The USA immigration and visa system is complex and though US visas are broadly divided into non-immigrant visas and immigrant visas, the United States offers a wealth of different routes based upon work and business. Many people will be familiar with the US Green Card, however, employment based Green Cards may be obtained in five categories, and in addition, the United States offers a range of temporary work visas and business immigration routes which in turn, may lead to permanent residency in the USA.

 1. US Work Permits – H1, H2 and L1 Visas

In almost all cases, the USA requires non-US nationals who wish to live and work in the USA for any length of time to have a pre-arranged job offer from an American firm. This requirement is waived only in some circumstance when applying for an EB-1 US Green Card. For all other US visa services whether temporary or permanent applicants must have already obtained an offer of employment from a sponsoring US company.

2. USA H1-B Visa

The H1-B visa is an employer led visa which enables an American company to source skilled employees from outside the USA. H1-B candidates may qualify with a university degree which is equivalent to a USA 4 year degree, or a combination of qualifications and work experience and will be granted a maximum period of 6 years including two extension periods. The H1-B visa permits applicants to bring their spouse and/or dependents with them who will be issued with a derivative H4, though they will need to apply for separate work authorization.

3. USA H2-B Visa

Where the H1-B visa applies only to employees in speciality occupations, the H2-B visa for working in the USA is designed for applicants who are temporarily relocating to the USA in non specialist fields. Unlike the H1-B, H2-B visas although extendable to a maximum of three years do not constitute a route towards permanent residency and candidates must return to their country of residence when their visa expires. In addition, jobs must pass a strict market labour test to ensure that hiring an overseas national will not displace a USA citizen or permanent resident.

4. USA L1A and L1B Visas

In the USA visas of this kind effectively fulfil the role of intra company transfers, allowing a US firm to bring skilled employees from overseas branches and subsidiaries to live and work in the USA. US Work Permits are divided into the L1A visa for candidates fulfilling managerial and executive roles and L1B visas for those bringing crucial experience of the company. Like an H1-B visa, L1 visas are issued as temporary visa services, but they do provide a means to live and work in America whilst applying for permanent residency. Accordingly, the spouse and dependents of a US work permit holder may enter the USA with them on an L2 visa.