4 Types of Work Visas and Eligibility Requirements

Visas and Eligibility Requirements - Kazmi & Sakata Attorneys at Law

Understanding U.S. Work Visas and Their Eligibility Requirements

For many people all around the world, being able to live and work in the United States is one of their biggest dreams. As you'd expect, actually being able to do this first requires that you obtain a valid work visa, but luckily, there are a number of ways you can go about this depending on your profession and the type of work you're looking for. Still, American immigration laws can be quite tricky to understand, which is why we'll now present you with four of the most common types of U.S. work visas and what the requirements are to apply for them.

Visa for Skilled Workers

One of the more common types of visa for foreign workers in the United States, the H1-B visa is given to eligible foreign nationals with a valid job offer from an American company. Although this sounds easy, it's not always so simple, as you must be a skilled worker employed in a specialized field. There are some fields where this type of visa is readily given due to lack of qualified American employees, while in other cases, your employer may be required to prove that they've not been able to find anyone with the proper qualifications.

In order to be eligible for this type of visa, you must have an employment offer from an American company and the job must pay you above the prevailing wage for that position. The U.S. Federal Government has placed a cap on this type of visa, meaning the application process is extremely competitive. Therefore, you may have a better chance with one of these other types of visas.

L-1 Visa

If you work for a foreign entity that either has a branch in the United States or is an affiliate of an American company, an L-1 visa gives you the right to work for that American branch or affiliate. This type of visa is given both to foreign nationals who are transferred to the U.S. and to foreigners sent to the country in order to open up an American branch of their company. To be eligible for this visa, you must be able to prove that you have previously worked for the company for at least one continuous year within the past three years.

B Temporary Worker Visa

The H2-B visa is given out for workers who wish to come to the country to temporarily work in a qualified, non-agricultural industry. Temporary foreign worker visas in San Diego type of work is generally seasonal, in fields such as hospitality and tourism, such as work at theme parks, restaurants, resorts and hotels. Like the H1-B visa, there is also a cap on the number of these visas given out each year, which makes it important that you apply early.

A Agricultural Worker Visa

The H2-A visa is another type of seasonal worker visa, which is given out to those individuals who wish to work in certain agricultural fields where there is a shortage of available workers. People on this type of visa often pick fruit or perform a range of other tasks on farms and ranches. This type of visa is generally valid for up to one year, and your employer must submit a petition proving that there are not enough available American workers to fill the required positions. This type of visa is only available to people from certain countries, so it's important to check the information produced by the U.S. Department of Homeland Security to determine if you're eligible based on nationality.

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