Looking to work legally in the U.S.? Whether you’re coming for a short-term job or aiming for permanent residence, here’s a breakdown of the most common nonimmigrant work visas and employment-based green card categories.
🛂 Temporary (Nonimmigrant) Work Visas – Working in the U.S. for a Limited Time or Status while Awaiting Green Card
What Is a Nonimmigrant Visa? 🛂
A nonimmigrant visa lets you come to the U.S. temporarily for a specific purpose—like work, study, tourism, or medical treatment. These visas do not lead directly to a green card or permanent residency. Each visa has its own rules about how long you can stay and what you’re allowed to do while you’re here. Common examples include H-1B (for skilled workers), F-1 (for students), and B-2 (for tourists).
If you’re planning to work in the U.S. for a limited time, a nonimmigrant visa is the first step.
The following visas let you work in the U.S. for a specific employer for a limited period of time:
- H-1B – Specialty Occupations
For professionals with at least a bachelor’s degree (common in tech, finance, engineering). Employer sponsorship required. - L-1 – Intra-Company Transfer
For employees of international companies transferring to a U.S. branch (executives, managers, or specialized workers). - O-1 – Extraordinary Ability
For individuals with exceptional talent in sciences, arts, education, business, or athletics. - TN – NAFTA/USMCA
For Canadian and Mexican citizens working in specific professions under treaty agreements. - E-2 – Treaty Investor/Employee
For citizens of treaty countries who invest in or work for a business in the U.S. - E-3 – Australian Specialty Occupations
Like the H-1B, but exclusively for Australian nationals. - H-2A – Agricultural Workers
Seasonal or temporary farm workers. - H-2B – Non-Agricultural Workers
For seasonal jobs like hospitality, landscaping, and construction. - R-1 – Religious Workers
For ministers and religious professionals. - J-1 – Exchange Visitors
Covers internships, research, teaching, au pairs, and more (with possible work authorization).
🟩 Employment-Based Green Cards (Permanent Residence)
These visa/green card petitions allow you to live and work permanently in the U.S., usually with employer sponsorship:
EB-1 – Priority Workers
- Individuals of extraordinary ability (no employer needed)
- Outstanding professors or researchers
- Multinational executives and managers
If the applicant is inside the U.S., then the EB-1 category allows the applicant to file for the green card/adjustment of status concurrently with the visa petition as long as the applicant has a nonimmigrant visa or legal nonimmigrant stay status in the U.S. at the time of filing.
EB-2 – Advanced Degree Professionals / Exceptional Ability
- Requires PERM labor certification + job offer
- National Interest Waiver (NIW) option allows self-petition
The EB-2 Visas currently have a wait list for approximately 2–3 years from the process start date.
EB-3 – Skilled Workers, Professionals, and Other Workers
- Requires job offer and PERM
- Includes nurses, teachers, and skilled trades
The EB-3 Visas currently have a wait list for approximately 4.5–6 years from the process start date.
EB-4 – Special Immigrants
- Religious workers [only for Ministers now], SIJS (juveniles), international organization employees, etc.
EB-5 – Immigrant Investors
- Invest $800K–$1.05M in a U.S. business that creates 10+ jobs
The EB-5 Immigrant Investor Visa provides a conditional (2-year) green card to applicants initially, and requires filing for removal of conditions (via USCIS Form I‑829) after 2 years.
The removal of conditions for the EB-5 based green card to receive a 10-year green card requires the showing of the following to USCIS:
- The investment was sustained over the 2-year period
- The required number of 10 full-time U.S. jobs were created or will be created within a reasonable time
- The capital remained at risk and in the new commercial enterprise
- Active day-to-day management is not required if the investor is involved in policy formulation (e.g., as a limited partner)
📌 Choosing the right path depends on your qualifications, industry, and long-term goals. Working with experienced immigration attorneys like SHEPELSKY LAW GROUP can help you navigate the process efficiently.
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The information provided is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is established. For specific advice on your case, contact a qualified attorney.