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Work Visa to the USA: Everything You Need to Know

OVERVIEW OF USA WORK VISA CATEGORIES & APPLICATION PROCESS

Navigating the U.S. work visa process can be complex and confusing, especially with the variety of visa types, eligibility requirements, and legal formalities involved. This guide is built to simplify that journey. We’ve distilled everything you need to know from visa categories and their purposes to step-by-step application insights, into a structured, accessible format. Beyond just information, we also offer personalized support to help you apply for the right U.S. work visa with confidence. From document preparation to legal guidance, our services are tailored to move you forward.

HOW WORK VISAS IN THE USA ARE CLASSIFIED

U.S. work visas are broadly classified into:

1. Temporary Work Visas (Non-immigrant): For individuals planning to work in the U.S. for a fixed period under a specific employer.

2. Permanent Work Visas (Immigrant or Green Cards): For individuals seeking long-term employment and residency in the U.S.

CHOOSING THE RIGHT WORK VISAS

A. For Skilled Professionals & Corporate Roles

  • H-1B Visa – Specialty Occupations
    For professionals in fields such as IT, finance, healthcare, and more. Requires a bachelor’s degree or equivalent. Valid for 3 years, extendable up to 6 years.

  • L-1A/L-1B Visa – Intra-company Transfers
    For executives, managers, or employees with specialized knowledge being transferred within the same company. The L-1A visa is valid for up to 7 years, while the L-1B visa is valid for up to 5 years.

  • E-3 Visa – Australian Professionals
    For Australian nationals in specialty occupations. Requires a bachelor’s degree. Valid for 2 years, with the option to renew.

  • TN Visa – Canadian and Mexican Professionals
    Allows eligible professionals under NAFTA/USMCA to work in the U.S. in designated fields. Valid for 3 years and renewable.

B. For Investors & Entrepreneurs

  • E-2 Visa – Treaty Investors
    For individuals from treaty countries investing substantial capital in a U.S. business. Valid for 2 years, with unlimited renewals.

  • EB-5 Visa – Immigrant Investors
    For individuals investing between $800K and $1.05M in a U.S. enterprise that creates at least 10 full-time jobs. This visa leads to permanent residency.

C. For Seasonal or Low-Skilled Jobs

  • H-2B Visa – Temporary Non-Agricultural Workers
    For workers in sectors such as hospitality, tourism, landscaping, and related industries. Valid for up to 1 year, extendable up to 3 years.

  • H-2A Visa – Agricultural Workers
    For seasonal agricultural jobs with U.S. employers. Typically valid for up to 1 year.

D. For Talent and Achievement

  • O-1 Visa – Individuals with Extraordinary Ability
    For experts in sciences, arts, education, or sports with nationally or internationally recognized achievements. Valid for 3 years, with the option to renew.

  • R-1 Visa – Religious Workers
    For individuals working with non-profit religious organizations. Valid for up to 30 months, extendable.

E. For Permanent Residency (Green Cards)

  • EB-1 Visa – Extraordinary Ability, Outstanding Professors/Researchers, Executives
    No labor certification required. Provides a fast-track path to a green card.

  • EB-2 Visa – Advanced Degree or Exceptional Ability
    Requires labor certification or a National Interest Waiver (NIW).

  • EB-3 Visa – Skilled, Professional & Other Workers
    For individuals with a bachelor’s degree or 2+ years of experience. Labor certification required.

  • EB-4 Visa – Special Immigrants
    Includes religious workers, foreign service employees, and other specific categories.

USA WORK VISA REQUIREMENTS 

From the Employee:

  • A valid job offer from a U.S. employer
  • A valid passport and educational/professional documents
  • Resume/CV

From the Employer:

  • Federal Tax ID Number
  • Detailed job description, title, and offered salary
  • Labor Condition Application (if required)
  • Form I-129 submitted to USCIS

USA WORK VISAS APPLICATION PROCESS

To start the application process for a work visa in the USA, the employer has to file a petition for every foreign employee who requires an H-1B visa. Followed by this, the application process is as follows:

  • For filing a petition, the employer has to include the information related to the job, which consists of the date of employment and the duties associated with the position.
  • The employers will analyze and determine the prevailing wage and the actual wage for the position. Know about the prevailing wage by filing a form with the State Employment Security Agency in the US. After that, you can compare the actual wage with the wage given to other workers in the same position holding the same experience level. Your company must pay the higher of the two wages after comparison.
  • Now, the employer has to file a Labor Certification Application. After signing this, your company agrees to pay the determined wage and provide all the services similar to the other employees.
  • Once the US Department of Labor approves the LCA, the company will get a certified copy of the LCA. You will be required to post a notice at your workplace about your application for the LCA.
  • The employer will have to lodge the petition with the US citizenship and Immigration Services (USCIS). You will get a receipt along with a reference number and the estimated processing time.
  • Once USCIS approves the petition, you will receive an official notice (Form I-797). Now the employee is eligible to start working for your company.

FREQUENTLY ASKED QUESTIONS

A Labor Condition Application (LCA) is an employer-filed document that ensures the visa holder will be paid at the same rate as U.S. employees in similar roles, in compliance with wage standards.
An Employment Petition is a formal request submitted by an employer to USCIS, seeking approval to sponsor a foreign worker for a U.S. work visa.
People who have a US non-immigrant visa cannot start working unless they have a work permit. This work permit is also known as the Employment Authorization Document (EAD). A person needs to apply for it immediately after getting approval on their work visa for the USA.
People with a dependent visa are not eligible to work in the US. If the dependent wants to work in the country, they have to find an employer willing to sponsor them for a work visa in the US.
Yes, if you hold a work visa like the H-1B, L-1, or O-1, you can apply for a green card through the Employment-Based (EB) categories. The process typically involves your employer filing a petition, obtaining labor certification (if required), and meeting specific eligibility criteria. Once approved, you can transition from temporary work status to permanent residency.