Temporary Work Visas
| Visa | Who it is for | Key features |
|---|---|---|
| H-1B | Specialty occupations requiring at least a bachelor's degree or equivalent | Annual cap of 65,000 plus 20,000 for U.S. advanced-degree holders; selected by lottery for capped employers; up to 6 years in most cases; dual intent allowed |
| L-1A / L-1B | Managers/executives (L-1A) and specialized-knowledge employees (L-1B) transferring within a multinational company | Must have worked for the related foreign company for 1 continuous year in the prior 3; no annual cap |
| O-1 | People with extraordinary ability in sciences, arts, education, business, athletics, or film and TV | Requires sustained national or international acclaim; no cap |
| TN | Canadian and Mexican citizens in listed professions under the USMCA | Renewable in up to 3-year periods |
| E-2 | Investors from treaty countries directing a substantial investment in a U.S. business | Renewable as long as the business qualifies |
| H-2A / H-2B | Temporary agricultural and non-agricultural seasonal workers | Requires a temporary labor certification |
H-1B rules are set by statute, including the numerical cap in 8 U.S.C. § 1184(g). Employers must file a Labor Condition Application with the Department of Labor promising to pay at least the prevailing wage, then file Form I-129 with USCIS.
Permanent Employment-Based Green Cards
The employment-based immigrant categories are defined in 8 U.S.C. § 1153(b):
| Category | Who qualifies | Labor certification needed? |
|---|---|---|
| EB-1 | Extraordinary ability, outstanding professors and researchers, multinational managers and executives | No |
| EB-2 | Advanced-degree professionals or people with exceptional ability | Usually yes, unless granted a national interest waiver (NIW) |
| EB-3 | Skilled workers, professionals, and other workers | Yes |
| EB-4 | Special immigrants, such as religious workers and certain international organization employees | No |
| EB-5 | Investors who invest the required amount in a new commercial enterprise that creates at least 10 full-time U.S. jobs | No |
About 140,000 employment-based immigrant visas are available each year. Each country is limited to about 7% of the total, which creates long backlogs for applicants born in high-demand countries such as India and China.
The Typical Employer-Sponsored Green Card Process
- PERM labor certification: The employer tests the U.S. labor market through required recruitment and files with the Department of Labor to show there are no able, willing, qualified, and available U.S. workers for the job at the prevailing wage.
- Form I-140: The employer files an immigrant petition with USCIS.
- Priority date: The worker waits until their priority date is current in the State Department's Visa Bulletin.
- Adjustment or consular processing: The worker files Form I-485 inside the U.S. or completes processing at a consulate abroad.
Workers with pending adjustment applications can usually apply for work and travel permits while they wait, and those whose I-485 has been pending for 180 days may be able to change to a similar job under "portability" rules.
Self-Petitioning Options
Some highly qualified people can apply without an employer sponsor:
- EB-1A extraordinary ability
- EB-2 National Interest Waiver, for people whose work has substantial merit and national importance
Practical Tips
- Start early: H-1B registration happens once a year, and green card backlogs can be long.
- Keep your nonimmigrant status valid while a green card case is pending.
- Track deadlines for extensions and changes of employer.
- Employers should keep public access files and follow wage rules for H-1B workers.
- Use an experienced immigration attorney for PERM and complex cases.
