top of page

Work (employment-based) Visas

Employment-based visas in the United States are designed to allow foreign nationals to work in the country legally for a specific employer or in a particular job category. These visas are typically temporary, but they can sometimes lead to permanent residency (green card) in the United States. Here's an overview of the main types of employment-based visas in the U.S.:

  1. H-1B Visa:

    • Overview: The H-1B visa is one of the most popular employment-based visas in the U.S. It is designed for foreign workers in specialty occupations, such as technology, engineering, science, and mathematics.

    • Requirements: To qualify for an H-1B visa, you need to have a job offer from a U.S. employer and possess the necessary qualifications and experience for the specific position.

    • Duration: Initially, H-1B visas are granted for up to 3 years and can be extended for another 3 years, totaling 6 years. In some cases, extensions beyond 6 years are possible.

  2. L-1 Visa:

    • Overview: The L-1 visa is for intracompany transferees. It allows multinational companies to transfer employees from their foreign offices to their U.S. offices.

    • Requirements: To qualify for an L-1 visa, you must have worked for the foreign company for at least one year and be transferring to a related position in the U.S.

  3. E Visa:

    • Overview: E visas are for treaty traders (E-1) and treaty investors (E-2) who engage in substantial trade or investment between their home country and the U.S.

    • Requirements: Eligibility for E visas depends on the specific treaty between the U.S. and your home country and the nature of your business or investment.

  4. O Visa:

    • Overview: O visas are for individuals with extraordinary ability or achievement in fields such as the arts, sciences, education, business, or athletics.

    • Requirements: To qualify for an O visa, you must demonstrate exceptional skill or expertise in your field and have a job offer or engagement in the U.S.

  5. TN Visa:

    • Overview: TN visas are for Canadian and Mexican citizens working in certain professional occupations in the U.S. under the North American Free Trade Agreement (NAFTA) provisions.

    • Requirements: You must be a Canadian or Mexican citizen and work in a profession listed under NAFTA to qualify for a TN visa.

  6. EB Visa (Employment-Based Green Card):

    • Overview: Unlike the above visas, EB visas lead to permanent residency (green cards). There are five preference categories (EB-1 to EB-5), each with specific eligibility criteria and annual quotas.

    • Requirements: EB-1 is for individuals with extraordinary ability, EB-2 for advanced degree holders or those with exceptional ability, EB-3 for skilled workers, professionals, and other workers, EB-4 for special immigrants, and EB-5 for investors.

  7. H-2B Visa:

    • Overview: The H-2B visa is for temporary non-agricultural workers, typically for seasonal jobs where employers cannot find enough U.S. workers.

    • Requirements: Employers must demonstrate that they've tried and failed to hire U.S. workers for the job.

These are some of the main employment-based visas in the United States. The specific requirements and processes for each visa category can be complex and subject to change, so it's important to consult with an immigration attorney or the U.S. Citizenship and Immigration Services (USCIS) for the most up-to-date information and guidance based on your individual circumstances.

The-Kuba-Law-Firm-PC (Primary).png




321 Broadway

New York, NY 10007

Tel : 212.732.5050 / Fax : 212.766.0049


L.S. Plaza 230, W. Route 59

Spring Valley,NY 10977

Tel : 845.356.1313


825 Veterans Memorial Hwy

Hauppauge, NY 11788

Tel : 631.581.9494

bottom of page