Do you want to work in the US? Legal work, with the option to bring your family along during your work period and possibly even obtain a Green Card after a few years? Even if you have investment capital or found an employer in the US, the US immigration system is complicated, and it’s difficult for the average person to understand which work visa is right for them.
There are a wide variety of work visas, each with separate criteria that must be met. It’s important to apply for the correct type of work visa, both for the type of work you wish to do and for your future plans—such as how long you wish to work in the US, whether you want to bring your spouse and children with you, and whether you might consider staying in the US as a permanent resident (Green Card holder) and become a citizen after a few years.
What Types of US Work Visas Are Available?
Some countries have the same visa type for most foreign workers – for example, the B-1 visa in Israel, with other visas (such as A-3 for religious workers or A-1 for those eligible for aliyah) being exceptions for very specific cases. Conversely, the US immigration system has a different type of visa for each category of worker, depending on the specific circumstances of your reason for arriving in the US, your qualifications, the type of employment and employer, specific terms of employment, and more. There is even a separate sub-type of dependent visa for family members accompanying each specific work visa holder.
It is essential to pay attention to the differences in visa criteria and terms, and to the question of whether the visa is on an immigration path or is a “non-immigration” visa—meaning, a visa whose validity is counted toward the time required for obtaining a Green Card in the US, versus a visa where the recipient declares that they do not intend to immigrate to the US and whose work period in the US with that visa will not count toward Green Card eligibility. There are also visas on a “dual-intent” immigration path—where the time worked in the US on these visas does not count toward US residency eligibility, but the holder can later apply for an immigration visa or a work visa with an immigration path, without being required to forfeit the current visa or stop renewing it while the immigration visa application is being processed.
Unless otherwise stated, all of the visas listed allow for a dependent visa for a legally married spouse and unmarried children under the age of 21.
H1B Visa – Temporary Worker Visa
The H1B visa is one of the most well-known work visas in the US and is perhaps the first visa you think of when it comes to startup workers, programmers, and other white-collar occupations that work legally in the US. To obtain the visa, you must have at least a bachelor’s degree (BA) and a job offer from a US employer that requires the use of skills learned during your degree or in your career path.
Because this is a particularly popular visa, the number of applications far exceeds the quota (65,000 visas per year + 20,000 limited to foreigners with a degree from a US university or college). Therefore, in addition to submitting a formal visa application, you must also win the annual lottery to obtain the visa. This is different from most of the visas on this list, which either have no quota or have a generous quota compared to the number of applications submitted annually.
This is a dual-intent visa—the initial length is 3 years, and it can be extended once for another 3 years. If you wish to stay beyond this period, you must apply for a visa on an immigration path, typically a Green Card sponsored by your employer.
A significant advantage of this visa is that it is relatively easy to switch employers within the US to another employer authorized to hire H1B visa holders, by applying to the immigration authorities. A significant disadvantage is that a spouse holding an H-4 dependent visa will likely not be authorized to work in the US.
J1 Visa – Exchange Visitor Visa
The J1 Exchange Visitor Visa is intended for exchange programs sponsored by educational or nonprofit institutions and allows Israelis to participate in research, training, and internship programs.
This visa is granted to lecturers, students, interns, au pairs, and even teachers at summer camps (particularly relevant to Israelis for Jewish summer camps).
This is a non-immigrant visa, with no dual intent. In other words, you cannot stay in the US under another immigration path without leaving the United States for a two-year period, unless you can prove that unexpected circumstances caused your desire to remain in the US, and that you did not initially intend to immigrate when you first applied.
You must complete Form DS-2019 from the relevant educational institution and pay the SEVIS fee.
The visa is valid for up to 3 years (usually less, depending on the length of the internship or training), and it is generally not extendable except in rare cases.
F1 Visa – Student Visa
As the name suggests, this visa is for students, but as explained above, interns, students in certain exchange programs, and working students are often better suited for the J1/J2 visa. Additionally, not every educational institution in the US can issue a student visa for foreign citizens—there is a designated list on the US Department of Homeland Security’s website, and if the institution inviting you is not on this list, you should investigate whether this is a mistake, a misunderstanding, or if you actually need an M visa for non-academic institutions and vocational schools.
The visa’s validity typically corresponds to the length of the academic program.
Can You Work in the US with a Student Visa?
The answer is yes. Those who move to the US for educational purposes and receive an F-1 visa (Student Visa) will, subject to meeting the visa’s conditions, be allowed to work in the US. However, such work will typically be more limited and related to the field of study.
L1 Visa – Intra-Company Transfer Visa
If your company has a branch, subsidiary, or parent company in the US, the L1 visa allows you to transfer an expert or manager from Israel (or another branch of the company) to the US to work, manage, or develop a new branch.
This is a dual-intent visa valid for a total of 5 to 7 years, allowing the visa holder to apply for US immigration without the need to forfeit their L1 visa or return to Israel.
Spouses of L1 visa holders can work in the US without restriction.
O1 Visa – Visa for Artists and Individuals with Extraordinary Ability
The “Individuals with Extraordinary Ability” visa is for a wide range of artists, researchers, athletes, and others who have received official recognition for their outstanding abilities in their field and can contribute those abilities to the US.
For example, O-1 visa holders can be Olympic athletes, award-winning comedians, and more.
When applying for the O-1 visa, it is necessary to prove that the individual has received recognition for their achievements in the field—through professional awards, high salaries, recognition from professional associations, press coverage, and more.
The visa is granted for 3 years but can be renewed annually. This is a dual-intent visa, allowing for progression to an immigration path.
Spouses and children of O1 visa holders cannot work in the US.
E1 Visa – Treaty Trader Visa
The E-1 visa is intended for employees and managers in companies that engage in “substantial” trade or business between Israel and the US. There is no need for the physical transfer of goods—banking activities, tourism organization, and similar activities can also qualify for an E1 visa, as long as the visa holder needs to conduct business in the US and can prove they were engaged in similar activities in Israel.
The visa holder’s spouse typically receives work authorization in the US. The visa is issued for a period of 52 months and can be extended indefinitely as long as the business remains active. It should be noted that this is a non-immigrant visa.
E2 Visa – Investor Visa
The E2 visa allows an investor who establishes or purchases a business in the US (with a “substantial” investment, usually at least $100,000) to manage and develop the business in the US. Additionally, this visa allows key employees and managers from Israel to operate the business. Both the investor and the Israeli employees can bring their immediate family members, and spouses can work in the US.
US Work Visa – Contact an Immigration Law Expert
Working in the US is a rare and significant opportunity for Israeli citizens. It allows for enjoying high wages, career development opportunities, and, alongside all of this, the ability to benefit from the comfortable living conditions in the US. Tens of thousands of Israelis move to the US each year for work purposes, through frameworks such as relocation, university and college studies, and more.
Those who do not hold a Green Card or US citizenship can legally immigrate to the US and work there only if they have the appropriate work visa. It is important to emphasize that working without the appropriate visa can lead to severe and undesirable consequences, the most severe of which is a black stamp in your passport, preventing entry to the US for any purpose for an extended period, and in severe cases, permanently. Therefore, it is essential to work with US immigration authorities to obtain the appropriate work visa in advance. In the following short guide, we will outline the main types of work visas and explain what is required during the work visa application process.
For any additional questions on the subject, you can contact our offices in Jerusalem and Tel Aviv, and we will be happy to assist you. Our attorneys have extensive and proven experience in handling US immigration applications for various purposes. Our firm adheres to a holistic approach to finding creative ways to help our clients achieve as many of their goals as possible and build a successful career in the US. To schedule a consultation with one of our expert US immigration lawyers, contact us here or by phone at 03-3724722.
