Employment Based Visas for the United States

The United States has many employment based visas for foreign workers to work in the USA on a temporary or permanent basis.

• H-1B Visa: This employment based visas category is for individuals in specialty occupations such as IT, finance, engineering, science and other fields requiring a high level of expertise.
• L-1 Employment Based Visa: This visa category is for intracompany transferees who are being transferred to a U.S. office from a foreign office of the same company.
• O-1 Visa: This employment based visas category is for individuals with extraordinary ability in the arts, sciences, education or business.
• TN Employment Based Visa: This visa category is for Canadian and Mexican citizens who are coming to the U.S. to work in a professional capacity under the CUSMA Program (formerly the North American Free Trade Agreement (NAFTA).
• E-3 Visa: This visa category is for Australian citizens who are coming to the U.S. to work in a specialty occupation.
• EB-1 Visa: This is a first preference employment based visa for individuals with extraordinary ability in the sciences, arts, education or business.
• EB-2 Visa: This is a second preference employment based visa for individuals with advanced degrees or exceptional ability.
• EB-3 Visa: This is a third preference employment based visa for skilled workers, professionals, and other workers.
• EB-5 Visa: This is a fifth preference employment-based visa for investors who invest a minimum of $900,000 in a new commercial enterprise that creates at least 10 full-time jobs for U.S. workers.

Each of these visa categories has specific requirements, and the process of obtaining one of these visas can be complex. It is recommended to consult with an immigration attorney to determine the best option for your situation.

Check Your USA Visa Eligibility

H1-B Employment Based Visa for the United States

The H-1B visa is a popular non immigrant visa category that allows U.S. employers to temporarily employ foreign workers in specialty occupations. A specialty occupation is defined as a job that requires a theoretical and practical application of highly specialized knowledge, and a minimum of a bachelor’s or higher degree in the specific specialty.

How to Obtain an H-1B visa for the United States

• The employer must offer a job to the foreign worker and submit a Labor Condition Application (LCA) to the Department of Labor (DOL) detailing the terms and conditions of employment, including the salary to be paid.
• An employer must then file a petition with U.S. Citizenship and Immigration Services (USCIS) on behalf of the foreign worker. The petition must include evidence of the foreign worker’s education and qualifications, the job offer and the Labor Condition Application made in the previous step.
• The foreign worker must hold a bachelor’s or higher in the specific specialty required for the job. Alternatively they must have relevant work experience that is equivalent to a degree in the sector.
• The foreign worker must be paid the prevailing wage for the occupation in the area of intended employment. This salary minimum is set by the United States Department of Labor.
• The foreign worker must have a valid passport and must not have any disqualifying immigration history.
• Once the petition has been filed and approved by USCIS, the foreign worker may apply for an H-1B visa at a U.S. embassy or consulate abroad. After the visa has been granted, the foreign worker may enter the United States to begin work.
• The initial period of stay in H-1B status is for three years with a possible extension for an additional three years.

L-1 Employment Based Visa for Immigration to the United States

The L-1 visa is a non immigrant visa category that allows U.S. employers to transfer executives, managers, or employees with specialized knowledge from a foreign office to a related U.S. office. The purpose of the L-1 visa is to allow multinational companies to transfer key personnel to their U.S. offices to continue their work and support the growth of the company.

Steps to Obtain an L-1 visa for the United States

• The foreign worker must have been employed with the foreign company for at least one continuous year within the three years preceding the application for the L-1 visa.
• The United States company must be a parent company, subsidiary, affiliate or branch of the foreign company and must have been doing business for at least 12 months prior to the application for an L-1 Visa being made.
• The foreign worker must be offered a job in the U.S. that is managerial or executive in nature. Alternatively it must be a job that requires a specialized knowledge related to the foreign company’s products and services.
• The U.S. company must file a petition on behalf of the foreign worker with U.S. Citizenship and Immigration Services (USCIS). The petition must include evidence of the foreign worker’s qualifications and the relationship between the foreign and U.S. companies.
• The foreign worker must have a valid passport and must not have any disqualifying immigration or criminal history.
• Once the petition has been approved by USCIS, the foreign worker may apply for an L-1 visa at a U.S. embassy or consulate abroad. After the visa has been granted the foreign worker enters the United States. The initial period of stay in L-1 status is for three years for L-1A visa holders (executives and managers) and for one year for L-1B visa holders (employees with specialized knowledge). The L-1 visa may be extended for up to an additional two years for L-1A visa holders and for up to an additional five years for L-1B visa holders.

O-1 Employment Based Visa for the USA

The O-1 visa is a non immigrant visa category that allows U.S. employers to temporarily employ foreign workers who possess extraordinary ability in business, sciences, arts, education or sport. The purpose of the O-1 visa is to allow individuals with exceptional ability to work in the United States for a period of time in their field of expertise.

Steps required to obtain an O-1 visa for the United States

• The foreign worker must have a level of expertise that is significantly above that ordinarily encountered in the field. This can be demonstrated through sustained national or international acclaim and recognition in the form of awards and recognition for achievements in their field.
• The foreign worker must have a job offer from a U.S. employer, who must file a petition with U.S. Citizenship and Immigration Services (USCIS) on behalf of the foreign worker.
• The petition must include evidence of the foreign worker’s qualifications, documentation of the foreign worker’s awards, publications and evidence of their extraordinary ability.
• The foreign worker must be coming to the United States to work in their area of extraordinary ability.
• The foreign worker must have a valid passport and must not have any adverse criminal or immigration history.
• Once the petition has been approved by USCIS the foreign worker may apply for an O-1 visa at a U.S. embassy or consulate abroad. After the visa has been granted, the foreign worker may enter the United States. The initial period of stay in O-1 status is for three years, with the possibility of extension in one-year increments.

Understanding TN Employment Based Visas for the United States

The TN visa (also known as the CUSMA Professional visa) is a type of non immigrant visa for citizens of Canada and Mexico and allows citizens of these countries to work in the United States in a professional capacity for a U.S. employer. CUSMA replaced the North American Free Trade Agreement (NAFTA).

To be eligible for a TN visa an individual must:

• Be a citizen of Canada or Mexico
• Have a job offer from a U.S. employer in a professional occupation listed in NAFTA
• Meet the educational and licensing requirements for the specific professional occupation
• Have a pre-arranged full-time or part-time job with a U.S. employer

The specific requirements for TN employment based visas are:

• Bachelors degree or higher in the specific field or equivalent work experience
• Proof of citizenship such as a passport
• Proof of pre-arranged employment in the United States
• Proof of qualifications for the specific professional occupation, such as a diploma, licenses and certificates
• Proof of the intention to return to the home country after the period of authorized stay in the United States

The process of obtaining a TN visa is:

• The U.S. employer files a Labor Condition Application (LCA) with the U.S. Department of Labor (DOL), stating that the employment of the foreign worker will not adversely affect the wages and working conditions of U.S. workers.
• The foreign worker applies for a TN visa at a U.S. embassy or consulate in their home country. They will need to provide the required documents, including proof of citizenship, proof of qualifications, proof of pre-arranged employment and proof of the intention to return to the applicants home country after the visa expires.
• The U.S. embassy or consulate will review the application and make a decision. If approved, the foreign worker will receive a TN visa which allows them to enter the United States to work for the specified U.S. employer.
• Upon arrival in the United States the foreign worker must present the TN visa and supporting documents to U.S. Customs and Border Protection (CBP) at the port of entry. The CBP officer will determine how long the applicant can stay in the United States.

The TN visa is a nonimmigrant visa and does not lead to permanent residency. The TN visa has a maximum period of stay of three years and it can be renewed as long as the foreign worker continues to meet the requirements and the U.S. employer continues to offer employment.

The TN visa is a viable option for citizens of Canada and Mexico who have a job offer from a U.S. employer in a professional occupation listed in CUSMA and meet the specific requirements for the occupation. With the right preparation and documentation the process of obtaining a TN visa can be straightforward.

Understanding the E3 Employment Based Visa for the United States

The E3 visa is a non immigrant visa specifically designed for Australian citizens who want to work in the United States in a specialty occupation. The E3 visa provides Australian citizens with the opportunity to live and work in the United States for a maximum period of two years with the option to renew the visa indefinitely in two-year increments.

Requirements to be eligible for an E3 Employment Based Visa

• Be an Australian citizen
• Have a job offer from a U.S. employer in a specialty occupation, such as an engineer or accountant
• Possess the necessary qualifications for the specialty occupation
• Have a Labor Condition Application (LCA) approved by the U.S. Department of Labor (DOL)

Specific requirements for an E3 visa

• Proof of Australian citizenship, such as a passport
• Proof of pre-arranged employment in the United States
• Proof of qualifications for the specialty occupation, such as a diploma, licenses, and certificates
• Proof of the intention to return to Australia after the period of authorized stay in the United States

Process of Obtaining an E3 visa

• The U.S. employer files a Labor Condition Application (LCA) with the U.S. Department of Labor (DOL), attesting that the employment of the foreign worker will not adversely affect the wages and working conditions of U.S. workers.
• The foreign worker applies for an E3 visa at a U.S. embassy or consulate in Australia. They will need to provide proof of citizenship, proof of qualifications, proof of pre-arranged employment and proof of the intention to return to Australia.
• The U.S. embassy or consulate will review the application and make a decision. If approved, the foreign worker will receive an E3 visa which allows them to enter the United States.
• Upon arrival in the United States the foreign worker must present the E3 visa and supporting documents to U.S. Customs and Border Protection (CBP) at the port of entry. The CBP officer will decide the length of stay in the United States.
• The E3 visa is a nonimmigrant visa, which means that it is temporary and does not lead to permanent residency. The E3 visa has a maximum period of stay of two years, and it can be renewed as long as the foreign worker continues to meet the requirements and the U.S. employer continues to offer employment.

The E3 visa is a great option for Australian citizens who have a job offer from a U.S. employer in a specialty occupation and meet the specific requirements for the occupation.

E1 Employment Based Visa for the United States

The E1 visa is a nonimmigrant visa that allows individuals from treaty countries to engage in trade between their home country and the United States. The E1 visa is available to individuals who are the principal owners or executives of a trading company that carries on substantial trade between their home country and the United States.

The E1 visa is available to individuals who are nationals of countries that have a treaty of commerce and navigation with the United States.

Countries with an E1 Treaty with the United States

• Argentina
• Australia
• Austria
• Belgium
• Bolivia
• Bosnia and Herzegovina
• Bulgaria
• Canada
• Chile
• China (Taiwan)
• Colombia
• Costa Rica
• Croatia
• Denmark
• Estonia
• Ethiopia
• Finland
• France
• Germany
• Greece
• Honduras
• Ireland
• Israel
• Italy
• Jamaica
• Japan
• Jordan
• South Korea
• Latvia
• Liberia
• Luxembourg
• Macedonia
• Mexico
• Netherlands
• Norway
• Oman
• Pakistan
• Panama
• Paraguay
• Philippines
• Poland
• Romania
• Spain
• Suriname
• Sweden
• Switzerland
• Thailand
• Togo
• Turkey
• United Kingdom

Requirements for an E1 visa to the United States

• Be a national of a country that has a treaty of commerce and navigation with the United States
• Engage in substantial trade between the home country and the United States
• Have the majority of international trade activity with the home country
• Be an executive or key employee of the company who will direct and develop the trade

Specific Requirements for an E1 Visa Application

• Nationality: The applicant must be a citizen of a country with a treaty of commerce and navigation with the United States.
• Trading Firm: The applicant must work for a trading firm that has the nationality of the treaty country, meaning that individuals with the treaty country’s nationality must own at least 50% of the company.
• Substantial International Trade: There must be a significant and ongoing volume of trade between the applicant’s country and the United States. This trade can include the exchange of goods, services, and technology.
• Principal Trade: More than 50% of the company’s international trade must be between the United States and the applicant’s country of nationality.
• Essential Skills: The applicant must be employed in a supervisory or executive capacity, or possess highly specialized skills that are crucial for the efficient operation of the company. Ordinary skilled or unskilled workers are not eligible for this visa. The applicant needs to provide a detailed explanation of why their skills are essential for the company’s operation in the United States.
• Departure: The applicant must intend to leave the United States when their E1 visa status ends.

Process of Obtaining an E1 Visa

• The company applies for an E1 visa at a U.S. embassy or consulate in the home country, providing the required documentation and evidence of the trade relationship.
• The U.S. embassy or consulate will review the application and make a decision. If approved, the individual will receive an E1 visa, which allows them to enter the United States to engage in trade.
• Upon arrival in the United States, the individual must present the E1 visa and supporting documents to U.S. Customs and Border Protection (CBP) at the port of entry. The CBP officer will determine the length of stay in the United States.

The E1 visa is a nonimmigrant visa which means that it does not lead to permanent residency. The E1 visa has a maximum period of stay of two years and it can be renewed as long as the individual continues to meet the requirements and engage in substantial trade between the home country and the United States.

Understanding the E2 Visa for the United States

The E-2 visa is a type of nonimmigrant visa that allows foreign nationals from treaty countries to enter the United States to invest in and manage a U.S. business. The E-2 visa program is designed for individuals who wish to start or purchase a business in the United States and actively manage and direct the business operations.

To be eligible for this visa, the foreign national’s country of citizenship must have a treaty of commerce and navigation or a qualifying international agreement with the US, or be designated as a qualifying country by law.

Countries eligible for the E-2 Visa

• Albania
• Argentina
• Armenia
• Australia
• Austria
• Azerbaijan
• Bahrain
• Bangladesh
• Belgium
• Bolivia
• Bosnia
• Bulgaria
• Cameroon
• Canada
• Chile
• Taiwan
• Colombia
• Costa Rica
• Croatia
• Czech Republic
• Denmark
• Egypt
• Estonia
• Ethiopia
• Finland
• France
• Georgia
• Germany
• Greece
• Grenada
• Honduras
• Ireland
• Italy
• Jamaica
• Japan
• Jordan,
• Kazakhstan
• Korea
• Kosovo
• Kuwait
• Kyrgyzstan
• Latvia
• Liberia
• Lithuania
• Luxembourg
• Macedonia
• Mexico
• Moldova
• Mongolia
• Montenegro
• Morocco
• Netherlands
• Norway
• Oman
• Pakistan
• Panama
• Paraguay
• Philippines
• Poland
• Romania
• Senegal
• Serbia,
• Singapore
• Slovakia
• Slovenia
• Spain
• Sri Lanka
• Suriname
• Sweden
• Switzerland
• Thailand
• Togo
• Trinidad
• Tobago
• Tunisia
• Turkey
• Ukraine
• United Kingdom

Key Features of the E-2 visa

• Treaty Countries: To be eligible for an E-2 visa, the foreign national must be a national of a country with which the United States has a treaty of commerce and navigation. A list of eligible countries can be found on the U.S. Department of State’s website.
• Investment: The foreign national must have invested, or be actively in the process of investing, a substantial amount of capital into a U.S. business. The exact definition of “substantial” can vary, but the investment must be significant enough to ensure the successful operation of the business.
• Active Management: The foreign national must be coming to the United States to actively manage and direct the operations of the business. The individual must play a central role in the business operations and cannot be a passive investor.
• Job Creation: The E-2 visa program is designed to encourage business investment and job creation in the United States. The foreign national’s business must create jobs for U.S. workers.
• Renewal: The E-2 visa is initially granted for a two-year period, and it can be renewed in two-year increments for as long as the individual continues to meet the requirements of the visa program.

How Long Does an E2 Visa Last?

For an E-2 Visa the business must provide sufficient income to sustain the investor and their family. For start-up enterprises this income should be achievable within five years. The initial period of stay for a qualified treaty investor is two years with the possibility of extension for increments of up to two years.

There is no limit to the number of extensions available but the visa holder must maintain their intention to depart the United States once their visa has expired or been terminated.

Terms and Conditions of E2 Status

• A treaty investor can only work in the activity for which they were approved.
• E2 Employment Based Visa holders may be accompanied or followed by spouses and unmarried children who are under 21 years of age. Their nationalities do not need to be the same as the visa holder.
• These family members may seek E-2 non-immigrant classification as dependents and, if approved will be granted the same period of stay as the investor. Spouses of E-2 workers may apply for work authorization. If they are approved there is no restriction as to where the E2 spouse may work.

EB-1 Vs EB-2 Vs EB-3 Visas for the Unites States

E1, E2, and E3 visas are non immigrant visas for foreign nationals who want to come to the United States for specific purposes. These visas are for individuals who want to engage in trade or investment activities in the United States.

E1 Visa

The E1 visa is a treaty trader visa designed for individuals who are citizens of countries that have a treaty of commerce and navigation with the United States. The treaty trader must come to the United States to engage in what is called “substantial trade” between the United States and their home country.

The E1 visa holder can stay in the United States for an indefinite period as long as they continue to engage in qualifying trade activities. Spouses and kids of the E1 visa holder are also eligible for E1 dependent visas.

E2 Visa

The E2 visa is an investor visa for individuals who have invested, or are in the process of investing, a substantial amount of capital in a new or existing business in the United States. The E2 visa holder can stay in the United States for an indefinite period as long as they continue to manage and develop their investment. The spouse and minor children of the E2 visa holder are also eligible for E2 dependent visas.

E3 Visa

The E3 visa is a specialized visa for Australian nationals who want to come to the United States to work in a specialty occupation. The E3 visa holder must have a job offer from a U.S. employer and must have the qualifications and skills required for the specialty occupation. The E3 visa is similar to the H-1B visa, but is only available to Australian nationals. The E3 visa holder can stay in the United States for a maximum of two years and the visa can be renewed indefinitely. The spouse and kids of the E3 visa holder is eligible for an E3 dependent visa.

Understanding the EB-5 Employment Based Visa for the U.S.

The EB-5 visa, also known as the Immigrant Investor Program, is a path to obtaining permanent residency in the United States. It is a popular option for foreign investors who want to live and work in the US, and also enjoy the benefits of being a permanent resident, such as being able to sponsor family members for visas and apply for citizenship.

In order to qualify for the EB-5 visa the applicant must invest a minimum of $1,050,000 in a new commercial enterprise, or $800,000 in a Targeted Employment Area (TEA).

One of the benefits of the EB-5 visa is that it provides a quicker route to permanent residency compared to other visa categories. The processing time for the EB-5 visa is 15-18 months and the applicant and their immediate family members (spouse and unmarried children under 21 years of age) are also eligible to apply for permanent residency.

In order to apply for the EB5 visa the applicant must first identify a suitable commercial enterprise to invest in. This can be a new business venture or an existing one but it must meet the requirements stipulated by USCIS. The applicant must also provide evidence of the source of the funds used for the investment and demonstrate that the funds were legally obtained.

Once the commercial enterprise has been identified and the investment has been made the applicant must file a Form I-526 (Immigrant Petition by Alien Entrepreneur) with the USCIS. The USCIS will review the application to determine if the applicant meets the eligibility requirements and whether the investment will result in the creation of the required number of jobs.

If the USCIS approves the Form I-526, the applicant can then file an application for permanent residency (Form I-485) with the USCIS. The applicant and their immediate family members can then adjust their status to permanent residency and receive their green cards.

The number of EB5 visas available each year is capped at 10,000 and a portion of this allocation is reserved for investments made in TEAs. Additionally, USCIS has strict requirements for the commercial enterprise and the investment must be at risk. This means that the investor must be in a position to lose their investment if the enterprise fails.

Employment Based Visas for the United States