Work Permits

Working legally in the U.S. without a green card

Sometimes, you can work in the U.S. temporarily without a green card. Below are the most common work permits granted to foreign workers. Two other kinds of visas, “Extraordinary Ability” and “Media Representatives” are covered in detail in other sections. In some cases they can lead toward getting a green card; in others, they are only temporary permits.

Employer-Sponsored Work Permits (H-1B)

This visa allows U.S. employers to temporarily hire foreign works with specialized skills or knowledge who work in “specialty occupations.”

Most people in this category have special computer or medical skills. In order to prove you meet the requirements, you will need to get a certificate from the Department of Labor (DOL).

What's a specialty occupation?
A specialty occupation requires:

• Theoretical and practical knowledge in a highly specialized field
• A bachelor degree or higher in that field

How do you apply?
Like many work permits, you must be sponsored by a U.S. company before you can apply. Unlike most petitions, this visa first requires the employer to get an approved Labor Condition Application. After this application is approved, the sponsoring company files a petition with the USCIS.

Once the petition is approved, you can apply for an H-1B visa at your U.S. consulate or embassy. Of course, you 'll have to prove you are qualified and have the required educational background.

How long is the visa valid?
This visa is usually good for three years, but may be extended once for another three years. An H-1B can potentially lead to a green card.

Can I bring my spouse and children?
Yes, but they need to enter on an H-4 visa.

Intra-Company Transfers to a U.S. Office (L-1 Visa)

This visa applies to employees of an international company who are being transferred to a U.S. division. It also allows foreign companies to set up a new branch in the U.S.

Which companies can transfer employees to the U.S. ?
Under immigration law, the company applying for a petition must be a parent company, branch, subsidiary or affiliate. In addition, both the foreign and the U.S. operations must be in business the entire time the employee is working in the U.S.

Which employees can be transferred to the U.S. ?
The L-1 visa applies only to “key personnel” This means you're an:

• Executive
• Manager
• Worker with specialized knowledge

Also, you must have been employed with the company in one of these positions for at least a year before the transfer, and you must also continue to work in one of these areas while in the U.S.

How long can I stay in the U.S. ?
How long you can stay depends on the position you hold.

• Executives and Managers (L-1A): can stay in the U.S. for up to seven years.
• Specialized Knowledge Employees (L-1B): can stay for up to five years.

Note : While all L-1 employees can potentially get a green card, the U.S. government has different preferences for L-1A and the L-1B visa holders.

How to obtain an L-1 Visa?
The company files a petition with USCIS. Once the petition is approved, you can apply for the appropriate L-1 visa at your U.S. consulate or embassy.

 

Can I bring my family with me?
Yes, but spouses and children enter using L-2 visas. Once in the U.S. , spouses can apply for work permits.