Temporary Work Options:
Most U.S. businesses are eligible to sponsor employees for nonimmigrant (temporary) visas. The H-1B visa is available for employees in positions that require at least a Bachelor’s degree or its equivalent. H-1B status provides temporary work authorization for individuals from any country in specialty occupations.
The L-1 visa is an excellent option for employees of multinational organizations. L-1 visas are suitable for managers, executives, and specialized knowledge workers. Other common visas for business professionals include: TN (for Canadian and Mexican nationals), E-3 (for Australian nationals), E-1/E-2 (for certain Treaty Investors and Treaty Traders), and B-1/B-2 (for short-term business visits). Some Canadian and Mexican nationals may qualify for expedited status under USMCA (formerly NAFTA). Note: Residency status in Canada or Mexico alone does not qualify for TN eligibility.
Green Card Options:
For most business professionals, obtaining a Green Card involves a multi-step process: securing a PERM labor certification, filing an I-140 petition, and then proceeding with either Adjustment of Status or Consular Processing.
EB-2 Category: This immigrant visa classification is for positions requiring at least an advanced degree (Master’s degree or higher) or a Bachelor’s degree with five years of progressively responsible experience.
EB-3 Category: This classification applies to the following positions:
Skilled Workers: Individuals whose jobs require a minimum of two years of training or experience (excluding temporary or seasonal work). Relevant post-secondary education may be considered as training.
Professionals: Individuals whose jobs require at least a U.S. Bachelor’s degree (or the foreign equivalent) and are members of the professions.
Other Workers: Individuals performing unskilled labor that requires less than two years of training or experience, not of a temporary or seasonal nature.