Arturo Castellanos Canales
Noncitizens constituted almost 19% of the U.S. labor force as of March 2024. Despite their economic importance, the available options for them to be hired by U.S.-based employers are often insufficient and, in many cases, obsolete.
This explainer provides a non-exhaustive list and brief explanation of various visas available for U.S.-based employers to hire noncitizens in the country. Work visas are classified into two general categories:
- Temporary nonimmigrant work visas
- Permanent immigrant work visas
Temporary nonimmigrant work visas allow noncitizens to live and work in the U.S. for a predetermined period. These visas are issued to foreign nationals who intend to work in the U.S. temporarily and who agree to leave the country by the expiration date of their visa unless they qualify for an adjustment of status, a visa extension, or a visa renewal. Within this category, we included nonimmigrant visas that, although sometimes not explicitly designed to employ noncitizens, allow U.S. employers to hire international students, spouses, exchange visitors, and victims of certain crimes.
On the other hand, permanent immigrant work visas allow noncitizens to live and work permanently in the United States and receive a green card.
Nonimmigrant Work Visas
Description: The H-1B visa allows U.S. employers to hire noncitizen workers for “specialty occupations” requiring a bachelor’s degree in various fields. Specialty occupations include IT professionals, engineers, university professors, healthcare professionals, psychologists, scientists, accountants, lawyers, architects, journalists, and publicists, among other professions. In addition, fashion models are also eligible to apply for H-1B visas.
Duration: The initial duration of the visa is three years. It can be extended up to three additional years for a maximum of six years total. In exceptional circumstances, the visa can be extended beyond the six-year limit.
Numerical limit: Congress set the H-1B visa cap at 65,000 per year in 1990, plus an additional 20,000 visas for people with an advanced degree exemption (approved by Congress in 2004 and thus making the 85,000 the effective annual cap). However, H-1B workers petitioned by higher education institutions, nonprofit research organizations, or government research organizations are not subject to any numerical cap, including the 20,000 advanced degree exemption.
H-1B1 (Specialty Occupations from Chile and Singapore)
Description: The H-1B1 visa allows U.S. employers to hire Chilean and Singaporean nationals in specialty occupations. This visa category stems from the U.S. free trade agreements with Singapore and Chile, which contain provisions allowing the temporary entry of business professionals into the country.
Duration: The initial duration of the visa is one year. It can be extended for up to two additional years, but only in one-year increments.
Numerical limit: The visa is limited to 1,400 Chileans and 5,400 Singaporeans.
H-2A (Temporary Agricultural Workers)
Description: The H-2A visa allows U.S. employers to bring foreign nationals to the United States to fill temporary agricultural jobs, such as planting, cultivating, or harvesting. Temporary agricultural work can happen on farms, plantations, ranches, nurseries, ranges, greenhouses, orchards, or other similar locations. Given the seasonal nature of the visa – which cannot exceed one year – dairy workers, meat packers, and most animal farmworkers are not eligible for this visa category. In addition, The H-2A program is a complicated and expensive process for farmers. Given the slim profit margins faced by many farmers, many find it unhelpful, and it provides less than 10% of the immigrant agricultural workforce of the United States.
Duration: The initial duration of the visa is up to one year. It can be extended for up to two additional years in one-year increments for a maximum of three years. After their H-2A visa expires, agricultural workers must depart from the U.S. for an uninterrupted period of three months before becoming eligible for a new H-2A visa.
Numerical limit: H-2A visas are not numerically capped.
H-2B (Temporary Nonagricultural Workers)
Description: The H-2B visa allows U.S. employers to bring foreign nationals to the United States to fill temporary nonagricultural jobs such as landscaping, meatpacking, poultry, fish cutting, forestry, housekeeping, freight, construction, and nonfarm animal caretaking, among others.
Duration: The initial duration of the visa is the period authorized on the temporary labor certification for each job. It can be extended in increments of up to one year for a maximum of three years total.
Numerical limit: Congress set the H-2B cap at 66,000 per fiscal year. However, in recognition of historical and current H-2B demand, Congress has authorized supplemental caps through the appropriations process for the last several fiscal years. For instance, for FY 2024 the administration announced 64,716 additional H-2B visas.
H-3 (Trainees Other Than Medical or Academic)
Description: The H-3 nonimmigrant visa category allows U.S. employers to bring trainees and special education visitors to the United States. Trainees are those who come to the U.S. to receive training in any field of endeavor (other than medical training or academic), that is not available in their home country. Special Education Exchange Visitors are those who come to the U.S. to participate in training programs that provide practical experience in the education of children with physical, mental, or emotional disabilities.
Duration: Trainees are allowed to remain in the United States for up to 2 years. Special Education Exchange Visitors can stay in the U.S. for up to 18 months.
Numerical limit: There is no numerical limit for Trainees. However, the Special Education Exchange Visitors visas are capped at 50 visas per year.
L-1 (Intracompany Transferee Executive or Manager)
Description: The L-1 visa allows U.S. employers to transfer an executive or manager from one of its affiliated offices abroad to one of its offices in the United States.
Duration: The initial duration of the visa is one year. It can be extended in two-year increments for a total of up to seven years.
Numerical limit: L-1 visas are not numerically capped.
O-1 (Individuals with Extraordinary Ability or Achievement)
Description: The O-1 visa allows individuals who possess extraordinary abilities in the sciences, arts, education, business, or athletics to work in the United States.
Duration: The initial duration of the visa is three years. It can be extended in one-year increments until the end goal of the stay is accomplished.
Numerical limit: O-1 visas are not numerically capped.
P-1, P-2, and P-3 (Athletes, Performers, and Artists)
Description: P-1, P-2, and P-3 visas, respectively, allow athletes (P-1), performers under a reciprocal exchange program between an organization in the United States and an organization in another country (P-2), and artists (P-3) to come temporarily to the United States to perform, teach, or coach other athletes, performers or artists.
While some artists and athletes are eligible for an O visa to work in the U.S., as explained above, the P-1 and P-3 visas are specifically created for athletes and artists who have a specific competition or event where they will perform. In addition, the O visa is reserved for “outstanding” individuals, while P-1 and P-3 visas are available for both “average” and “exceptional” individuals participating in specific competitions or events.
Duration:
- P-1 visas are granted for up to five years for individuals or just one year for a team.
- P-2 visas are granted for up to one year.
- P-3 visas are granted for up to one year.
Numerical limit: P-1, P-2, and P-3 visas are not numerically capped.
R-1 (Nonimmigrant Religious Workers)
Description: R-1 visas allow nonimmigrants in religious occupations (both ministers and non-ministers) with temporary visas to come to the United States to perform religious work.
Duration: The initial duration of the visa is 30 months. It can be extended just once for an additional 30 months, for a total of five years.
Numerical limit: R-1 visas are not numerically capped.
TN (Mexican and Canadian Professionals)
Description: TN visas allow Canadian and Mexican professionals to work in the United States as long as their job offers fall under one of the 63 specified qualifying professions requiring at least a bachelor’s degree. The TN visa is an outgrowth of the former North American Free Trade Agreement (NAFTA), now the United States-Mexico-Canada Agreement (USMCA). The TN visa represents a valuable source of highly specialized talent for the United States from its two neighbors and close allies, further strengthening diplomatic, cultural, and economic ties with Mexico and Canada.
Numerical limit: TN visas are not numerically capped.
E-3 (Specialty Occupation Workers from Australia)
Description: The E-3 visa allows U.S. employers to hire Australian workers in occupations that require specialized knowledge and the attainment of a bachelor’s degree. The E-3 visa stems from the Australia-US Free Trade Agreement (AUSFTA), which entered into force in 2005.
Duration: The initial duration of the visa is up to two years, with the opportunity to renew for two-year periods. E-3 visas may be repeatedly renewed with no overall limit.
Numerical limit: The E-3 visa is capped at 10,500 per year.
Description: D visas allow foreign nationals to work onboard sea vessels or international airlines that operate in the United States. D visa holders provide services required for normal operation and reside in the United States for only a limited duration of less than one month. Within those 29 days, the D visa holder must intend to depart the U.S., either on the same vessel or any other vessel. Among the most common occupations that apply for a D visa are engineers and deckhands on sea vessels, as well as lifeguards, cooks, waiters, and other service staff on a cruise ship. Notably, this visa cannot be used by people working on fishing vessels or private yachts.
Note: Many airline pilots opt to utilize B-1 visas to avoid having to renew a D visa every time they plan to enter the U.S. However, B-1 visas restrict pilots and crew members from receiving remuneration from American employers while they are in the United States.
Duration: Up to 29 days.
Numerical limit: D visas are not numerically capped.
G-5 and A-3 (Attendants and Personal Employees of Diplomats and Representatives of Foreign Governments)
Description: A-3 visas allow employees, attendants, or domestic workers to work in the United States for diplomats and government officials (holding valid A-1 or A-2 visas). Similarly, G-5 visas allow personal employees of staff of international organizations in the United States with G-4 visas to work in the country.
Duration: Up to three years.
Numerical limit: G-5 and A-3 visas are not numerically capped.
Other Nonimmigrant Visas
Besides the nonimmigrant visas listed above that are specifically created to hire foreign nationals in the United States, there are other visas created for multiple purposes that allow employers to hire noncitizens. Below is a non-exhaustive list of some of those visas:
Description: F-1 visas allow foreign nationals to come to the United States as full-time students at colleges, universities, seminaries, conservatories, high schools, and elementary schools.
While they are students, F-1 visa holders are only eligible for on-campus employment for up to 20 hours per week.
After graduation, if F-1 visa holders wish to remain in the United States to work, they have a handful of available options, including obtaining Optional Practical Training (OPT).
Duration: The F visa depends on the duration of the academic program. OPT recipients are only able to work in the United States for 36 months after graduation if they obtained a degree in science, technology, engineering, or mathematics (STEM) field or only for 12 months if they studied in a non-STEM field.
F-1 visa holders can apply for OPT up to 90 days before they complete their degrees but no later than 60 days after they complete it.
Numerical limit: F-1 visas are not numerically capped.
Description: The J-1 visa allows foreign nationals to participate in exchange visitor programs in the United States. The exchange visitor categories include professors and research scholars, college students, au pairs, and camp counselors, among other professions.
After graduation, J-1 students are eligible for Academic Training (AT) in a field related to their program for up to 18 months after graduation.
Duration: J-1 exchange visitors are initially admitted for the duration of the J-1 program and cannot exceed 18 months for the majority of the qualifying occupations, 5 years in the case of research scholars, and 7 years in the case of physicians.
Numerical limit: J-1 visas are not numerically capped.
H-4 (Spouses of H-1 visa holders)
Description: The H-4 visa allows spouses and dependents of H-1B visa holders to work in the United States. However, only spouses can obtain employment authorization. To become eligible for employment, H-4 visa petitioners must demonstrate that their spouses can financially support them while in the United States.
Duration: Same duration as the visas of their spouses.
Numerical limit: H-4 visas are not numerically capped.
J-2 and L-2 (Spouses and dependents of J-1 and L-1 visa holders)
Description: Spouses and unmarried children under 21 years of age of J-1 (Exchange Visitors) and L-1 (Intracompany Transferees) visa holders can work in the United States.
Duration: Same duration as the visas of their spouses.
Numerical limit: J-2 and L-2 visas are not numerically capped.
U (Victims of Criminal Activity)
Description: U visas allow victims of certain crimes occurred in the U.S. who are helpful to law enforcement in the investigation of criminal activity to live and work in the United States.
The application process for U visas has two steps. First, applicants must file a petition before USCIS. If approved by USCIS and the applicant is already present in the United States, they may be immediately granted U nonimmigrant status without having to apply for a visa. However, if the applicant lives abroad, they are required to apply for a U visa at a U.S. Embassy or Consulate.
Unfortunately, due largely to a legislative cap of 10,000 combined U nonimmigrant status grants and U visas per year, the number of U visa petitioners exceeds the supply. Accordingly, USCIS has a massive and growing backlog of over 180,000 U visa pending applications. Considering that the agency reviews on average 13,000 applications per year, it means that applicants may have to wait up to two decades to secure a U visa. In the absence of available visas, many applicants are able to temporarily obtain work authorization through deferred action during the pendency of their cases.
Notably, spouses, children, parents, and unmarried siblings of the primary U visa applicants (derivative applicants) are also eligible for U nonimmigrant status.
Duration: The initial duration of the visa is four years with extensions in some cases. After three years, U visa recipients may adjust to lawful permanent residence and eventual citizenship after five years as green card holders.
Numerical limit: U visas are capped at 10,000 per year for the main applicants. The visas for their family members are uncapped.
Immigrant Work Visas
Every year, the U.S. sets aside 140,000 employment-based green cards for workers from all around the world. Having a “green card” is the colloquial name for lawful permanent residence in the United States. A lawful permanent resident (LPR) is a foreign-born person who has been granted the ability to live, work, and receive certain government benefits in the U.S. indefinitely. Becoming an LPR is a necessary step in the naturalization process.
Besides the 140,000 employment-based green cards, the State Department and the U.S. Citizenship and Immigration Services (USCIS) have the authority to add the unused family-based green cards of one year – capped at 226,000 annually – to the employment-based category of the following year. Hence, in Fiscal Year 2023, the number of available employment-based green cards rose to 281,507. Regardless of the number, the available employment-based green cards are allocated based on five different preferences:
- The available green cards are first distributed among those who qualify for first preference, known as EB-1. The first preference category is reserved for persons with extraordinary abilities, outstanding professors and researchers, and multinational executives. A person with extraordinary abilities is someone who has achieved national or international acclaim. Hence, this category is reserved for people who have received an Oscar, a Nobel Prize, an Olympic medal, or an award of equivalent nature.
- The remaining employment-based green cards are distributed among those who qualify for second preference, EB-2, which includes professionals holding an advanced degree and people with exceptional ability. A person with exceptional abilities is someone who, despite not receiving national or international acclaim for their work, is considered significantly more accomplished than the average person in the same profession.
- The remaining green cards are reserved for third preference individuals, or EB-3, who are skilled workers, professionals, and other workers whose positions require less than two years of training. Notably, U.S. employers who wish to hire noncitizens within the EB-2 and EB-3 preference categories, must obtain first a PERM Labor Certification. The PERM labor certification requires employers to establish there are “no able, qualified, and available U.S. workers who are willing to accept the permanent job offer.” Then, employers must demonstrate that hiring the foreign worker “will not adversely affect the wages and working conditions of similarly employed U.S. workers.”
- The fourth preference, EB-4, is composed of religious workers, special immigrant juveniles, members of the U.S. Armed Forces, certain broadcasters, and others.
- Finally, the remaining employment-based green cards are distributed among immigrant investors, who are eligible for the EB-5 category. This category is reserved for noncitizens willing to invest $1.8 million dollars in a commercial enterprise in the United States and who create or preserve at least ten full-time jobs for qualified U.S. workers.
SIV (Special Immigrant Visas for Afghans and Iraqis)
Description: SIVs are available to individuals who have worked as translators, interpreters, or other professionals employed by or on behalf of the United States government in Afghanistan or Iraq. There are two SIV programs available to those in Afghanistan. The first, the SI visa class category, is meant specifically for translators or interpreters who have worked with U.S. military forces. The second, the SQ visa class category, is available to any other Afghan national who was employed by or on behalf of the United States government in the region. Both of these SIV programs were created by Congress and are managed by the U.S. State Department. As the other immigrant visas, SIV’s provide a pathway to legal permanent residence and eventual U.S. citizenship. Numerical limit: The number of SIVs available to people in Afghanistan is set by congressional statute. Section 1059 of the National Defense Authorization Act (NDAA) only allots 50 visas annually for “SI” translators/interpreters. For the SQ visa category – reserved for other Afghans employed by or on behalf of the United States government in the region – Congress regularly makes amendments to Section 602(b) of the Afghan Allies Protection Act of 2009 to increase the number of these visas. As of April 2024, the total number of special immigrant visas available for Afghan allies is 50,500.
*Thank you to our intern Summer Scovil who contributed to this explainer.