to obtain USCIS approval for a petition
- Limitations on the amount of time temporary workers may remain in the United States (vary by category)
- The specific requirements for each of the categories differ.
- Requirements often depend upon the type of work and level of education and/or training required.
- Refer to subsections on IMIGRUS for details on the most common worker categories
How We Can Help You
- IMIGRUS helps foreign nationals and U.S. employers assess appropriate employment-based, nonimmigrant options.
- Our attorneys provide representation in connection with the preparation and submission of employment-based petitions with the USCIS, including H1B and L-1 petitions.
- We advise individuals and employers about maintenance, change, and extension of temporary worker status and related immigration matters.