Work Visas To The US

A Work Visa to the US is a document that allows foreign nationals to live and work work in the United States in a specific job, and for a specific period of time – after which they have to return to their home countries. The particular type of Work Visa to the US required for an applicant depends on various factors, such as the nature of the job, the duration of stay and the qualifications of the applicant. Most of the Work Visas to the US are “Employer-based”, which means that they can only be obtained through a specific job offer from an American employer, agent or sponsor. In this article, attorney Michael Decker elaborates on the main types of Work Visa to the US.

No. Work Visas are a part of  the non-immigrant visa track, and are meant for individuals planning to stay in the United States temporarily for specific purposes, such as tourism, business, education or temporary work assignments. Non-immigrant visas do not generally grant permanent residency or a path to citizenship. Most Work Visa types to the US allow you to bring your spouse and unmarried children less than 21 years of age to the country as dependents, and spouses are usually even granted a work authorization.

The different visas described below are all “Employer-based”, which means they can only be obtained through a specific job offer from an American employer, agent or sponsor. In this arrangement, the employer is responsible for sponsoring and supporting the visa application process on behalf of the employee, and files a petition with the US Citizenship and Immigration Services (USCIS).

USCIS often grants Work Visa to the US in order to meet skill shortages or other specific labor demands in the country. The employer has to show there are no suitable candidates locally, and justify the need for hiring a foreign worker. In some cases, before hiring workers, the employer must first apply for a temporary labor certification from the US Department of Labor. This certification is valid for 6 months and allows the employer to hire the foreign worker for a period of up to one year. The certificate verifies that there are no willing, able, and qualified American workers for the job.

If the employer’s petition is approved by USCIS, it is later sent to the National Visa Center (NVC). Once received, the NVC will issue a case number for the petition, and transfer the case to a US embassy or consulate for additional check-ups of the foreign applicant. Once the visa is granted, the employee is usually affiliated to the sponsoring employer for the duration of the visa, and changing employers may require additional visa processes.

There are several types of Work Visa to the US that allow individuals to work legally. Some of the more frequent work visas include:

• E-1 Visa for Treaty Traders: This Work Visa to the US is aimed for foreign nationals of countries who have a signed and maintained a treaty of commerce and navigation, or a qualifying international agreement with the US or which has been considered as a qualifying country by US legislation (like Israel). These non-citizens might be eligible to live and work in the US, and engage in international trade between the treaty country and the US. The Treaty Trader Visa is initially given for 52 months, and can be extended in 52 month increments, without limitation.
• E-2 Visa for Treaty Investors: This visa allows foreign citizens to live and work in the United States if they invest a substantial amount of money in a US business. Like the E-1 Visa, the E-2 visa is available only to citizens of countries with which the United States has signed and maintained a treaty of commerce and navigation, or a qualifying international agreement with the United States or which has been considered as a qualifying country by US legislation (Israeli citizens are eligible to apply for this visa since 2019). To qualify for an E-2 Visa one must invest a “substantial” amount of capital in a US business, which means a sum that is sufficient to get a business up and running. There are no strict rules regarding the amount of investment, but generally, the more one is able to invest – the more it will help to get the application approved. Treaty investors and employees will be allowed a maximum initial stay of two years. Requests for extension of stay may be granted in increments of up to two years each. There is no limit to the number of extensions an E-2 visa holder may be granted.
• H-1B Visa – Person in Specialty Occupation: In order for one to receive this visa, he/she must have an academic degree or its equivalent in work experience. It is designed for foreign workers in specialty occupations that require specialized knowledge or expertise. It is commonly used in fields such as science, technology, engineering, and mathematics (STEM). The H-1B classification has an annual cap of 65,000. An additional 20,000 petitions filed on behalf of foreign citizens with a master’s degree or higher from a US institution of higher education are exempt from the cap. Additionally, H-1B workers who are petitioned for or employed at an institution of higher education or its affiliated or related nonprofit entities, a nonprofit research organization, or a government research organization, are not subject to this numerical cap. As an H-1B visa holder, one may be admitted for a period of up to three years. This period may be extended, but generally cannot go beyond a total of six years.
• H-2A Visa – Temporary Agricultural Worker: This Visa is designed for temporary agricultural workers. It allows employers in the US agricultural industry to bring in foreign workers to fill seasonal or temporary jobs when there is a shortage of domestic workers who are able, willing, qualified and available to do the temporary work. The employer must also show that employing H-2A workers will not have a negative effect on the wages and working conditions of similarly employed US workers. H-2A petitions may only be approved for nationals of countries that the secretary of Homeland Security has designated. As of the publication date of this article (June 2023), Israel appears on this list of countries.
• H-2B visa – Temporary Non-agricultural Worker:Similar to the H2-A Visa, this visa type allows foreign employees of US employers to be hired by a US employer to fill temporary (but non-agricultural) positions. It is designed to address temporary labor shortages in industries such as tourism, landscaping, construction, and where other seasonal or peak-load needs occur. To qualify for this classification, the employer must establish that there are not enough US workers who are able, willing, qualified, and available to do the temporary work..
• H-3 visa – Trainee or Special Education Visitor: This is a nonimmigrant visa that allows foreign nationals to come to the United States to receive training or special education. There are two subcategories of H-3 visas:
• H-3 Visa for Trainee: This visa subcategory is for foreign nationals who want to receive training in any field of endeavor, other than graduate medical education or training, which is not available in their home country. The trainee must be invited by an individual or by an organization for the purpose of receiving such training. The H-3 Visa for trainee is aimed for the trainee’s future employment in the United States, and it is designed to provide a foreign national with job-related training in the US for work that will ultimately be performed outside of its borders. The trainee is not allowed be placed in a position where normally US citizens and resident workers are regularly employed. If the petition is approved, the trainee may be allowed to remain in the United States for up to 2 years.
• H-3 Visa for Special Education Visitors: This visa subcategory is for foreign nationals who want to participate in a special education exchange visitor training program that provides practical training and experience in the education of children with physical, mental, or emotional disabilities. If the trainee petition is approved for a special education exchange visitor, he/she may remain in the United States for up to 18 months. It is important to know that there is a cap of on the number this type of visa subcategory, and only 50 special education visitors may be approved in a fiscal year.
• I Visa for Representatives of Foreign Media, Press and Radio: Since the United States is one of the world super powers, it naturally attracts representatives of foreign media, press and radio who are coming to the country in order to engage in their profession. The I Work Visa to the US is usually granted for the duration of the specific media assignment or event, which can range from a few days to several years. Extensions may be possible if the work continues, up to the maximum validity of a non-immigrant visa which is 10 years.
• L-1 Visa – Intra-company Transferee: This type of visa allows multinational companies to transfer employees from their foreign offices to their US offices for the purpose of relocation. There are two subcategories for the L-1 Visa:
• L-1A for Managers or Executives: This classification enables a foreign company which does not yet have an affiliated US office to send an executive or manager to the country with the purpose of establishing such an office. To qualify for the L-1A Work Visa to the US, the manager or executive must have at least completed a full year with home-country office within the three years immediately before his/her admission to the US. Also, he/she must be seeking to enter the United States to provide service in an executive or managerial capacity for a branch of the same employer or one of its qualifying organizations. This visa subcategory is given for a period of 3 years.
• L-1B for Employees with Specialized Knowledge: This classification enables an American employer to transfer a professional employee with specialized knowledge relating to the organization’s interests from one of its affiliated foreign offices to one of its offices in the United States. This classification also enables a foreign company which does not yet have an affiliated US office to send a specialized knowledge employee to the United States to help establish one. To qualify, the employee must be working for an approved organization abroad for one continuous year within the three years immediately before his/her admission to the United States, and be seeking to enter the United States to provide services in a specialized knowledge capacity to a branch of the same employer or one of its qualifying organizations. The L-1B Work Visa to the US is given for a period of only 1 year.
• O-1 Visa for Persons with Extraordinary Abilities: This visa is aimed for individuals who can demonstrate exceptional abilities or achievements in various fields. This means that the applicant must be one of the very best in his/her field, and that their work has been recognized nationally or internationally. To demonstrate extraordinary ability, an applicant for O1 Visa must submit evidence of their achievements, such as: awards and prizes, published articles or books, critical acclaim from their peers, performances or exhibitions and professional affiliations. The initial period of stay for O-1 visa holders is up to three years, and can be extended in increments, up to one year – depending on the time they need to accomplish the initial event or activity.
• P-1A Visa for Individual or Team Athlete: This visa is for individual or team athletes and coaches who are coming to the United States temporarily to perform at an athletic competition. The P-1A visa is designed for athletes who have a high level of achievement in their sport, demonstrated by a degree of skill and recognition substantially above that ordinarily encountered. The visa is given to the athletes for the time needed to complete the event, competition, or performance. This period of time cannot exceed five years (one year for essential support personnel. This period of stay can be extended by USCIS for a total period of 10 years – in case of an individual athlete or essential support personnel, and in increments of one year – in case of an athletic group and their essential support personnel.
• P-1B Visa for members of an Internationally Recognized Entertainment Group: The P-1B Work Visa to the US allows internationally recognized entertainers to work temporarily in the United States. To be eligible for a P-1B visa, the entertainer must show the following requirements: he or she are members of an internationally recognized entertainment group that has been established for at least one year and has been internationally recognized for a substantial period of time. The initial period of stay for this type of visa is the time needed to complete the event, competition or performance – and up to one year. The visa can be extended in Increments of up to one year – to continue or complete the event, competition or performance.
• P-2 Visa for Individual Performer or Part of a Group Entering to Perform under a Reciprocal Exchange Program: This visa is aimed for individuals who are coming to the United States to perform under a reciprocal exchange program with a foreign organization. This type of visa is often used by entertainers and athletes who are coming to the United States to perform with a foreign group or team. Like the P-1B Visa, the initial period of stay for the P-2 visa is the time needed to complete the event, competition or performance – and up to one year. The visa can be extended in Increments of up to one year – to continue or complete the event, competition, or performance.
• P-3 Visa for Artist or Entertainer Coming to Be Part of a Culturally Unique Program: The P-3 Visa is specifically designed for artists or entertainers who are coming to be part of a culturally unique program. It allows individuals to temporarily enter the US to participate in culturally unique performances or events. The candidate must be coming to the country in order to participate in a cultural event or events which will further the understanding or development of his/her art form. This Visa is also valid for the time needed to complete the event, competition or performance – up to one year, and can be extended in Increments of up to one year – to continue or complete the event, competition, or performance.

The US immigration system is complex and ever-changing, so it is important to consult with an immigration lawyer if you are thinking to apply for a work visa. An experienced lawyer who knows the ins and outs of the system can help you understand the requirements for the visa you are interested in, gather the necessary documentation and file the application correctly to avoid problems.

Decker, Pex, Levi, a reputable law firm with branches in Jerusalem and Tel Aviv, specializes in US immigration laws and has a dedicated US immigration team to assist you with your Work Visa to the US application. We will be happy to be at your service and assist you in everything related to the issue. You are more than welcome to contact us using the phone number or email address listed below.

The article was written in collaboration with attorney Adam Jonsson.