The U.S. Government wants to ensure that an alien does not take a job that could be filled by a U.S. citizen or permanent resident. Visas for employment purposes, therefore, are meant to benefit U.S. companies who cannot find a person in the United States who can fill the open job. It is the U.S. employer who is typically the petitioner in this process.

Immigrant Visas

To obtain an immigrant visa for a foreign worker, the employer must first show the U.S. Government that there is a need for a foreign worker to do the job. This is called the labor certification process. Applying for a labor certification is a complex task, with strict timetables.

After receiving the labor certification, the U.S. employer then files a visa petition on behalf of the foreign worker. Once the petition is granted, the foreign worker must wait for a visa to become available under the preference system.

Non-Immigrant Visas

There are several types of non-immigrant visas available for foreign workers to come to the United States to work temporarily. One of the more popular visas is the specialty worker, or H-1B, visa. However, visas are also available for treaty traders, treaty investors, intra-company transferees, trainees, exchange visitors, religious workers, outstanding individuals and internationally recognized athletes and entertainers. In addition, special visas are available for professionals from Canada and Mexico under the terms of NAFTA.

Some business activity can be accomplished through the B-1 business visitor’s visa. However, a person with a B-1 visa cannot be paid by a U.S. entity.