Migrating to the United States for occupational-related purposes can attract the interest of working professionals from all around the world. Athletes, artists, individuals on business, and laborers in search of a new skill can all seek employment in our country. With that being said, there is a requirement of a visa in order to maintain employment in the United States. Depending on the needs of the future employee, he or she can apply for either a temporary or employment-based (EB) visa. Applying for these visas can be difficult, often leaving applicants confused and missing out on future opportunities. Retaining the help of a knowledgeable immigration lawyer could protect your chance at potential residency and employment.

Temporary Work Visa

When a person wants to enter the United States for employment on a fixed timeframe that is not considered indefinite, he or she would apply for a temporary work visa. A requirement of this category is reliant on the future employer to file a petition with the United States Citizenship and Immigration Services (USCIS). Information regarding your personal accomplishments as well as a background on the job you are seeking would help decipher which temporary visa category you would fit into:

• H-1B: This type of visa is for a specialty occupation, typically held by a trained professional with a bachelor's degree (or its equivalent).
• H-2A: Relates to individuals seeking agricultural work.
• H-2B: Relates to individuals seeking non-agricultural work.
• H-3: Provides the opportunity for training programs (non-medical or academic).
• L: Applies to individuals working at a home offices affiliate location in a managerial capacity.
• O: Employs applicants possessing outstanding academic, artistic, or athletic skills or achievements.

Additional stipulations in regard to category “O” are elaborated on further in sections P-1, P-2, P-3, and Q-1; these categories all relate to athletes, artists, and the educationally gifted.

When an individual arrives in the United States, a first priority is to find work. In order to do so, he or she must go through the usual channels—but with an added step. It must be verified that he or she is legally permitted to hold a job in the United States. The government uses a tool called E-Verify to perform this action before allowing an immigrant to be hired.

Form I-9 and E-Verify

Both citizens and non-citizens must fill out a Form I-9 when beginning a job. An I-9 is an Employment Eligibility Verification intended to verify that someone is legally entitled to work in the United States. Along with the I-9, documentation must be provided that proves both identity and employment eligibility. This can be done with many possible forms of identification; for non-citizens, the most common forms are a foreign passport with employment authorization or a Permanent Resident card (green card).