What You Should Know About Working in the US

Working in the US as a noncitizen necessitates getting a U.S. work visa or applying for a USA work permit. A Work Visa is a stamp on your passport that signifies your lawful status to be employed in the United States and grants you the right to enter and reenter the country as long as your visa remains valid. A Work Permit is a document that authorizes your legal employment as a dependent of a lawful nonimmigrant or as a Green Card applicant in the US.  

You generally need to have a U.S. sponsoring employer to get a job in the USA as a foreign worker. Your US employer will have to file a petition on your behalf before you can apply for a USA work visa. Depending on the work visa you are eligible for, you can either be employed temporarily as a nonimmigrant worker or permanently as an immigrant worker in the United States after your application has been approved. 

Our guide includes the all information you need to know about the types of USA work visas you can apply for as a foreign worker. We have helped numerous foreign workers gain a USA Green Card and permanent employment in the United States through investment immigration. 

How to Work in the US?

As a non-US citizen, you generally need work authorization to be able to work in the US. Authorization to work in USA is gained through U.S. visa application or US work permit application. 

A USA Work Visa is a stamp on your passport that is either nonimmigrant or immigrant in classification. Nonimmigrant work visas allow foreign workers to be employed in the United States for a specified period of time. Immigrant work visas are for foreign workers who have the right skills, qualifications, training, education, and work experience to be granted the right to work and live permanently in the USA.

A U.S. Work Permit is a document issued by the U.S. Citizenship and Immigration Services (USCIS) that denotes a foreigner’s right to work in USA legally and also serves as an identification card. A Work Permit USA (Employment Authorization Document) is typically obtained by foreign nationals in the United States who are applying for permanent residence or are dependents of non-US citizens who are on lawful nonimmigrant visas in the US. 

Who is Eligible to Work in the US?

You are eligible to work in the US if you qualify for an employment-sponsored immigrant visa, a temporary work visa, a student visa, or an exchange visitor visa. Certain qualified dependents, such as spouses, of lawful nonimmigrants in the U.S. are also eligible for US work authorization.

We have listed the most common US Visas that enable you to work in the USA as well as the rights, limitations, and eligibility criteria for each category.

Employment-based Immigrant Visas

Employer-sponsored Immigrant Visas allow you to live and work in the USA permanently as a Green Card holder. As a Green Card holder, you and your dependents are not subject to visa validity restrictions and gain the same rights as U.S. citizens except for the ability to vote and own a US passport. 

Here are the 5 Employment-based Green Cards that enable you to work permanently in the United States.

1. The EB-1 Visa is the Employment Immigrant Visa for persons with extraordinary ability (EB-1A), outstanding professors or researchers (EB-1B), and multinational managers or executives (EB-1C). EB1 Visa applicants applying under the extraordinary ability subcategory do not require employer sponsorship and labor certification.
2. The EB-2 Visa is a permanent work visa that grants a Green Card to professionals with advanced degrees (EB-2A), persons with exceptional ability (EB-2B), and persons with a National Interest Waiver (EB-2C). Applicants with a National Interest Waiver (NIW) are able to apply for the EB2 Permanent Work Visa without labor certification and a job offer from a US employer.
3. The EB-3 Visa is an Employment Immigrant Visa for professionals, skilled, and unskilled workers. Professionals are immigrant workers who have a bachelor’s degree or its foreign equivalent. Skilled workers have a minimum of 2 years of training or experience in their field. Unskilled workers have less than 2 years of experience or training in their field. 
4. The EB-4 Visa is for special immigrant workers such as religious workers, broadcasters, and certain foreign U.S. government employees. 
5. The EB-5 Visa is a unique immigrant program that enables you to obtain a USA Green Card through investment. The EB-5 Immigrant Investor Visa requires a minimum investment in a U.S. business that leads to at least 10 full-time jobs for U.S. citizens. You do not need employer sponsorship and labor certification to qualify for the US EB-5 Investor Visa so the Green Card process is fastest with this category. 

In case you don’t qualify for employment based immigrant visas, you can still get US work authorization by obtaining a nonimmigrant work visa.

Temporary Work Visas

Nonimmigrant work visas enable you to work in USA temporarily. You are normally tied to the U.S. employer who petitioned your temporary work visa USA and you will need to apply for an extension, renewal, or change of status if you wish to continue working in the US.

Here are the most common temporary work visas in the USA.

• The H-1B Visa is a nonimmigrant temporary work visa for foreign specialty occupation workers such as computer engineers, nurses, accountants, and teachers. The H 1B Visa has a provision for dual intent that allows foreign workers to apply for a US Green Card. H1B spouses can be employed with a work permit in the US. The H-1B Work Visa is subject to random lottery because of the limited number of visas available per year which is not enough for the total number of applicants. 
• The E-2 Visa is a nonimmigrant work visa for foreign investors from treaty countries seeking to operate a business in the United States. The E-2 Investor Visa is also a dual intent visa that enables indirect application for US permanent residency.
• The L-1 Visa is a temporary work visa USA for intracompany transferees on the managerial and executive levels. The L1 Visa allows for dual intent and application for a Green Card and L1 spouses are eligible for an Employment Authorization Document (EAD).
• The O-1 Visa is a nonimmigrant visa for foreign workers with extraordinary abilities or achievements in sciences, arts, education, business, or athletics. O1 Visa holders can bring their assistant/s under the O-2 Visa and their dependents under the O-3 Visa. O-1 dependents are not allowed to legally work in the US.

Getting any of these temporary US working visas eventually makes you eligible for Employment Green Card categories through employer sponsorship or EB-5 investment immigration. 

Student and Exchange Visitor Visas

Certain foreign students and exchange visitors are authorized to work in the USA under specific fields and conditions. 

• The F-1 Visa is a nonimmigrant visa for international students in academic programs in the United States. Employment opportunities for F1 students are available on campus and off campus and are typically limited to only 20 hours per week while school is in session. F-1 Student Visa holders must secure a Work Permit USA before engaging in off-campus employment. 
• The J-1 Visa is a nonimmigrant visa for foreign citizens who wish to undergo work-and-study-based exchange and visitor programs in the United States. The J1 Exchange Visitor Visa requires sponsorship from an educational or nonprofit institution approved by the U.S. Department of State (DOS). Spouses of J1 Visa holders are eligible to work in the US with an Employment Authorization Document (EAD).

You would need to apply for a temporary or immigrant work visa to continue working in the USA after your F1 or J1 Visa expires. 

How to Get a Work Visa in the US?

Here are the 4 steps that you generally need to go through to obtain a working visa in the USA.

1. Find a U.S. sponsoring employer. Most temporary and immigrant work visas in the US require sponsorship from a company in the United States, except for categories such as EB5, EB1A, and EB2C. Once an employer agrees to sponsor you, they would need to obtain a labor certification from the U.S. Department of Labor (DOL) to prove that no qualified U.S. worker is available to fill the vacant position. 
2. File a work visa USA petition with the U.S. Citizenship and Immigration Services (USCIS). The specific petition will depend on the US working visa you are applying for. Form I-129 (Petition for Nonimmigrant Worker) is filed by the employer if you are applying for a nonimmigrant work visa such as H1B. Form I-140 (Immigrant Petition for Alien Worker) is filed on behalf of immigrant workers applying for Employment-based Green Cards.
3. Apply for a USA work visa. After the petition has been approved, you can now apply for your work visa USA through consular processing in your home country or through a change of status in the United States.
4. Obtain US work authorization. Approval of your US work visa means that you can start working legally in the USA. Make sure to review and abide by the conditions of your US work visa to avoid incurring immigration violations.

Always check the USCIS and US Department of State (DOS) websites before starting your application to work in the US to ensure that you meet the right qualifications and complete the necessary requirements.

What is the Difference Between a Work Visa and a Work Permit?

Both work visas and work permits enable you to be employed legally in the United States. A US work visa not only allows you to lawfully work in the USA but also allows you to enter and reenter the United States while your visa remains valid. A work permit USA is a work authorization document that enables you to get a job in the US but does not serve to grant entry or reentry into the USA. A U.S. work visa is applied for at a US embassy or consulate while a USA work permit is issued by USCIS. 

You need to renew your work visa or work permit to keep your legal employment status in the USA. Work visas usually limit your employment with your US sponsoring employer while an EAD work permit allows you to work for any employer and industry in the US.

How Long Does it Take to Get a Work Visa in the US?

Processing for a work visa in the U.S. takes between 2 to 7 months on average, however, the actual processing time will vary depending on the work visa classification you applied for. You need to know about the “priority date” of your application if you are applying for a permanent work visa. The priority date is the day that USCIS received your petition which must be “current” in the visa bulletin for you to be eligible for an immigrant work visa USA. The visa bulletin serves as a waiting list for pending applications because the United States government has a limit on the number of Green Cards that are awarded annually. The visa bulletin, which is released each month on the Department of State (DOS) website specifies which Green Card applications can advance when and gives an estimation of the time frame for receiving your Green Card depending on your priority date. 

How to Change from a US Work Visa to Green Card?

The process of changing a US Work Visa to Green Card essentially involves labor certification, immigrant petition filing, and immigrant work visa application. We have detailed the step-by-step procedure for transitioning from a USA Work Visa to Green Card for applicants in the USA and workers outside the United States.

Adjustment of Status within the US

1. Labor Certification. Your sponsoring employer files for labor certification with the U.S. Department of Labor (DOL), except when you are self-petitioning for EB-1, EB-2C, or EB-5 Visa.
2. Immigrant Petition. Form I-140 is filed to the USCIS for most Employer Sponsored Green Card applications. Form I-526 is filed by immigrant investors to self-petition for a USA EB 5 Visa.
3. Adjustment of Status. Form I-485 (Application to Register Permanent Residence or Adjust Status) is filed after or concurrently with an approved Form I-140 or Form I-526.
4. USCIS Interview. Most applicants are required to be interviewed at the USCIS Center where they applied and/or need to bring additional evidence.
5. Employment Sponsored Green Card. Approval of your Form I-485 grants you lawful permanent resident (LPR) status and unrestricted working rights in the USA.

Consular Processing outside the US

1. Labor Certification. Temporary nonimmigrant workers such as those on H-1B Visas require labor certification before proceeding with a Green Card application.
2. Immigrant Petition. The I-140 or I-526 forms need to be filed with USCIS before an immigrant work visa can be applied for at the U.S. embassy or consulate in your home country.
3. Online Immigrant Visa Application. You then need to fill out Form DS-260 (Immigrant Visa Electronic Application) to be submitted to the DOL website.
4. US Embassy or Consulate Interview. You need to bring the required documents to prove your eligibility for an Employment Immigrant Visa.
5. Employment Based Green Card. Persons with approved Employment Immigrant Visas are issued a US Green Card and can enter the USA as permanent residents.

We have helped many foreign workers like you obtain a Green Card through the EB-5 Visa Program. Applying for an EB5 Visa USA lets you skip long wait times and the need for a sponsoring employer, making your US immigration smoother and surer for you and your family.

How Long Does it Take to Change From US Work Visa to Green Card?

The processing time for changing status U.S. Visa to Green Card ranges from 18 months and 5 years depending on the immigrant category being applied for. Foreign workers who are already in the United States are eligible for quicker Green Card processing through the concurrent filing of their immigrant petitions and adjustment of status applications. Additionally, you can file for an EAD to continue working in the USA while your adjustment of status is being adjudicated.

What are Other Considerations for Working in the US?

We included additional information on how you can navigate working in the USA as a foreign citizen.

Job Protection

Since there is no legal safeguard against termination in the USA, your job security is entirely up for negotiation. A 2-week notice period is typical in many businesses in the USA. We know It can be very distressing to lose your job while on a work visa, especially if your U.S. immigration status depends on your company. You can use the information in this guide to know your alternatives if you lose your job while on a USA work visa and have the confidence to take charge of your immigration process. 

Maternity Leave

There are certain US states with no maternity leave laws. Therefore, as a foreign worker in the US, you should first get familiar with the local laws before engaging in negotiations with your employer. Hawaii, New Jersey, Connecticut, Oregon, Rhode Island, New York, Washington, D.C., and California are US states with somewhat strong maternity protection laws.

Mothers may only be permitted to take a maximum of 12 weeks of unpaid leave in states with inadequate or nonexistent maternity leave laws such as Alabama, Mississippi, or Arizona, depending on the business. At worst, you might have to quit your job or continue working through your pregnancy.

Working Hours

In the USA, a full-time job typically requires you to put in 40 hours per week. The Department of Labor’s (DOL) guidelines for handling overtime under the Fair Labor Standards Act (FLSA) are as follows.

• Overtime must be paid.
• There is no set limit on how many hours of overtime are permitted.
• There is no stipulation for any special payment for work done on weekends or holidays.
• Overtime must be paid on the regular payday for the period in which it was worked.

These, however, are merely the minimal standards for American employers. You have a lot of room to get better at benefit discussions. Individual rules can be added or eliminated depending on the company’s size and the state in which your employer is located in the US.

FAQs about Working in the US