Knowing the difference between permanent and temporary employment-based visas is crucial for employers wanting to hire talent from abroad. Many international professionals aim to work in the United States, but the hiring process can be complex. There are many different types of employment visas, so it’s important to choose the right type based on your goals and needs.
3 temporary employment-based visas
There are a wide variety of work visas, but three types we often see used are:
- H-1B visas: This visa is popular for using skilled workers in specialized fields like technology, engineering, medicine and finance. It allows a temporary stay in the U.S. for three years (possibly extended to a maximum of six years). Companies often use it to fill positions that require specific skills not easily found in the country.
- L visas: These are for intracompany transferees, letting multinational companies temporarily move their employees to the U.S. There are two types: L-1A for managers and executives and L-1B for employees with specialized knowledge. This visa helps with knowledge transfer and maintaining operations across borders. Both are initially valid for up to three years, with the 1A potentially extended to seven years and the 1B extended to five.
- O visa: This is for people with extraordinary abilities or achievements in areas like arts, sciences, education, business, athletics or the motion picture industry. This temporary visa allows individuals to work on specific projects or events, making it a good option for those wanting to make a significant impact during their stay. It is initially valid for up to three years with one-year renewals.
5 permanent employment-based visas
Commonly leading to permanent residency (a “green card”), these visas do not have a set expiration date and grant permanent residency, meaning you can live and work in the U.S. indefinitely. However, the workers must maintain permanent resident status by not staying outside the U.S. for extended periods and complying with other residency requirements. After five years as a permanent resident, visa holders may be eligible to apply for U.S. citizenship.:
- EB-1: This is for individuals with extraordinary ability in the sciences, arts, education, business, or athletics; outstanding professors or researchers; and multinational executives and managers.
- EB-2: This is for professionals with advanced degrees or exceptional abilities. It requires a job offer and labor certification, showing that the person will contribute significantly to the U.S. economy, arts, sciences, education, or business.
- EB-3: This visa is diverse, covering skilled workers, professionals, and some unskilled workers. This visa category also requires labor certification and a job offer from a U.S. employer, ensuring the worker fills a real need in the domestic job market.
- EB-4: This is for special immigrants, including religious workers, certain international organization employees and other specific groups.
- EB-5: This is for those who invest a minimum amount in a new commercial enterprise that creates or preserves at least ten full-time jobs for qualifying U.S. workers.
Application process takes experience and planning
Whether you’re looking for temporary or permanent employment-based visas, getting legal help can help make the process faster and smoother. Attorneys are also up to date on the regular changes in the regulations involving these and other visas.
