Work permits and visas in the United States: An employer’s guide

Whether you’re hiring an employee in the US or relocating an existing employee to the country, you’ll have to make sure they have the correct paperwork to work there legally.

The United States has a range of options for employers looking to hire international workers, from temporary workers to permanent residency for highly skilled workers. However, navigating the world of work visas and permits in the US can be tricky, especially if you have limited knowledge of US state and federal laws.

This guide will walk you through the basics of work permits and visas in the US and explain the steps you need to take if you want a sponsor a team member’s visa in the US.

See also: The complete employer's guide to hiring in the US

Employment eligibility verification in the US

In the US, employment eligibility is determined by citizenship or authorized immigration status.

US citizens are automatically authorized to work in the country without restriction, regardless of whether they currently reside in the US or abroad. Lawful permanent residents (also known as “Green Card” holders) are also authorized to work but must present their Permanent Resident Card (Form I-551) as proof of eligibility.

Non-citizens who are not permanent residents must obtain specific authorization to work in the US. This is typically granted through an employment authorization document (EAD, Form I-766) or through an employment-based visa (such as H-1B, L-1, or O-1), depending on the individual’s immigration status.

Employers need to verify each employee’s eligibility to work in the United States by completing Form I-9, Employment Eligibility Verification, and reviewing acceptable documents of identity and work authorization.

Eligibility requirements for a work visa in the US

In most employment-based cases, a foreign worker cannot apply for a work visa until the US employer has filed a petition with the US Citizenship and Immigration Services (USCIS). For certain visa categories, the employer must also first obtain a temporary labor certification from the US Department of Labor (DOL) to show that hiring a foreign worker will not adversely affect the wages and working conditions of US workers.

Work visas and permits for non-US citizens

In the United States, visas and work permits (Employment Authorization Documents, or EADs) are not the same.

Employment Authorization Document (EAD)

An Employment Authorization Document (EAD) (Form I-766), issued by USCIS, provides proof that a non-citizen is authorized to work in the US. It allows the holder to work for any employer, but it is not a visa and not a travel document.

To obtain an EAD, eligible individuals must file Form I-765, Application for Employment Authorization, with USCIS.

Work visas in the US

A visa, issued by the US Department of State, allows a foreign national to enter the United States for a specific purpose (such as tourism, study, or employment). Work visas like typically authorize the holder to work only for a specific employer and under the conditions approved in the visa application.

Most individuals who hold an employment visa do not need a separate EAD work permit. However, if they later apply for permanent resident status (a Green Card), they may be eligible to request an EAD while their application is pending.

Types of work visas in the US

The US offers a variety of employment visas depending on the type of job, the worker’s qualifications, and the intended length of stay. Employment visas fall into two main categories: nonimmigrant (temporary) visas, and immigrant (permanent) visas.

Nonimmigrant (temporary) work visas in the US

A nonimmigrant (temporary) visa allows foreign nationals to work in the US for a specific employer and time. A temporary visa does not directly lead to permanent residence.

H-1B visa (Specialty occupations)

The H-1B visa is a nonimmigrant visa that allows US employers to hire foreign workers in specialty occupations. A specialty occupation is defined as one that requires:

• Theoretical and practical application of specialized knowledge, and
• At least a bachelor’s degree or higher (or equivalent work experience) in a specific field.
  
  

Facts to note about the H-1B visa include:

• Employer sponsorship required: An employer must file a petition with USCIS on behalf of the worker. Individuals cannot apply for an H-1B on their own.
• Cap and lottery system: Congress sets an annual limit of 65,000 H-1B visas, plus an additional 20,000 visas reserved for workers with a Master's degree or higher from a US institution. When applications exceed the visa quota, USCIS uses a random lottery selection.
• Duration: The initial approval period is up to 3 years, and it can generally be extended to a maximum of 6 years.
• Employer-specific: Workers can only work for the employer who petitioned for their employment visa. A new petition is required to change jobs.

L-1 Visa (Intracompany Transferees)

The L-1 visa is a nonimmigrant visa that allows multinational companies to transfer certain employees from a foreign office to a related office in the US. 

An L-1A visa is for executives and managers who oversee people, processes, or functions at a high level. An L-1B visa is for employees with specialized knowledge about the company’s products, services, research, or procedures.

Facts to note about the L-1 visa include:

• Employer requirements: The US company must have a qualifying relationship with the foreign company (parent, branch, affiliate, or subsidiary). The employee must have worked for the foreign company for at least one continuous year in the past three years before applying.
• Duration: For a L-1A, initially up to one year for a new office or up to three years otherwise, with extensions up to a maximum of seven years. For a L-1B, initially up to one year for a new office or up to three years otherwise, with extensions up to a maximum of five years.
• Dual intent: Unlike many temporary visas, the L-1 allows “dual intent.” This means workers can apply for permanent residence (a Green Card) while on an L-1 visa without jeopardizing their nonimmigrant status.
• Blanket petitions: Large multinational companies may use an L-1 blanket petition, which streamlines the application process for transferring multiple employees without filing separate petitions each time.

O-1 Visa (Individuals with Extraordinary Ability or Achievement)

The O-1 visa is a nonimmigrant work visa for individuals who possess extraordinary ability in their field. It is designed for people at the very top of their profession in areas such as science, education, business, athletics, arts, or the motion picture and television industry.

An O-1A is for individuals with extraordinary ability in the sciences, education, business, or athletics (excluding the arts, motion pictures, or television). An O-1B is for individuals with extraordinary ability in the arts or extraordinary achievement in motion picture or television.

H-2A Visa (Temporary Agricultural Workers)

The H-2A visa allows US employers to hire foreign nationals for temporary or seasonal agricultural work when there are not enough US workers available.

H-2B Visa (Temporary Non-Agricultural Workers)

The H-2B visa allows US employers to hire foreign nationals for temporary or seasonal non-agricultural jobs when there are not enough US workers available. Common industries include hospitality, landscaping, construction, and seafood processing.

TN Visa (United States-Mexico-Canada Agreement Professionals)

The TN visa allows qualified citizens of Canada and Mexico to work in the US in certain professional occupations under the United States-Mexico-Canada Agreement (which replaced the North American Free Trade Agreement).

E-1/E-2 Visas (Treaty Traders and Treaty Investors)

The E-1 and E-2 visas are nonimmigrant visas available to citizens of countries that have a treaty of commerce and navigation with the United States. They are intended to promote trade and investment between the US and treaty countries.

• E-1 Treaty Trader Visa: For individuals or employees of companies engaging in substantial trade (goods, services, or technology) between the US and their treaty country.
• E-2 Treaty Investor Visa: For individuals or employees of companies making a substantial investment in a US business. The investment must be sufficient to ensure the successful operation of the enterprise.

J-1 Visa (Exchange Visitors)

The J-1 visa is a nonimmigrant visa for individuals participating in approved exchange visitor programs that promote cultural exchange, especially in the fields of education, research, and training. Some J-1 categories permit employment if it is part of the exchange program (e.g., teaching, research, or on-the-job training).

Immigrant (permanent) work visas 

An immigrant (permanent) visa allows foreign nationals to live and work permanently in the US. They are part of the employment-based (EB) Green Card categories.

EB-1 Visa (Employment-Based First Preference)

The EB-1 is an employment-based immigrant visa category that allows foreign nationals with outstanding qualifications to become lawful permanent residents. It is one of the fastest Green Card pathways because it does not always require labor certification.

• EB-1A (Extraordinary Ability): For individuals with extraordinary ability in sciences, arts, education, business, or athletics, demonstrated by sustained national or international acclaim. No job offer or employer sponsorship is required.
• EB-1B (Outstanding Professors and Researchers): For internationally recognized professors and researchers with at least three years of experience in teaching or research, and a job offer from a US employer.
• EB-1C (Multinational Managers and Executives): For managers or executives who have worked abroad for a qualifying multinational company for at least one year in the past three years, and are being transferred to a US office.

EB-2 Visa (Employment-Based Second Preference)

The EB-2 is an employment-based immigrant visa for foreign nationals who hold advanced degrees or possess exceptional ability in the sciences, arts, or business. Eligibility categories include:

• Advanced Degree: Requires a job offer for a position that demands a master’s degree or higher (or a bachelor’s degree plus at least five years of progressive work experience).
• Exceptional Ability: For individuals with expertise significantly above that ordinarily encountered in the sciences, arts, or business.
• National Interest Waiver (NIW): Allows applicants to self-petition without an employer or labor certification if they can show their work benefits the US substantially (e.g., in healthcare, technology, or research).

EB-3 Visa (Employment-Based Third Preference)

The EB-3 is an employment-based immigrant visa for foreign nationals who are skilled workers, professionals, or other workers seeking lawful permanent residence in the United States. Eligibility categories include:

• Skilled Workers: Jobs requiring at least two years of training or experience
• Professionals: Positions requiring at least a U.S. bachelor’s degree (or foreign equivalent)
• Other Workers (Unskilled Labor): Jobs requiring less than two years of training or experience

Applicants require a permanent, full-time job offer from a US employer and a labor certification (PERM) approved by the Department of Labor.

EB-4 Visa (Employment-Based Fourth Preference – Special Immigrants)

The EB-4 is an employment-based immigrant visa for certain special immigrants who qualify for lawful permanent residence in the United States. Unlike other EB categories, it covers a wide range of unique groups, including:

• Religious workers 
• Certain long-term employees of the US government abroad
• Broadcasters employed by the US Agency for Global Media
• Other designated special categories under US immigration law

EB-5 Visa (Employment-Based Fifth Preference – Immigrant Investors)

The EB-5 visa allows foreign nationals to obtain lawful permanent residence in the US by making a qualifying investment that creates jobs for US workers.

How to get a work visa in the US

Most employment-based visas require the employer to start the process in the US before the employee can apply for a work visa.

Sponsoring a temporary (nonimmigrant) work visa

Here's how an employer can sponsor their employee to obtain a temporary (non-immigrant) worker visa: 

Step 1 - Identify the correct visa category

Determine the visa classification that matches the position and the worker’s qualifications.

Step 2 - Obtain foreign labor certification (if required) 

Some visa types (e.g., H-1B, H-2A, H-2B) require a temporary labor certification from the U.S. Department of Labor. This confirms that there are not enough qualified US workers available and that hiring a foreign worker will not negatively affect US wages and working conditions.

Step 3 - File a petition with USCIS

The employer must file the appropriate petition with U.S. Citizenship and Immigration Services (USCIS), including Form I-129 and supporting documents like the job offer, evidence of the employee’s qualifications, and the DoL certification.

Step 4 - Employee applies for the visa

Once USCIS approves the petition, the employee applies for the visa at a US embassy or consulate abroad (through the Department of State). Canadian TN applicants may apply directly at a US port of entry. Visa appointment wait times vary by location and visa category.

Step 5 - Employee seeks entry and begins work

At the port of entry, US Customs and Border Protection decides whether to admit the worker and for how long. Once admitted, the employer must complete Form I-9 (Employment Eligibility Verification) to confirm the employee’s work authorization.

Sponsoring permanent residence (immigrant work visa / green card)

If your employee qualifies for permanent employment-based immigration, you may sponsor them for a Green Card through the following process:

Step 1 - Obtain labor certification (if required)

Most EB-2 and EB-3 cases require a PERM labor certification from the DOL. Certain categories (EB-1A, EB-1C, and EB-2 National Interest Waiver) are exempt.

Step 2-File Form I-140

Submit application for Immigrant Petition for Alien Worker petition to USCIS on the employee’s behalf.

Step 3 - Employee applies for permanent residence

After the petition is approved and a visa number is available, the employee applies for a Green Card through either adjustment of status (if already in the US), or consular processing at a US embassy or consulate abroad.

Does the US offer a digital nomad visa?

The United States does not currently offer a dedicated digital nomad visa. Foreign nationals who wish to live and work in the US must do so under a recognized employment-based visa category. Options include:

• H-1B visa: For specialty occupations requiring a bachelor's degree or higher, with employer sponsorship.
• L-1 visa: For intracompany transferees working for multinational companies with US operations.
• O-1 visa: For individuals with extraordinary ability in sciences, arts, business, education, or athletics.
• Employment-based immigrant visas (EB-1 to EB-5): For permanent residence through employment, depending on qualifications and investment.
  
  

In all cases, the worker must meet the eligibility criteria for the visa type, and in most situations, the US employer must file a petition with USCIS before the worker can apply for a visa abroad.

Visitor visas (B-1/B-2) permit only limited activities such as tourism, business meetings, or attending conferences. Employment or remote work for a US or foreign employer is not permitted. 

How Remote can help with work visas in the US 

To hire or relocate employees to the US, you need to navigate immigration laws to avoid potential penalties, as well as handle payroll and benefits according to federal tax laws. 

That's why Remote’s Employer of Record service is invaluable. We act as the legal employer in the US on your company’s behalf. Remote helps you stay compliant with federal and state laws, so you can onboard your employees in a matter of days to expand in the US.

Remote can also help with international employee relocation with case-by-case immigration assessments, and guidance on US work visa applications. 

To learn more about the processes involved in relocating international employees, download Remote's Relocation Guide, or contact our Relocation team today.