U.S. Employment Visas

Employment visas can raise many questions for workers and employers alike, especially when navigating U.S. visa processes for the first time. This is especially true when trying to understand the difference between temporary and permanent options.

This article will help you understand which visa fits your employment situation and how the process works. Learn about the different visa categories, eligibility rules, and the steps both workers and employers must follow.

Whether you are seeking an employment-based green card or a temporary work visa, getting expert legal help can streamline the process and help avoid snags. Contact an immigration attorney for legal guidance tailored to your career and immigration goals.

What Is an Employment Visa?

Filing the appropriate visa application requires a firm understanding of the goals of the foreign national employee and the business seeking to hire a foreign national. The unique facts of each situation will determine which visa to apply for and the necessary documentation to submit to the U.S. Citizenship and Immigration Service (USCIS).

There are two types.

Immigrant Employment Visa

Foreign nationals seeking employment in the United States get these work visas. The visa could lead to lawful permanent residency or a “green card.” Here, the foreign worker gets offered work by a U.S. employer. Employment-based immigrant visas are based on categories such as:

• Persons of extraordinary abilities in arts, science, education, business, or athletics
• Outstanding professors and researchers
• Professional talent
• Multinational executives and managers
• Investors and employment creation

See FindLaw’s How to Apply for Immigrant Status Based on Employment for an overview of the immigrant visa application process. The visas fall into five employment-based preference categories:

• EB-1: Priority Workers — Reserved for professionals working in the U.S. widely recognized for their extraordinary ability in arts, science, education, business, or athletics (i.e., Pulitzer Prize-winning author).
• EB-2: Professionals with Advanced Degrees or with Exceptional Ability — For professionals with an advanced degree, or its equivalent, and at least five years of work experience (i.e., Ph.D. working in the field for five years).
• EB-3: Skilled/Professional Workers — This category covers skilled workers, professionals, and capable unskilled workers (labor certification and a permanent, full-time job offer are required).
• EB-4: Special Immigrants — Includes religious workers, broadcasters, Iraqis who have helped the U.S., physicians, and others.
• EB-5: Immigrant Investors — People investing in a new commercial enterprise that creates or preserves at least 10 full-time jobs.

Nonimmigrant Employment Visa

Nonimmigrant visas are often valid for a limited period. These visas get issued for a specific purpose and are available for temporary workers in the United States. Some of the examples are:

• Skilled professionals (H-1B visa)
• Intra-company transfers (L-1 visa)
• Temporary agricultural workers (H-2A visa)
• TN/TD visa for Canadian and Mexican professionals under the North American Free Trade Agreement (NAFTA)
• E1/E2 visa for treaty traders and investors.

Learning about these visa categories can be complicated, but a comprehensive list of temporary work visas exists.

How Employers Sponsor Employment-Based Visas

U.S. employers are essential in sponsoring employment-based visas for foreign workers seeking opportunities in the United States. Sponsoring employment-based visas not only benefits the foreign worker beneficiary. It also creates a diverse talent pool in the United States, contributing to the growth of the U.S. workforce.

But U.S. employers and foreign workers must understand how the process works. This helps to ensure an effective, smooth, and lawful transition into the United States. It also ensures compliance with U.S. immigration and employment laws.

The following are the common steps that U.S. employers follow when sponsoring foreign employees:

1. Job offer. The foreign national must have a job offer from a qualified U.S. employer. The job offer should specify the conditions and terms of employment.

2. Labor certification. Employers should get labor certification from the U.S. Department of Labor. The certificate shows that no able, qualified, and willing workers in the United States could fill the position.

3. Submission of petition. U.S. employers should submit an Immigrant Petition for Alien Worker (Form I-140) for immigrant visas and Petition for Nonimmigrant Worker (Form I-129) for nonimmigrant visas. Submit these forms to the USCIS.

4. Approval. The foreign national can continue with the visa application process upon petition approval.

5. Visa application. The foreign worker files an application for a worker visa at the U.S. consulate or U.S. embassy in their home country.

6. Traveling to the United States. Upon issuance of an employment visa, the foreign worker can travel to the U.S. to start their new job.

The U.S. employer should also comply with all requirements. This includes verifying employee eligibility, keeping an accurate employment record, and complying with labor and wage requirements.

Employment Visa and Numerical Limitations

Every fiscal year, the U.S. Department of Homeland Security (DHS) and the Department of Labor (DOL) set a numerical limit on the number of visas. For fiscal year 2026, DHS and DOL published a temporary rule increasing the cap on H-2B nonimmigrant visas to 64,716.

The DHS may make employment visas available after consulting with the Secretary of Labor. They look at the needs of businesses in the United States. The DHS and the DOL also examine the impact on U.S. citizens and U.S. workers and the integrity of the employment-based visa program.

Proving Your Eligibility To Work in the United States

Employees applying to work in the U.S. must prove their eligibility to work in the country. They can complete Form I-19 or the Employment Eligibility Verification Form. The employer uses the form to verify the employment authorization and identity of the hired worker.

Note that employers use the form for foreign workers and U.S. employees. The U.S. employer and the employee should complete the form.

The form asks them to attest to their authority to work in the United States. They also must present documents proving their identity and work eligibility. Documents that show proof of authority to work in the United States include:

• Employment authorization identification card
• Employment visa
• Permanent residency card

The U.S. employer should examine these documents and determine if they are genuine and relate to the employee.

Moving to the U.S. With Your Family

Employment-based visas also allow your spouse and children to join you in the United States. But this may depend on the visa category given to the foreign worker. Some visas allow dependents to go with the primary visa holders into the U.S., while others may not. 

Visas for the family members are not automatic. They have to go through a separate immigration process. The dependents should still meet specific visa requirements to join their family member when traveling to the U.S. for work.

For example, if you receive an H-1B visa, your spouse and children under 21 may file for H-4 visas to accompany you to the United States. Your family members can only apply for an H-4 visa once you have an H-1B visa.

The U.S. consulate may ask you to show a copy of your H-1B visa issued by USCIS. The consular officer may also ask you to show proof of your relationship with the H-4 applicants. These documents may include a marriage certificate or birth certificate.

With an H-4 visa, the visa holder may study in the United States. But H-4 visa holders can’t work in the United States. They can only apply for work authorization if the H-1B visa holder applies for lawful permanent resident status (LPR).

An Immigration Law Attorney Can Help Secure Your Future in the U.S.

U.S. immigration rules can feel overwhelming, especially when different visa categories and employer requirements all work differently. Small mistakes or missing documents can slow your application or create setbacks. A lawyer can help you understand your options, keep up with paperwork and deadlines, and stay on track with your immigration goals.

U.S. immigration lawyers can help with several immigration-related processes, including:

• Gathering documentation for your employment visa application
• Adjustment of status
• Family-based immigration
• Preparing for your visa interview
• And more

FindLaw’s directory of immigration attorneys can get you started. Enter your city or ZIP code for a list of qualified legal professionals in your area. Your search results will also show important details about prospective lawyers, including ratings, languages spoken, and whether they offer free consultations.