Visa Options for Foreigners Seeking Employment in the US | ALG Lawyers

Published: May 28, 2023

Around 29 million authorized and unauthorized immigrants are working or seeking employment in the United States. Estimates show that this statistic will continue to rise as US economy depends more on immigrants. Noncitizen workers positively impacts the national economy. They supplement what is lacking in the national labor force. Consequently, their presence and participation drastically improve overall productivity.

Fortunately for foreigners, working in US offers multiple pathways to success. The wage rate is competitive and opportunities for professional growth are abundant. Also, there are different options available depending on your needs and preferences. ALG Lawyers created a comprehensive guide to US employment-based visas below.

Temporary Employment

Noncitizens may choose to work temporarily within the United States. This category is best for applicants intending to work within the country within a fixed duration or for a specific contract. There are different conditions that applicants should fulfill to acquire a valid non-immigrant visa. One of the most crucial condition is that your prospective employer should petition for your employment visa with the USCIS.

Here are the non-immigrant employment visas available today:

• CW-1: CNMI-Only transitional workers
• E-1: Treaty traders and qualified employees
• E-2: Treaty investors and qualified employees
• E-2C: Long-term foreign investors in the CNMI
• E-3: Specialty occupation professionals from Australia
• H-1B: Workers in a specialty occupation
• H-1C2: Registered nurses working in a health professional shortage area as determined by the U.S. Department of Labor
• H-2A: Temporary or seasonal agricultural workers
• H-2B: Temporary non-agricultural workers
• H-3: Trainees other than medical or academic
• I: Representatives of foreign press, radio, film or other foreign information media
• L-1A: Intracompany transferees in managerial or executive positions
• L-1B: Intracompany transferees in positions utilizing specialized knowledge
• O-1: Persons with extraordinary ability in sciences, arts, education, business, or athletics and motion picture or TV production
• O-2: Persons accompanying solely to assist an O-1 nonimmigrant
• P-1A: Internationally recognized athletes
• P-1B: Internationally recognized entertainers or members of internationally recognized entertainment groups
• P-2: Individual performer or part of a group entering to perform under a reciprocal exchange program
• P-3: Artists or entertainers, either an individual or group, to perform, teach, or coach under a program that is culturally unique
• Q-1: Persons participating in an international cultural exchange program for the purpose of providing practical training, employment, and to share the history, culture, and traditions of the noncitizen’s home country
• R-1: Religious workers
• TN: North American Free Trade Agreement (NAFTA) temporary professionals from Mexico and Canada

Permanent Employment

USCIS approves up to 140,000 applicants who wish to immigrate to the US through their job skills. Immigrants workers, also known as permanent workers, may apply for an employment-based visa under one of these five categories:

First preference: EB-1 visa 

EB-1 visa or the first preference is available to the following workers:

• with extra ordinary ability
• outstanding professors and researchers
• multi-managers and executive

Establish your eligibility to through official documents and records. In addition, your employer may need to demonstrate a continuing ability to pay the offered wage as of the priority date. Applicants under this category may not need to acquire a labor certification to start working in America.

Spouses and children of EB-1 visa holders are also eligible for immigration. For children, they must be unmarried and below 21 years old.

Second preference: EB-2 visa 

The EB-2 visa or second preference covers professionals holding advanced degrees or employees with exceptional ability in the arts, sciences, or business. Applicants may establish their qualifications through official school records and recommendations from previous employers.

Generally, EB-2 visa applicants must need a labor certification to work legally within the country. However, they may apply for a national interest waiver.

The spouse and unmarried children of EB-2 visa holders may also immigrate. The children must be unmarried and below 21 years old to qualify.

Third preference: EB-3 visa 

The EB-3 visa or third preference is exclusive to:

• skilled workers
• professionals
• unskilled workers

Applicants of these three categories should acquire a valid labor certification. In addition, they should also have a permanent full-time job offer. Your employer should also demonstrate a continuing ability to pay the offered wage as of the priority date.

The spouse and children of EB-3 visa holders may also immigrate with them. However, their children should be unmarried and under 21 years old during application.

Fourth preference: EB-4 visa 

The EB-4 visa or fourth preference category is for the following individuals:

• Religious workers
• Special Immigrant Juveniles
• Qualified broadcasters
• Qualified retired officers or employees of a G-4 international organization or NATO-6 civilian employees and their family members
• Qualified employees of the U.S. government who are abroad and their family members
• Members of the US armed forces
• Panama Canal company or Canal Zone government employees
• Qualified physicians licensed and practicing medicine in a U.S. state as of Jan. 9, 1978
• S immigrants

Some EB-4 visa holders may be allowed to immigrate with their spouse and children. Consult with an immigration attorney to clarify on this matter.

Fifth preference: EB-5 visa 

The EB-5 visa or fifth preference is available for business investors. They should invest a specific amount in a new commercial enterprise that employs at least 10 full-time US workers.

EB-5 investors may establish one of the following new commercial enterprises:

• Sole proprietorship
• Limited or general partnership
• Holding company and its wholly owned subsidiaries
• Joint venture
• Corporation
• Business trust
• Limited liability company
• Other entity, which may be publicly or privately owned

Starting March 15, 2022, the minimum investment amount is $1,050,000. If you intend to invest in Targeted Employment Area, the minimum amount is only $800,000, which is already inclusive of infrastructure projects.

Expert Immigration Assistance While Working in the US

Finding and maintaining a job in America is a challenge on its own. Having someone reliable to handle your legal matters could help make your immigration a smoother process. ALG Lawyers has a team of experienced immigration lawyers and staff to support you.

Our immigration lawyers have over 20 years of field experience. Besides employment-based visas, we worked with different visa categories. Throughout the years, we continuously improved our services to match the everchanging needs of immigrants. As our client, we assure you that we will work closely on your case and respond to your queries as soon as possible. Let us know your availability so we can setup our initiatory meeting.