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:

1. H-1B – Specialty Occupations
For professionals with at least a bachelor’s degree (common in tech, finance, engineering). Employer sponsorship required.

2. L-1 – Intra-Company Transfer
For employees of international companies transferring to a U.S. branch (executives, managers, or specialized workers).

3. O-1 – Extraordinary Ability
For individuals with exceptional talent in sciences, arts, education, business, or athletics.

4. TN – NAFTA/USMCA
For Canadian and Mexican citizens working in specific professions under treaty agreements.

5. E-2 – Treaty Investor/Employee
For citizens of treaty countries who invest in or work for a business in the U.S.

6. E-3 – Australian Specialty Occupations
Like the H-1B, but exclusively for Australian nationals.

7. H-2A – Agricultural Workers
Seasonal or temporary farm workers.

8. H-2B – Non-Agricultural Workers
For seasonal jobs like hospitality, landscaping, and construction.

9. R-1 – Religious Workers
For ministers and religious professionals.

10. 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.

Need help figuring out which visa or green card route is right for you? Contact Shepelsky Law Group today!

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.