Employment-Based Visas

Work in the United States with an Employment Visa

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. Immigration laws and policies are constantly evolving, so it's essential to consult an experienced immigration attorney for the most up-to-date guidance.

Nonimmigrant v.s. Immigrant Work Visas

Foreign nationals seeking U.S. employment typically apply for either nonimmigrant or immigrant work visas, depending on their goals and eligibility.

Nonimmigrant Work Visas (e.g., H-1B, L-1, O-1, TN) are temporary and issued for a fixed period. Some, like H-1B and L-1, allow "dual intent," meaning holders can apply for a Green Card without jeopardizing their visa status. Most require employer sponsorship and have specific extension rules.
Immigrant Work Visas (e.g., EB-1, EB-2, EB-3) lead to permanent residency (Green Card). Most require employer sponsorship, but some (like EB-1A and EB-2 NIW) allow self-petitioning for highly skilled professionals.

Choosing the right visa depends on your qualifications, job type, and long-term immigration goals.

Non-Immigrant Work Visas

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
Dual intent visa, allowing holders to apply for a Green Card while maintaining H-1B status

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
Dual intent visa, permitting Green Card applications without affecting L-1 status

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
Not a dual intent visa, but allows for longer-term stay through extensions

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
Not a dual intent visa, requiring strong ties to home country to maintain status

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
Not a dual intent visa, but renewals can be indefinite if investment conditions are met

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 Work Visas

These employment-based immigrant visas provide a pathway to permanent residency (Green Card) and, eventually, U.S. citizenship for eligible applicants.

EB-1 Visa – Priority Workers

EB-1A: Individuals with extraordinary ability in sciences, arts, education, business, or athletics (self-petition allowed, no job offer required)
EB-1B: Outstanding professors and researchers with at least three years of experience and international recognition (job offer required)
EB-1C: Multinational executives and managers transferring to a U.S. branch, subsidiary, or affiliate of their employer (job offer required)

EB-2 Visa – Professionals with Advanced Degrees or Exceptional Ability

Requires a job offer and PERM labor certification, unless applying under the National Interest Waiver (NIW)
EB-2 NIW allows applicants to bypass the job offer and PERM requirement if their work has substantial merit and national importance

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 U.S. bachelor's degree or foreign equivalent
Other workers: Jobs requiring less than two years of training or experience (typically unskilled positions with labor shortages)
Job offer and PERM labor certification required for all categories

EB-4 Visa – Special Immigrants

For specific groups, including:

Religious workers
Broadcasters
Employees of international organizations and NATO
Certain Afghan and Iraqi nationals who worked for or on behalf of the U.S. government
Other specialized categories

EB-5 Visa – Immigrant Investor Program

Requires an investment of at least $1,050,000, or $800,000 in a Targeted Employment Area (TEA) (rural or high-unemployment area)
Must create or preserve at least 10 full-time jobs for U.S. workers
Provides a direct path to a Green Card for the investor, spouse, and unmarried children under 21

How Alsalman Law Office Can Help with Employment Visas

Navigating U.S. employment visa laws can be challenging. Our firm provides personalized legal support to:

Evaluate eligibility and recommend the most suitable visa option
Assist employers and individuals in preparing and filing petitions
Guide businesses through PERM labor certification and compliance with labor regulations
Offer support for visa interviews and consular processing
Help qualified individuals self-petition for visas like EB-1A and EB-2 NIW
Address challenges such as visa denials, RFEs, and appeals

Our goal is to simplify the process and help you achieve your immigration objectives with confidence.

Contact us today for a consultation to explore your options.

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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