How to Work in the U.S. as a Non-Citizen

Table of Contents

• How to Get a Work Permit in the United States
• Types of U.S. Work Visas
• H-1B Visa
• H-2A Visa
• H-2B Visa
• L-1A Visa
• O-1 Visa
• EB-5 Visa

Many economies in wealthy nations like the U.S. rely on foreign labor. This is the case for a variety of reasons, which include seasonal fluctuations in labor needs. Fields such as agriculture, construction, landscaping, and hospitality services experience such significant fluctuations throughout the year that it is often impossible for these industries to find enough American workers who are willing to fill these seasonal positions. In this way, temporary foreign workers provide workforce flexibility to account for these shifts.

This also supports economic stability, and helps facilitate business growth, by giving companies the resources they need to work at nearly full potential, without having to spend money during the off-season. When businesses are consistently doing well, they can then expand and open more permanent positions for American workers.

On the other end of the spectrum, another way that immigrants can help not only the economy, but the development of the country as a whole, is by filling the demand for highly specialized work roles. For example, the U.S. might want to expand a NASA program that requires very rare, specialized workers, or may develop a security operation that requires more translators for specific languages.

Some individuals may acquire temporary work visas to send money home to their families through remittances, others may participate for work experience, and some may use the opportunity as an intermediary phase while they apply for citizenship. In short, temporary work visas can help the American economy, families, and economies abroad.

How to Get a Work Permit in the United States

In order to work legally in the U.S. as a non-resident, a foreign worker must obtain a work permit. There are many different types of these permits, and in order to get one, a prospective U.S. worker not only has to meet all of the qualifications, but prove that they will not overstay. Additionally, restrictions or exemptions may apply based on the prospective worker's country of origin. The first step in getting legal permission to temporarily work in the U.S. is to determine what kind of visa is needed.

Types of U.S. Work Visas

What type of work visa a foreign worker should apply for primarily depends on what kind of work they intend to pursue. The duration of a work visa depends on the type of visa and their specific terms of employment.

H-1B Visa

H-1B visas are for specialty occupations and are usually filed by a company requesting a specific individual. These jobs usually require a certain level of education or skill, such as a teacher or an architect. The cap on how many H-1B visas are granted per government fiscal year is 65,000, with an additional 20,000 available for the Advanced Degree Exemption.

H-2A Visa

H-2A visas are for seasonal agricultural work, which accounts for much of the seasonal labor needs in the United States. Employers must jump through many hoops and abide by many regulations in order to obtain clearance to employ workers with H-2A visas, such as providing proof that they unsuccessfully attempted to hire American citizens first, and paying a fair minimum wage as determined by the government. The number of these visas that are issued is determined by need.

H-2B visa

H-2B visas are for short-term or seasonal non-agricultural work. The cap for H-2B visas within a fiscal year is 66,000. 33,000 may be issued for each half of the year. As in the case of H-2A visas, H-2B visas often will be granted to fill a need for temporary work where native workers are unable, unwilling, unqualified, or unavailable.

L-1A Visa

L-1A visas are specifically for workers in an executive or managerial position who are being transferred from a foreign branch of a company to a primary base of operations in the U.S. In the case of a foreign business which intends to open locations in the U.S., the company must provide proof that premises in the U.S. have been secured, and that their business operations will be substantial enough to necessitate a managerial or executive role (as the case may be) for oversight within one year.

O-1 Visa

There are several types of O-1 visas, but generally speaking, they are a visa for extraordinary individuals.

• O-1A: This is for those with great ability or achievement in athletics, business, science, or education.
• O-1B: This is for those with great ability or achievement in the arts or the motion picture or television industry.
• O-2: This is for those who are providing indispensable support or assistance for the endeavors of an individual with and O-1A or O-1B visa.
• O-3: This is for the spouse or children of those who have an O-1 or O-2 visa.

EB-5 Visa

EB-5 visas are for investors who intend to invest a significant sum in a new or expanding commercial enterprise. This is intended to facilitate job growth. The investor must be able to prove that their support has either resulted in substantial job growth, or prevented imminent job losses for a troubled business.