The Ultimate Starter Guide for Working in the U.S.

If you are looking to come to the United States to work and live, there are many things that you must consider. Obtaining a work visa is one of the most common ways in which immigrants come to the U.S. for an extended stay. While there are dozens of specific types of work visas, the overarching categories are temporary and permanent work visas.

Applying for a work visa can be a long and confusing process. Even figuring out the category under which you should apply can be confusing. If you are considering coming to the United States to work, this starter guide can help guide you through which visa is right for you and how to get started with the application process.

Different Ways to Work in the U.S.

When attempting to work in the United States as a non-citizen without a green card, there are several paths you can follow depending on the specifics of your case. Things will vary significantly depending on where you are applying from, the type of work you seek, your qualifications, and if you already have a sponsor employer.

Most temporary workers outside the United States will need an employer to sponsor their application to come to the U.S. for work. However, you may be eligible to come to the U.S. as a permanent worker without a sponsor if you can demonstrate that you possess certain employment skills and knowledge.

If you are already in the United States, you may be able to apply for an adjustment of status to get your green card and consequently obtain the ability to work in the United States. Alternatively, you could be eligible to apply for an Employment Authorization Document (EAD) to allow you to work in the country.

Temporary Workers

If you are not looking to come to the United States on a permanent basis, a temporary work visa could allow you to enter the country and remain for a specified period of time as a temporary worker. Those seeking a temporary work visa must typically first find an employer to sponsor their application.

Permanent Workers

If you are looking for a means of coming to the United States and obtaining permanent residency and a green card, a permanent work visa may be your means of doing so. There are different classifications for those seeking to come to the country to work on a permanent basis.

Depending on your skill level and the field in which you work, you will fall into a different priority group. Essentially, this means that the more skilled you are and the greater the need in your field, the easier it will be to get a work visa to come to the country and obtain a green card, allowing you to remain indefinitely.

Temporary Workers and Employment

There are a wide variety of work visas available for those considering coming to the United States to live and work on a temporary basis. Below you can read more about the different options and find out which one works best for you.

CW-1: CNMI-Only Transitional Worker

If you are seeking employment in the Commonwealth of the Northern Mariana Islands (CNMI), your prospective employer can apply for permission to employ you. To be eligible to obtain employment through this visa classification, you must:

• Be ineligible to receive any other employment-based immigration status under United States immigration law
• Enter or stay in the CNMI to work in an employment field designated as needing foreign workers to supplement the local workforce
• Be the beneficiary of a petition filed by a legitimate employer doing business in the CNMI
• Not be present in the U.S. other than in the CNMI
• Be lawfully present in the CNMI if already in the country
• Be admissible to the U.S. or receive any necessary waiver for any grounds of inadmissibility

If you obtain a CW-1 work visa, it will typically be valid for a single year and may be extended up to a maximum of three years total. The CW-1 visa will allow admission up to 10 days before the validity period begins and up to 10 days after the validity period expires.

Spouses and dependents of CW-1 recipients are eligible to obtain a CW-2 visa, which will allow them to accompany the CW-1 visa holder and remain in the CNMI for the same time period.

Note: Employers of CW-1 visa holders in the CNMI must complete Form I-9 CNMI to verify the employee’s authorization to work. This form ensures compliance with employment eligibility verification requirements in the CNMI.

If you lose your CW-1 visa or it becomes damaged, you may need to apply for a Northern Mariana Card Replacement to ensure your legal status remains intact in the CNMI. While a violation of any of the terms and conditions by which the CW-1 worker is bound will result in the loss of their non-immigrant status, termination from employment will not have this effect. After losing your job, you may retain your CW-1 visa status as long as you find new employment within 30 days and your employer files a petition on your behalf.

E-1: Treaty Traders and Qualified Employees

An E-1 non-immigrant work visa allows a national of a treaty country admission to the United States for the sole purpose of engaging in international trade on their own behalf. A treaty country is any nation with which the U.S. maintains a treaty of commerce and navigation, has a qualifying international agreement, or has attained this status through legislation.

Certain employees of an E-1 trader or a qualifying organization may also be eligible for a work visa under this classification.

To obtain an E-1 visa, an applicant must meet certain requirements, including:

• Being a national of a treaty country
• Carrying on substantial trade
• Carrying on principal trade between the U.S. and the country through which the trader qualified for E-1 classification

Trade is considered substantial when it is enough to ensure a continuous flow of goods between the U.S. and the treaty country. When assessing the level of trade to determine if it qualifies as substantial, the number of transactions, the number of goods being traded, and the full value are all taken into account.

In order for trade between the U.S. and the treaty country to be considered principal trade, it must account for over 50% of the total volume of the trade conducted by the E-1 trader.

Spouses and dependents of E-1 traders and qualified employees will also be eligible to come to the United States with non-immigrant status for the duration of the E-1 visa holder’s stay.

Under an E-1 visa, a treaty trader and their qualified employees will be permitted to stay for a maximum of two years initially. Extensions of this right to stay may be granted in increments of up to two years, with no limit on the number of extensions that may be granted. However, all E-1 non-immigrants must maintain the intention to leave once their status expires.

E-2: Treaty Investors and Qualified Employees

An E-2 non-immigrant work visa allows a national of a treaty country admission to the United States when they are investing a substantial amount of money in a U.S. business. A treaty country is any nation with which the U.S. maintains a treaty of commerce and navigation, has a qualifying international agreement, or has attained this status through legislation.

Certain employees of an E-2 investor or qualifying organization may also be eligible for a work visa under this classification.

To qualify for an E-2 treaty investor visa, the applicant must:

• Be a national of a treaty country
• Have invested, or be in the process of investing, a substantial amount of money in a legitimate enterprise in the U.S.
• Have the sole intent in coming to the U.S. to develop and direct the investment enterprise

Intention to develop and direct the enterprise is shown through documents asserting that the applicant has at least 50% ownership or possession of operational control of the enterprise.

To qualify as a substantial amount of money, the investment will be judged:

• Against the total cost of purchasing an established enterprise or developing a new one
• As sufficient to ensure the E-2 investor’s commitment to the success of the enterprise
• By whether it is sufficient enough to likely ensure the treaty investor will successfully develop and direct the enterprise

For an enterprise to be considered legitimate, it must be a real, active, and operating commercial undertaking producing goods or services for profit.

Spouses and dependents of E-2 applicants may also come to the country along with the E-2 visa holder. An E-2 investor will initially be granted a maximum stay of up to two years with the potential for unlimited renewal requests of up to two years each.

E-2C: Long-Term Foreign Investors in the CNMI

Everything that applies to a standard E-2 applicant is the same for someone applying for an E-2C visa. The only difference is that the investment and, subsequently, where the E-2C visa holder will stay while in the United States will all take place in the Commonwealth of the Northern Mariana Islands.

The only other real difference is that instead of being able to apply for an extension of your investor visa indefinitely, you will only be able to apply for two-year extensions until December 31, 2029.

E-3: Certain “Specialty Occupation” Professionals From Australia

Some nationals of Australia may be eligible for an E-3 work visa. Applicants for E-3 classification must be traveling to the U.S. for the sole purpose of performing services in a specialty occupation.

The specialty occupation in which the applicant will be working must require both theoretical and practical application of specialized knowledge. Additionally, applicants must have attained a bachelor’s degree or higher in this or an equivalent specialty in order to qualify for an E-3 visa.

The specific eligibility requirements you must meet to be granted an E-3 visa include:

• Being a national of Australia
• Having a legitimate employment offer in the United States
• Possessing the required academic credentials
• Filling a position that qualifies as a specialty occupation

An E-3 visa is valid for two years and can be renewed an unlimited number of times. Spouses and children of E-3 visa holders are eligible to accompany the E-3 worker to the United States.

H-1B: Workers in a Specialty Occupation

The H-1B visa encompasses a variety of applicants, from those working in a specialty occupation from Chile and Singapore to those performing services related to the Department of Defense (DOD) cooperative research and development project to fashion models of distinguished merit and ability.

H-1B visas are generally valid for three years, with the right to apply for a single extension. Spouses and children of H-1B visa holders may accompany the H-1B holder with an H-4 visa.

H-1B1: Free Trade Agreement Workers in a Specialty Occupation From Chile and Singapore

To apply for an H-1B1 visa, applicants must be working in a field that requires both theoretical and practical application of extensive specialized knowledge.

All applicants must meet one of the following requirements:

• Possess a U.S. bachelor’s or higher degree in their specialty or its equivalent from an accredited college or university
• Possess a foreign degree equivalent to a U.S. bachelor’s or higher degree in their specialty or its equivalent from an accredited college or university
• Possess an unrestricted state license, registration, or certification authorizing you to fully practice the specialty occupation and immediately engage in the said specialty in the state where you intend to work

H-1B2: Specialty Occupations Related to Department of Defense Cooperative Research and Development Projects or Co-Production Projects

To apply for an H-1B2 visa, applicants must work in a position requiring a bachelor’s or higher degree (or its foreign equivalent). A visa petition must be accompanied by:

• A letter from the DOD project manager stating that the applicant will be working on a cooperative research and development project or coproduction project under a reciprocal agreement administered by the DOD
• A description of the general duties the applicant will perform on the project
• The specific dates the applicant will be employed on the project
• A statement with the names of all non-citizens currently employed (or whose employment ended within the last year) on the project in the U.S., along with their dates of employment

All applicants for an H-1B2 visa must possess the educational requirements necessary for the position.

H-1B3: Fashion Models of Distinguished Merit and Ability

To be eligible for this type of visa, you must be a fashion model of distinguished merit and ability, and you must be working in a position that requires a prominent fashion model.

H-2A: Temporary or Seasonal Agricultural Workers

Under the H-2A program, U.S. employers may employ foreign nationals for temporary agricultural jobs. For an employer to be eligible to hire H-2A workers, they must:

• Offer a temporary or seasonal job
• Demonstrate that they can not find enough able, willing, qualified, and available U.S. workers to perform the temporary work
• Demonstrate that the employment of these H-2A workers will not have a detrimental effect on the wages and working conditions of U.S. workers holding the same position

The length of validity for an H-2A visa will depend on the time period authorized by the temporary labor certification obtained by the employer. An H-2A visa may be extended for those who qualify, by increments of one year, up to a maximum of three years.

Spouses and unmarried children under age 21 of an H-2A visa holder are eligible for admission into the United States with an H-4 visa.

H-2B: Temporary Non-Agricultural Workers

Under the H-2B program, U.S. employers may employ foreign nationals for temporary non-agricultural jobs. For an employer to be eligible to hire H-2B workers, they must:

• Demonstrate that they can not find enough, able, willing, qualified, and available U.S. workers to perform the temporary work
• Demonstrate that the employment of these H-2B workers will not have a detrimental effect on the wages and working conditions of U.S. workers holding the same position
• Demonstrate that the need for the workers’ services is only temporary, even if the job they are applying for is not

There are several ways to show that the need is temporary, including:

• Showing that this need is a one-time occurrence brought on by a temporary situation
• Showing that the need for the worker is seasonal
• Showing that the need is intermittent and that they have not employed permanent or full-time workers for the position in the past

An H-2B visa is valid for the period of time authorized by the temporary labor certification obtained by the employer. An H-2B visa may be extended for those who qualify by increments of one year up to a maximum of three years.

Spouses and unmarried children under age 21 of an H-2B visa holder are eligible for admission into the United States with an H-4 visa.

H-3: Trainee or Special Education Exchange Visitor

Under the H-3 visa category, foreign nationals can come to the U.S. as trainees or special education exchange visitors.

A trainee is in the country to receive training in any field other than graduate medical education or training that is unavailable in the applicant’s home country. An H-3 trainee must be invited by an individual or organization for the purpose of training in a specific field. This training is not intended for U.S. employment but rather for work that will take place outside the country.

To come to the United States as an H-3 trainee, the individual or organization that invited the applicant must demonstrate that:

• The training the applicant will receive is not available in their home country
• The applicant will not be given a position in the standard operations of the company that is normally occupied by a resident worker
• The applicant will not purposely engage in productive employment
• The training will benefit the applicant in pursuing work outside the United States

A special education exchange visitor is in the country to participate in a training program providing practical training and experience with the education of children who have physical, mental, or emotional disabilities.

To come to the United States as an H-3 special education exchange visitor, a qualified facility must submit a petition on behalf of the applicant. The petition must include a description of the:

• Training the applicant will receive
• The professional staff of the facility
• Participation the applicant will undertake in the training program

To qualify as an H-3 special education exchange visitor, the applicant must show one of the following:

• That they are nearing the completion of a bachelor’s or higher degree program in special education
• That they have already earned a bachelor’s or higher degree in special education
• That they have extensive prior training and experience in teaching children with physical, mental, or emotional disabilities

H-3 visa holders can stay in the United for two years as trainees or 18 months as special education exchange visitors. Spouses and children of H-3 visa holders may accompany them with H-4 visas.

I: Representatives of Foreign Press, Radio, Film, or Other Foreign Information Media

Those who work as reporters, members of film crews, editors, and similar occupations may be able to apply for an I visa. You must prove your employment with a foreign media agency and show that you are essential to the functioning of the organization.

You may be eligible for a type I non-immigrant visa if:

• You represent a foreign information media outlet
• You are coming to the U.S. to engage solely in this profession
• You have a home office in a foreign country

In general, those with an I-type visa are permitted to remain in the country as long as they continue working for the same employer in the same medium. However, in some cases, an applicant’s Form I-94: Arrival/Departure Record will specify an end date. In this case, you can apply to extend your right to stay.

An applicant’s spouse and unmarried children are eligible to apply for a type I visa and accompany the initial application to the U.S. for the duration of their stay.

L-1A: Intracompany Transferees in Managerial or Executive Positions

With an L-1A visa, a foreign executive or manager of a U.S. employer may be transferred to a U.S. office. This visa also permits foreign companies without an affiliated U.S. office to send an executive or manager to the U.S. with the intent of establishing one.

To qualify for an L-1A visa, an employee must have been working for a qualifying employer abroad for at least one continuous year within the three years immediately preceding their admission to the United States. Additionally, they must be seeking to enter the U.S. as an executive or manager.

Those entering the U.S. with an L-1A visa to establish a new office will be permitted to remain in the country for a maximum initial stay of one year. All others entering with this visa will be permitted an initial stay of up to three years. All requests for extensions of the right to stay are granted in increments of two years up to a maximum of seven total years in the country.

Spouses and children of L-1A visa holders are eligible to apply to accompany the manager or executive by applying for an L-2 non-immigrant visa.

L-1B: Intracompany Transferees in Positions Utilizing Specialized Knowledge

An L-1B visa allows a U.S. employer to transfer an employee with specialized knowledge related to the interests of the organization from a foreign office to an office in the United States. This visa also permits foreign companies without an affiliated U.S. office to send an employee with specialized knowledge to the U.S. to establish one.

To qualify for an L-1B visa, an employee must have been working for a qualifying employer abroad for at least one continuous year within the three years immediately preceding their admission to the United States. Additionally, they must be seeking to enter the country to provide this same employer with services related to their specialized knowledge.

Those entering the U.S. with an L-1B visa to establish a new office will be permitted to remain in the country for a maximum initial stay of one year. All others entering with this visa will be permitted an initial stay of up to three years. All requests for extensions of the right to stay are granted in increments of two years up to a maximum of five total years in the country.

Spouses and children of L-1B visa holders are eligible to apply to accompany the employee by applying for an L-2 non-immigrant visa.

O-1: Persons With Extraordinary Ability in Sciences, Arts, Education, Business, or Athletics and Motion Picture or TV Production

Those who possess extraordinary ability in sciences, arts, education, business, or athletics, as well as those with a record of extraordinary achievement in the motion picture or television industry, may apply for an O-1 visa. This visa type is split between O-1A and O-1B categories.

O-1A visas are for those with extraordinary ability in sciences, education, business, or athletics, while O-1B visas are for those with extraordinary ability in arts or a record of extraordinary achievement in the motion picture or television industry. To qualify for an O-1 visa, you must be able to demonstrate that you are among the best in your given field.

The initial period of stay granted for holders of an O-1 visa is three years. This visa can be extended in one-year increments. Spouses and children of O-1 visa holders are eligible to apply for an O-3 visa to accompany the O-1 visa holder for the duration of their stay in the United States.

O-2: Persons Accompanying Solely to Assist an O-1 Non-Immigrant

To qualify as an O-2 visa holder and accompany an O-1 visa holder to the U.S., you must be able to prove that your role is integral to the performance of the O-1 visa holder. You must also demonstrate that you have a sustained working relationship with the O-1 visa holder and that your services can not be easily replaced by a U.S. worker.

P-1A: Internationally Recognized Athletes

If you are coming to the United States to participate in a specific athletic competition, you may be eligible for a P-1A visa. To qualify, you must be an internationally recognized individual athlete, a member of an internationally recognized athletic team, a professional athlete employed by a professional sports team, an amateur athlete, a coach, or a theatrical ice skater.

How long your visa will be valid depends on your particular categorization. Individual athletes will be granted a visa valid for the time needed to complete the event, competition, or performance, of up to five years. This visa can be extended in up to five-year increments, not to exceed 10 years total.

A member of an athletic group will receive a visa valid for the time needed to complete the event, competition, or performance of up to one year. Extensions will be granted in increments of up to one year. Spouses and unmarried children may accompany the P-1A visa holder by applying for a P-4 visa.

P-1B: Internationally Recognized Entertainers or Members of Internationally Recognized Entertainment Groups

If you are coming to the United States to perform as a member of an entertainment group, you may be eligible for a P-1B visa. To qualify, you or your group must be established for a minimum of one year and recognized internationally for a sustained and substantial period. At least 75% of group members must have a sustained relationship with the group for at least one year.

The initial visa granted for P-1B applicants is valid for up to one year, with extensions granted in increments of up to one year.

Spouses and unmarried children under age 21 are eligible to accompany the P-1B visa holder by applying for a P-4 visa.

P-2: Individual Performer or Part of a Group Entering to Perform Under a Reciprocal Exchange Program

Those coming to the United States to perform as an artist or entertainer under a reciprocal exchange program between a U.S. organization and one from another country. Both individual performers and members of a group may be eligible to apply.

The initial P-2 visa is granted for a term of up to one year, with extensions approved in increments of up to one year. Spouses and unmarried children under age 21 may apply to accompany the P-2 visa holder by filing for a P-4 visa.

P-3: Artists or Entertainers – Either an Individual or Group, to Perform, Teach, or Coach Under a Program That Is Culturally Unique

Artists and entertainers from culturally unique programs seeking to come to the U.S. either as individuals or members of a group for the purpose of performing, teaching, or coaching, may be eligible to apply for a P-3 visa. The purpose of travel to the country for a P-3 visa holder must be to share and develop an understanding of your art form.

These visas are initially granted for validity periods of up to one year, with extensions possible in increments of up to one year. Spouses and unmarried children under the age of 21 may apply for a P-4 visa to accompany the P-3 visa holder to the United States.

Q-1: Persons Participating in an International Cultural Exchange Program for the Purpose of Providing Practical Training, Employment, and Sharing the History, Culture, and Traditions of the Non-Citizen’s Home Country

Those seeking to participate in an international cultural exchange program approved by the Secretary of Homeland Security may be eligible to apply for a Q-1 visa. The purpose of the Q-1 visa is to facilitate the sharing of international cultures through an employment-based program.

To apply for a Q-1 visa, an applicant must be:

• 18 years of age or older
• Qualified to perform the duties required by the job for which they will be employed
• Capable of communicating about the cultural attributes of their country with U.S. citizens

The Q-1 visa is valid for a period of up to 15 months, and extensions are not possible. However, after leaving the U.S. for at least one year, you can apply to participate in the Q-1 visa program again. Spouses and children are not eligible to apply to come to the United States as family members of a Q-1 visa holder.

R-1: Religious Workers

Those coming to the United States to work as a minister or in another role within a religious organization may be eligible for an R-1 visa. People applying must be employed by one of the following:

• A non-profit religious organization in the U.S.
• A religious organization authorized to use a group tax exemption
• A non-profit organization affiliated with a religious denomination in the U.S.

To apply, you must have been a member of a qualifying religious organization for at least two years immediately preceding filing your application. This visa is granted for an initial period of up to 30 months, with extensions possible for up to 30 months more, not to exceed a total of five years.

The spouse and any unmarried children under the age of 21 of an R-1 visa holder may apply to accompany the religious worker by filing for an R-2 visa.

TN: North American Free Trade Agreement (NAFTA) Temporary Professionals From Mexico and Canada

Qualified workers from Mexico and Canada may be eligible to apply for a TN visa. This visa was created as part of the North American Free Trade Agreement (NAFTA) to strengthen the economic relationship between the U.S., Canada, and Mexico. Applicants are permitted entry to the United States for the purpose of engaging in business at a professional level.

To apply for a TN visa, potential applicants must:

• Be a citizen of Canada or Mexico
• Be a member of a profession that qualifies under the regulations (accountants, engineers, lawyers, pharmacists, scientists, and teachers)
• Be applying for a position that requires a NAFTA professional
• Have a prearranged job with a U.S. employer
• Have the qualification necessary to practice in the specified profession

An initial stay under this visa is valid for a period of up to three years. Extensions of the right to stay may be granted. Spouses or children of Canadian applicants may accompany the TN visa holder without a visa, while spouses and children of Mexican applicants can accompany the TN visa holder by applying for a TN visa of their own.

Permanent Workers and Employment

There are also options available for those who wish to come to the United States to live and work on a permanent basis. Every year, approximately 140,000 immigrant work visas are available to those wishing to come work in the United States. Visas are distributed based on five different preference categories.

Those who qualify as first preference applicants will have the easiest path to obtaining a work visa, while it could be a very long wait for those who fall into the fifth preference category.

First Preference: EB-1

First preference work visas are reserved for those with extraordinary ability, who are outstanding professors or researchers, or certain multinational executives or managers.

Extraordinary Ability

To qualify as having an extraordinary ability, you must be exceptionally skilled in sciences, arts, education, business, or athletics. Extraordinary ability can be demonstrated by presenting evidence of at least three of the following:

• Receipt of lesser nationally or internationally recognized prizes or awards for excellence
• Membership in associations in your field, which demand outstanding achievement from their members
• Published material about you in a professional or trade publication or another major media outlet
• Having been asked to judge the work of others in your field
• Original scholarly, artistic, athletic, or business-related contributions of major significance to your field
• Authorship of scholarly articles in professional or trade publications of other major media
• Having had your work displayed at artistic exhibitions or showcases
• Performance of a leading or critical role in a distinguished organization
• Commanding a high salary or other high remuneration compared to others in your field
• Commercial success in the performing arts

Alternatively, you can provide evidence of a single extraordinary achievement, such as a Nobel prize, a Pulitzer, an Oscar, or an Olympic medal.

Applicants can apply themselves by filing Form I-140: Petition for Alien Worker. The immediate family members of EB-1 visa holders may be able to apply for admission to the United States, with spouses filing for an E-14 visa and unmarried children under the age of 21 filing for an E-15 visa.

Outstanding Professor or Researcher

To qualify under this category, you must have at least three years of teaching or research in your academic area with international recognition for your achievements. Additionally, you must be coming to the U.S. with the intention of pursuing tenure or a comparable research position at a university, an institution of higher education, or a private employer.

To apply, you must also provide evidence of at least two of the following:

• Receipt of major prizes or rewards for outstanding achievement
• Membership in associations that require their members to demonstrate outstanding achievement
• Published material in a professional publication by others about your work in the field
• Participation as a judge of the work of others in your or a related field
• Original scientific or scholarly research contributions in your field
• Authorship of scholarly books or articles in your field

You must also show that you have an offer of employment from a prospective employer in the United States.

To apply under this category, your U.S. employer will need to file Form I-140: Petition for an Alien Worker. The immediate family members of EB-1 visa holders may be able to apply for admission to the United States, with spouses filing for an E-14 visa and unmarried children under the age of 21 filing for an E-15 visa.

Multinational Manager or Executive

To qualify under this category, you must have been working for the U.S. petitioning employer for at least one year in the three years preceding your application. Your petitioning employer must also intend to employ you in a managerial or executive position.

To apply under this category, your U.S. employer will need to file Form I-140: Petition for an Alien Worker. The immediate family members of EB-1 visa holders may be able to apply for admission to the United States, with spouses filing for an E-14 visa and unmarried children under the age of 21 filing for an E-15 visa.

Second Preference: EB-2

The second preference category is available to professionals holding an advanced degree or its equivalent and those who have exceptional ability.

Advanced Degree

To qualify under this category, the position you are applying for must require an advanced degree, which you must possess. Additionally, you must have five years of post-baccalaureate work experience in your field. You can demonstrate that you meet the requirements by providing your official academic record along with letters from your current or former employers.

To apply under this category, your U.S. employer will need to file Form I-140: Petition for an Alien Worker. The immediate family members of EB-2 visa holders may be able to apply for admission to the United States, with spouses filing for an E-21 visa and unmarried children under the age of 21 filing for an E-22 visa.

Exceptional Ability

To qualify for this category, you must be able to demonstrate that you have exceptional ability in the sciences, arts, or business. To qualify as exceptional ability, your skills must significantly exceed those of the average person in these fields. To qualify, you must present evidence of at least three of the following:

• An official academic record showing that you possess a degree, diploma, certificate, or similar educational document from a college, university, school, or other educational institution related to your area of exceptional ability
• Letters from current or former employers documenting 10+ years of full-time experience in your occupation
• A license or certification to practice your profession
• Commanding a salary or other remuneration for services that demonstrate your exceptional ability
• Membership in a professional association
• Recognition of your achievements and significant contributions to your field by your peers, a government entity, or a professional or business organization
• Other comparable evidence of your exceptional ability

Applicants can apply themselves by filing Form I-140: Petition for Alien Worker. The immediate family members of EB-2 visa holders may be able to apply for admission to the United States, with spouses filing for an E-21 visa and unmarried children under the age of 21 filing for an E-22 visa.

Third Preference: EB-3

The third preference category is available to skilled workers, professionals, and other unskilled workers.

Skilled Workers

Skilled workers are those with jobs that require a minimum of two years of training and experience. A skilled worker must meet all the educational, training, and experience requirements for the position they are applying for in the United States. Any relevant post-secondary education may be considered in place of training.

Applicants under this category must be applying for a position for which qualified applicants are not available in the United States and have a permanent, full-time job offer from a U.S. company.

To apply under this category, your U.S. employer will need to file Form I-140: Petition for an Alien Worker. The immediate family members of EB-3 visa holders may be able to apply for admission to the United States, with spouses filing for an E-34 visa and unmarried children under the age of 21 filing for an E-35 visa.

Professionals

A professional is a person whose job requires at least a U.S. bachelor’s degree or a foreign equivalent. Applicants must possess the required degree and be performing work for which qualified workers are not available in the United States. Additionally, you must have received an offer for permanent, full-time employment from a U.S. company.

To apply under this category, your U.S. employer will need to file Form I-140: Petition for an Alien Worker. The immediate family members of EB-3 visa holders may be able to apply for admission to the United States, with spouses filing for an E-34 visa and unmarried children under the age of 21 filing for an E-35 visa.

Other Unskilled Workers

This category is for people performing work that requires less than two years of training or experience. To qualify, you must demonstrate the ability to perform the required work, there must not be available qualified workers already in the United States, and you must meet any other requirements specified by the labor certification.

Furthermore, you must have a valid job offer for permanent, full-time employment from a U.S. company.

To apply under this category, your U.S. employer will need to file Form I-140: Petition for an Alien Worker. The immediate family members of EB-3 visa holders may be able to apply for admission to the United States with spouses filing for an E-W4 visa and unmarried children under the age of 21 filing for an E-W5 visa.

Fourth Preference: EB-4

The fourth preference category is for special immigrants. The following special immigrants can apply for a fourth preference work visa:

• Religious workers
• Special Immigrant Juveniles
• Certain broadcasters
• Certain retired officers or employees of a G-4 international organization or NATO-6 civilian employees and their family members
• Certain employees of the U.S. government who are abroad and their family members
• Members of the U.S. armed forces
• Panama Canal Company or Canal Zone government employees
• Certain physicians licensed and practicing medicine in a U.S. state as of January 9, 1978
• Afghan or Iraqi translators or interpreters
• Iraqis who were employed by or on behalf of the U.S. government
• Afghans who were employed by the U.S. government or International Security Assistance Force (ISAF)

In most cases, your employer will need to file Form I-360: Petition for Amerasian, Widow(er), or Special Immigrant in order for you to obtain an EB-4 visa. However, in some cases, you may be able to self-petition by filing Form I-360 yourself. The spouses and children of many special immigrants may also be eligible to apply for admission.

Fifth Preference: EB-5

The fifth preference category is for investors. This category is open to people who make the necessary investments in a commercial enterprise in the U.S. and plan to create or preserve 10 permanent, full-time jobs for qualified U.S. workers. Spouses and unmarried children under age 21 of an EB-5 visa holder are also eligible to apply for admission.

Get Started on Your Work Visa Application Today

Whether planning to come to the United States as a temporary or permanent worker, it is essential to file all the necessary paperwork in a timely manner. In addition to meeting all deadlines, you also need to ensure that your paperwork is filled out completely and correctly to avoid any unwanted delays.

At ImmigrationDirect, we provide you with the necessary tools to ensure that your application is filled out correctly and filed on time, to give you the best chance of getting your application approved.