USA Work Visas

Living and working in the USA is possible through a variety of US visas and immigration services. The most well known of these is what is popularly referred to as a US green card which offers permanent residency in the USA. The green card, or to give it its official title a permanent residence card may be obtained based on employment in five different categories. In addition, the USA also offers a range of non-resident visas and work permits.

At Global we help clients to live and work in the US through a work permit or green card application. To find out how Global Visas can help you, visit the online assessment area today.

US Work Permits and Intra Company Transfers - H1, H2, and L1

The US H1-B visa and the H2-B visa are US work permits, which allow American employers to bring skilled employees to live and work in the USA in order to fulfil a specific pre-arranged role. The L1 visa, sometimes referred to as an Intra Company Transfer or ICT is a specific type of US work permit, which allows an American firm to transfer existing employees from overseas branches or subsidiaries to the USA for a particular role or project.

Applying for a US H1-B Visa

The H1-B visa is an employer led initiative, which enables a non-US national to relocate to the USA for up to 6 years. In the first instance the H1-B visa is granted for three years which may be extended twice, first by 2 years, and then by a final 12 month period. However, a common practice in the US is for employers who wish to bring an employee to the US on a permanent basis to petition for an H1-B in the first instance, beyond which a candidate, once in the country may begin proceedings for an employment based US green card. The reason for this approach is that H1-B visa applications, as non-immigrant visas are significantly quicker to process than a green card application.

The main requirements for a successful application is that the US employer must have made a definite offer of employment. However, to qualify a candidate must also be entering the USA to work in a ‘speciality occupation’ and must be degree level educated (4 year US degree or equivalent) though a shorter degree and relevant work experience may suffice. The spouse or partner of an H1-B visa will be issued with an H4 visa, which allows them to join the main applicant but does not allow them to work in the USA unless they obtain separate work authorisation.

Applying for a US H2-B Visa

The H2-B applies to candidates who are not working in ‘speciality occupations’. A job offer is still a perquisite and in H2-B applications, all positions must undergo labour market testing in order to justify the US company seeking an employee from overseas. The H2-B is normally granted for a single year, which may be extended one year at a time up to a maximum of three. Unlike the H1-B these visas for working in the US do not require a candidate to be degree educated, however, they are issued as a short term employment route and will not lead to the opportunity to apply for permanent residence.

USA Intra Company Transfers - L1A and L1B

L1 Visas

L1 visas, like H1-B visas provide a non-immigrant visa route to working in the USA. L1 visas are specifically intended for overseas employees of US firms and allow companies based in the United States to transfer their employers to the USA in order to fulfil a specific role. As with almost all US work visas, a job offer must be in place and the position must be a genuine vacancy. L1 visas are granted for three years; however, they may be extended to a maximum of seven, and like H1-B visas they are frequently used as a means to entering the USA quickly, before submitting a green card application once present in the United States

L1A or L1B?

The L1A visa is issued to those employees who will be relocating to the USA in order to fulfil a managerial or senior executive role. The L1B is issued for candidates whose presence is required due to their specific knowledge of the company. In all cases, the spouse and dependents of the candidate may join them in the USA and will be issued with an L2 visa.

USA Green Cards – Immigrating to the USA

Immigrating to the US permanently based upon work or business is done through the EB visas, a series of five types of US green card application. As outlined above proceedings are often begun once a candidate is already present in the USA, however in all cases the EB green card may be submitted from outside the USA.

EB-1 Visa

EB-1 visas apply to highly skilled migrants and may be subdivided into the following three categories.

Extraordinary Ability

Candidates in this category, unlike most US work visas do not need to have a job offer in place in order to apply. The key requirement here is that applicants justify the description of “extraordinary” through evidence of their abilities. This may be through receiving a major international award, or upon a series of published work and key contributions to their field.

Outstanding Professors/Researchers

In this category, applicants must have at least 3 years of research or teaching experience and must have made outstanding contributions to their area or expertise.

Multinational Executives/Managers

This category applies to those who will be immigrating to the USA to fill a high-level managerial role. The petitioning company must have employed the individual for at least a year and the role must be of significant importance in directing a large part of the business.

EB-2 Visa

EB-2 visas may also be subdivided into three categories; however, a pre-arranged job offer is required in all cases. The EB-2(A) visa is issued to candidates with advanced degrees, the EB-2(B) visa is issued to candidates with ‘exceptional ability in business, the arts or the sciences, while EB-2(C) visas require candidates to show that their presence in the USA will substantially benefit the national interest.

EB-3 Visa

The EB-3 visa applies to arrange of candidates who can be grouped as ‘professionals’, ‘skilled workers’, and ‘other workers’. Once again, all applications must have a sponsor in place and in this tier, all job offers will need to undergo labour market testing. Candidates in the ‘professionals’ and ‘skilled workers’ categories must have relevant qualifications for the position which they will be fulfilling. No qualifications are required for candidates in the ‘other workers’ category however, it should be noted that applications in this category are likely to take a long time to be processed.

EB-4 Visa

The US EB-4 visa is a wide-ranging category, which covers different groups of non-US nationals who wish to immigrate to the USA. One of the main categories for which the EB-4 is relevant is that of religious workers; however, the category also applies to medical graduates, returning residents and former military personnel.

EB-5 Visa

The EB-5 visa is also know as the US investor visa and is specifically designed for those who wish to live in the USA based upon making a substantial investment through a new business enterprise. The EB-5, unlike the majority of US work visas does not require a prearranged job offer but candidates must be able to start or assume control of a business in the USA, invest a minimum of USD $1000,000 and create at least 10 positions of employment for US permanent residents and citizens.

Take the first step towards your US visa today, just visit the online assessment area now to set your application in motion.