There are many temporary immigration categories that allow foreign nationals to engage in employment in the United States. It is generally necessary to have a specific employment offer through a U.S. employer or sponsor. The United States does not have a generic work visa for individuals who wish to come to the U.S. to find jobs. Foreign nationals generally need to obtain a visa at a consulate abroad, based upon a petition filed by a U.S. employer. Those who are already in the United States may be able to change their statuses to employment-based categories, with appropriate employer support. Employment-based, nonimmigrant categories include, among others, H1B (specialty occupation), L1A/B (intra-company transferee) and J-1 (exchange visitors).
Most (but not all) require employer to obtain USCIS approval of a petition
Limitations on the amount of time temporary workers may remain in the United States (vary by category)
The specific requirements for each of the categories differ.
Requirements often depend upon the type of work and level of education and/or training required.
How We Can Help You
ASM Legal Professional Corporation helps foreign nationals and U.S. employers assess appropriate employment-based, nonimmigrant options.
Our attorneys provide representation in connection with the preparation and submission of employment-based petitions with the USCIS, including H1B and L-1 petitions.
We advise individuals and employers with regard to maintenance, change and extension of temporary worker status and related immigration matters.