How can I get a work visa in order to legally come and work in the United States?

There are many ways to qualify for a work visa to enter, live and work in the United States. Some of the available options include coming as a Temporary Non-immigrant Worker, coming as a Permanent Immigrant Worker, coming to the United States as a Student and Exchange Visitor, or coming as a Temporary Visitor for Business.

What is an EB worker visa and how can I apply for it?

The EB visa category is for Employment-Based Immigrant Workers and offers several subcategories based on qualifications. EB-1 is for priority workers like individuals with extraordinary ability, outstanding professors, or multinational executives. EB-2 is for professionals with advanced degrees or exceptional abilities, and EB-3 is for skilled workers, professionals, or unskilled workers. To apply, an employer typically needs to file a petition on your behalf, and in some cases, a labor certification may be required.

Who qualifies for an R visa and how can I apply?

An R visa is for Religious Workers who wish to temporarily work in the U.S. in a religious capacity. To qualify, you must be a member of a recognized religious denomination that has a non-profit religious organization in the United States. You must also have been a member of this denomination for at least two years. The organization will need to file a petition for you, and you must demonstrate that the work is related to your religious vocation or occupation.

What is a TN visa and who is eligible?

A TN visa is available under the United States-Mexico-Canada Agreement (USMCA) for Canadian and Mexican professionals. This visa allows individuals in certain professions, such as lawyers, engineers, and scientists, to work in the U.S. For Canadians, a TN visa can be applied for directly at the border or a port of entry, while Mexicans need to apply through a U.S. consulate or embassy before entry. The applicant must have an offer of employment in one of the eligible professions.

How does the TN visa for Mexican citizens differ from that of Canadians?

For Mexican citizens, the process to obtain a TN visa is slightly different. While Canadian citizens can apply for a TN visa at the border, Mexican citizens must first obtain the visa through a U.S. consulate or embassy. The requirements in terms of eligible professions and qualifications remain the same, but the application process has an additional consular step for Mexican nationals.

Can I apply for an H-1B visa if I have a degree from outside the United States?

Yes, you can apply for an H-1B visa even if you have a degree from a foreign country. The key requirement is that your degree must be equivalent to a U.S. bachelor’s degree or higher in a specialized field. You will need to submit your educational credentials for an equivalency evaluation, which verifies that your foreign education meets the U.S. degree requirements for the H-1B category.

What is an L-1 visa and who qualifies for it?

An L-1 visa is for Intracompany Transferees who work in a managerial, executive, or specialized knowledge role. This visa allows a company with offices in both the U.S. and abroad to transfer employees from one of its international offices to a U.S. location. To qualify, you must have worked for the company outside the U.S. for at least one year within the last three years before applying.

Can a J-1 visa be used for work purposes?

Yes, a J-1 visa is typically for Exchange Visitors, but some programs allow for work-based opportunities, such as internships, trainee programs, or summer work travel. The program sponsor must provide permission for employment, and the work experience must be related to the visitor’s field of study or specialization.

Are there visas specifically for seasonal or temporary work?

Yes, there are several visas specifically for seasonal or temporary work. The H-2A visa is for agricultural workers, allowing them to work temporarily in the U.S. for seasonal agricultural work, while the H-2B visa is for non-agricultural temporary workers. Employers must demonstrate a temporary or seasonal need and obtain certification from the Department of Labor before hiring foreign workers under these programs.

Can I work while studying in the United States with an F-1 visa?

Yes, under certain conditions, an F-1 visa (for academic students) allows you to work in the U.S. as a student. You may engage in On-Campus Employment for up to 20 hours a week during school sessions or Off-Campus Employment after your first year through programs like Curricular Practical Training (CPT) or Optional Practical Training (OPT), which allow work related to your field of study.