As many people already know, in order for a foreigner to work in the US, that foreigner must obtain official work authorization (e.g. work visa) from the US Government prior to commencing such work. Usually, a successful work application requires a job offer from a US employer. For those interested in obtaining a work visa from the US Government, the list below provides the main visa options:
1) H Visas – These are the most common work visas, and they are usually only given to foreign workers who are offered jobs by US Employers in the following categories:
a. Holders of Bachelor’s degrees who are offered a high-skilled position in their field of expertise
b. Agricultural Farm workers
c. Certain Nurses and Fashion Models
2) L Visas – These work visas are for certain foreign workers who are transferring from their company abroad to a subsidiary/parent/affiliate/branch in the United States.
3) E-1 Treaty Trader – If the majority of the owners of a foreign company and the foreign employee who wishes to work in the US are both citizens of a country with a specific treaty with the United States, then certain workers from that company may obtain a work visa to stay in the US if there is a substantial and consistent level of trade between that country and the United States.
4) E-2 Treaty Investor – If a foreigner wishes to invest in a new company in the US, and that foreigner’s country of citizenship has a specific treaty with the United States, then such foreigner has the potential to obtain work authorization to manage the new business in the US.
5) O and P Visas – These work visas are for athletes, entertainers, and people of extraordinary ability in the arts and sciences.
The visa types listed above are the most common forms of work visas, but there are also other types such as J-1 (cultural exchange visitor), R-1 (religious worker), A visas (Diplomats), and more.
Work visas are not easy to obtain and thus using an immigration lawyer’s services are often essential.
All said and explained in this article does not constitute a legal opinion and does not replace legal advice. Responsibility for using the wordings and opinions conveyed in this article relies solely and entirely on the reader.
This article was written by Dotan Cohen Law Offices, working in the field of immigration law in the United States, Canada, Australia and England.
