Pathways of Work Visas

The US offers several work visa options (temporary or permanent), each designed for different categories of workers.

Employers and prospective workers attempting to navigate the US work visa system must have a thorough understanding of these categories.

One of the most common work visas is the H-1B visa, specifically for skilled professionals.

H-1B Visa

A non-immigrant visa that allows US employers to temporarily hire foreign workers in specialty occupations that require theoretical or technical expertise, typically requiring at least a bachelor’s degree or equivalent.

Eligibility

To qualify for an H-1B visa, the employer and the employee must follow certain criteria, which are listed as follows:

  • Must have a U.S. bachelor’s degree or higher in a related specialty such as IT, engineering, finance, education, healthcare, and other professional fields (or foreign equivalent).
  • Alternatively, possess equivalent experience or education
  • Must offer a legitimate job in a specialty occupation.
  • Must pay the prevailing wage for the job in that geographic area.
  • Must be willing to sponsor and file the H-1B petition.

Application Process

The application process is illustrated as follows:

  • Employer Registration (Lottery Phase): The Employer registers the applicant in the H-1B lottery system via USCIS (US Citizenship and Immigration Services). It is conducted each March.
  • H-1B Lottery: Due to high demand, USCIS conducts a random lottery if registrations exceed the cap, Regular cap (65,000) and Master’s cap (U.S. advanced degrees), 20,000 additional. If selected, the employer can move forward.
  • LCA (Labor Condition Application) Filing: The employer files Form ETA-9035 with the Department of Labor (DOL). This certifies wages, working conditions, and compliance with U.S. labor laws.
  • Petition Filing (Form I-129): After the LCA is approved, Form I-129 is filed by the employer with the USCIS. The petition includes proof of the employee’s qualifications, details about the job, its specialty occupation requirements, salary information, and the employer’s ability to pay wages.
  • USCIS Decision: The USCIS reviews the petition and approves or denies it. Also, the USCIS may issue a Request for Evidence (RFE) for additional documentation.
  • Interview: After approval, the applicant may need to attend a visa interview at a US embassy/consulate.
  • Visa Stamping: When approved, enter the US with an H-1B visa starting October 1 (new fiscal year).

The H-1B visa is granted initially for 3 years, which can be further extended for an additional 3 years (total 6 years). Extensions beyond 6 years may be available if the green card process is underway or your employer files an employment-based immigrant petition.

Pros and Cons

Pros
  • Allows high-skilled workers to come to the U.S. for employment.
  • Spouses may be eligible for work authorization while in the U.S. on an H-4 visa (if the H-1B holder is in the green card process).
  • Can lead to a Green Card (EB-2/EB-3).
Cons
  • Subject to annual cap.
  • A lottery-based system, purely luck for many.
  • Processing delays and uncertainty.
  • Employer-sponsored only – no self-petitioning.

L-1 Visa

This visa allows companies to relocate executives, managers, or employees with specialized knowledge from foreign offices to their operations in the US. There are two subcategories of the L-1 visa:

  • L-1A: For executives and managers
  • L-1B: For employees with specialized knowledge

Eligibility

To qualify for an L-1 visa, one must meet specific requirements as mentioned below:

  • Must have worked for the foreign company for at least one continuous year within the past three years before applying.
  • Must be seeking to enter the US to work in an executive/managerial role (L-1A) or a role requiring specialized knowledge (L-1B).

The length of stay depends on the visa subcategory and the nature of the US office. For L-1A visa (Executives and Managers), the initial stay is for 1-3 years and can be extended in 2-year increments up to a maximum of 7 years. For L-1B visa (Specialized Knowledge Employees), the initial stay is for 1-3 years and can be extended in 2-year increments up to a maximum of 5 years.

Advantages

  • Unlike the H-1B visa, the L-1 is not subject to an annual cap or lottery system.
  • Spouses of L-1 visa holders (on an L-2 visa) are eligible to work in the US without needing to apply for a separate work permit.

O-1 Visa

This visa is a powerful tool for individuals who have achieved exceptional success in their fields, whether in science, the arts, business, education, or athletics. The O-1 visa is granted to individuals who demonstrate extraordinary ability or achievement in their field. The visa is divided into two main categories:

  • O-1A: For individuals in science, education, business, or athletics
  • O-1B: For individuals in the arts, or those in the motion picture or television industry

Eligibility

To qualify for an O-1 visa, applicants must demonstrate sustained national or international acclaim and be coming to the US to work in their area of extraordinary ability. This means that one must prove exceptional achievement demonstrated by awards of excellence, publications, or any other recognition.

Duration

  • Initial Period: Up to 3 years, depending on the duration of the event, production, or activity.
  • Extensions: In 1-year increments, as long as the individual continues working in the same role or project.

Advantages

  • No annual cap.
  • Flexibility in work arrangements.
  • Faster processing.
  • Best for people with unique skill sets.

E-3 Visa

This visa is exclusively for Australian citizens, allowing them to work in the United States in a specialty occupation. A specialty occupation is one that typically requires a bachelor’s degree or higher in a specific field, such as IT, finance, engineering, healthcare, or education.

Eligibility

  • Only Australian citizens are eligible.
  • The position must fulfill the same criteria for a specialty occupation as those required for the H-1B visa.
  • The applicant must possess the necessary academic or professional qualifications.

The duration of stay, in case of an E-3 visa, is up to 2 years and can be renewed indefinitely in 2-year increments, provided you continue to meet eligibility requirements and intend to return to Australia eventually.

Advantages

  • Exclusive to Australians.
  • Unlimited Renewals, as long as the employment and visa conditions are maintained.
  • Faster Processing.
  • No annual lottery.