The United States offers several types of employment-based visas for skilled professionals, temporary workers, executives, investors, and individuals with specialized abilities. Whether you are an employer seeking to sponsor a foreign worker or a professional looking to work in the U.S., understanding the visa options is essential.
At Alsalman Law Office, we help individuals and businesses navigate the complex employment visa process, ensuring applications are properly prepared to maximize the chances of approval.
Types of Employment-Based Visas
There are two main categories of U.S. employment visas: nonimmigrant (temporary) work visas and immigrant (permanent) work visas. Once the couple marries within the required 90-day period, the foreign spouse can apply for a green card through adjustment of status.
Nonimmigrant (Temporary) Work Visas
These visas allow foreign nationals to work in the U.S. for a specific employer and for a limited period.
H-1B Visa – Specialty Occupations
For professionals in specialized fields such as IT, engineering, finance, healthcare, and education
Requires a job offer from a U.S. employer
Employer must file a Labor Condition Application (LCA) with the Department of Labor
Subject to an annual cap, with an H-1B lottery system for selection
TN Visa – Professionals from Canada and Mexico
Available under the U.S.-Mexico-Canada Agreement (USMCA, formerly NAFTA)
For professionals in designated occupations such as engineers, scientists, accountants, and teachers
Requires a job offer from a U.S. employer but does not have an annual cap
L-1 Visa – Intracompany Transferees
For executives, managers, and employees with specialized knowledge transferring from a foreign office to a U.S. office
L-1A is for executives and managers
L-1B is for employees with specialized knowledge
Employer must have a qualifying relationship between the foreign and U.S. offices
E-2 Visa – Treaty Investor Visa
For individuals from treaty countries investing a significant amount of capital in a U.S. business
Requires active involvement in managing the business
Initial stay of two years, with unlimited extensions as long as the business is operational
O-1 Visa – Individuals with Extraordinary Ability
For individuals with extraordinary ability in sciences, arts, education, business, or athletics
Requires documented recognition of achievements and a job offer in the U.S.
O-1A is for individuals in science, education, business, or athletics
O-1B is for those in the arts or motion picture industry
Other Nonimmigrant Work Visas
H-2A Visa – Temporary agricultural workers
H-2B Visa – Temporary non-agricultural workers (hospitality, landscaping, construction, etc.)
P-1 Visa – Athletes and entertainers
R-1 Visa – Religious workers
Immigrant (Permanent) Work Visas (Green Cards)
These visas provide a pathway to permanent residency and eventually U.S. citizenship.
EB-1 Visa – Priority Workers
EB-1A: Individuals with extraordinary ability in sciences, arts, education, business, or athletics
EB-1B: Outstanding professors and researchers with international recognition
EB-1C: Multinational executives and managers transferring to a U.S. branch of their company
EB-4 Visa – Special Immigrants
Religious workers, broadcasters, employees of international organizations, and certain other categories
EB-2 Visa – Professionals with Advanced Degrees or Exceptional Ability
Requires a job offer and a labor certification (PERM), unless applying under the National Interest Waiver (NIW)
NIW allows applicants to bypass the job offer requirement if their work benefits the U.S.
EB-5 Visa – Immigrant Investor Program
For individuals investing at least $800,000 in a U.S. commercial enterprise that creates at least 10 full-time jobs
Provides a direct path to a green card for investors and their families
EB-3 Visa – Skilled Workers, Professionals, and Other Workers
Skilled workers: Jobs requiring at least two years of training or experience
Professionals: Jobs requiring a bachelor’s degree
Other workers: Unskilled positions with high labor demand
How to Apply for an Employment-Based Visa
1
Determine Eligibility and Select the Right Visa
Identify whether you need a nonimmigrant (temporary) or immigrant (permanent) work visa. — Ensure you meet the education, experience, and job offer requirements.
2
Employer Sponsorship (if required)
Most employment visas require a U.S. employer to sponsor the applicant. — Employers must file the appropriate petition with USCIS and, in some cases, obtain PERM labor certification.
3
File the Visa Petition
Employer or applicant files Form I-129 (for temporary visas) or Form I-140 (for immigrant work visas). — Some visas, such as EB-2 NIW or EB-1A, allow applicants to self-petition.
4
Attend a Visa Interview
If applying from outside the U.S., attend an interview at a U.S. consulate or embassy. — If adjusting status within the U.S., attend an interview at a USCIS office if required.
5
Receive a Decision
If approved, the applicant receives a visa or approval notice. — If denied, the applicant may appeal or reapply with stronger evidence.
6
Enter the U.S. and Begin Work
Temporary visa holders can start working immediately upon arrival. — Green card holders receive a permanent resident card and may work for any employer.
Common Challenges in Employment Visa Cases
Meeting the annual H-1B lottery cap and securing selection
Demonstrating eligibility for extraordinary ability visas such as O-1, EB-1A, and NIW
Completing the PERM labor certification process correctly
Proving the investment and job creation requirements for EB-5 visas
Addressing previous immigration violations or inadmissibility issues
At Alsalman Law Office, we work with employers and employees to ensure applications are thorough, well-documented, and meet all legal requirements.
How Alsalman Law Office Can Help with Employment Visas
Navigating U.S. employment visa laws can be complex. Our firm provides legal support to:
Assess eligibility and recommend the best visa option
Prepare and file employer-sponsored petitions with USCIS
Assist with PERM labor certification and Department of Labor requirements
Provide guidance on visa interviews and consular processing
Help individuals self-petition for visas like EB-1A and EB-2 NIW
Resolve visa denials, requests for evidence (RFEs), and appeals
Start Your Employment Visa Process Today
If you are an employer seeking to sponsor a foreign worker or an individual applying for a work visa, Alsalman Law Office is here to help. Contact us today for a consultation to explore your options.
Our goal is to help professionals and businesses navigate the employment visa process smoothly and successfully.
Disclaimer: The information on this page is for general informational purposes only and does not constitute legal advice. Immigration laws are complex and subject to change. For personalized legal guidance, consult a licensed immigration attorney.
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Alsalman Law Office PLLC
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