U.S. Work Visas & Green Cards

The United States has one of the most complex set of immigration laws in the world, with numerous government agencies regulating different parts of the immigration process. It also changes on a regular (and oftentimes informal) basis. Because of this, clients must be represented by a competent attorney to ensure that their cases are properly filed and that all newly-implemented legal requirements have been met. Following is a brief summary of U.S. work visas for foreign professionals (i.e., a person who has a college education).

For more details on these visa categories, please refer to the white papers listed at the bottom of this page.

Standard Work Visas

Most foreign workers use one of a number of “standard” or commonly-used work visa categories; specifically:

Any nationality “Bachelors-Level” H-1B Visas
Any nationality “Masters-Level” (or “Masters-Exempt”) H-1B Visas
Singapore H-1B Visas
Chile H-1B Visas
Australian E-3 Visas
Canadian TN Visas
Mexican TN Visas

Generally speaking, all of these visa categories (other than the “Masters-Level” H1B) have the following minimum requirements:

The candidate must have at least a U.S. bachelor's degree or its equivalent; and
The position being sponsored must typically requires a candidate to have a U.S. bachelor's degree or its equivalent.

Both standards must be met. In other words, even if a candidate has a U.S. bachelor's degree, they cannot be sponsored for any of the above work visas unless the position for which they are being sponsored typically requires a candidate to have a bachelor's degree. It is also important to note that a candidate can show that they have the “equivalent” to a U.S. bachelor's degree either theough foreign education or a combination of education and work experience.

Alternatives to Commonly-Used Work Visas

There are alternative visa categories that are avaialble to foreign professionals that are not commonly utilized, but which become much more useful when the number of “bachelors-level“ and ”masters-level” H1B visas run out (which usually occurs each year).

The most commonly used “alternative” visa category used by multinational corporations and many small foreign comapnies is the L-1 intracompany transfer visa. However, even for individuals there are still options available. Specifically:

The “E-2 Nonimmigrant Investor” visa; and
The “J-1 Intern or Training” visa.

The E-2 investor visa is especially useful but under-utilized by recent college graduates because of the many misconceptions about this visa category.