Work Permits and Worker Classifications in the USA

The United States offers a wide range of work permits and visa options for foreign nationals seeking employment. Work permits and worker classifications are designed to meet the diverse needs of industries and the U.S. economy while regulating legal employment of non-citizens. Understanding these classifications is crucial for both employers and foreign workers as they navigate U.S. immigration and labor laws.

Employers must sponsor most work visa types, and each visa category corresponds to specific job functions, skills, and lengths of stay. This guide will break down the types of work permit visa sponsorship in the USA, eligibility requirements, renewal processes, and employer obligations. Whether you are a skilled worker, entrepreneur, or seasonal employee, this content will help you identify the best visa path for working legally in the United States.

Types of Work Visas in the United States

How to Sponsor a Temporary Employee Work Visa in the US

The U.S. offers several types of work visas to accommodate different professional needs. These visas generally fall into temporary non-immigrant visas and permanent immigrant work visas (green cards). A U.S. employer usually must file a petition with the U.S. Citizenship and Immigration Services (USCIS) before the employee applies.

Common work visa types include:

H-1B Visa (Specialty Occupation Workers)
- For professionals with at least a bachelor’s degree in a specialty field.
- Highly sought-after for IT, engineering, finance, and medical fields.
- Annual cap applies (typically 85,000 per year).
L-1 Visa (Intra-Company Transfers)
- For executives, managers, or employees with specialized knowledge transferred within a company’s international offices.
O-1 Visa (Extraordinary Ability)
- For individuals with outstanding achievements in sciences, arts, education, business, or athletics.
E-2 Visa (Investor Visa)
- For nationals of treaty countries investing a substantial amount in a U.S. enterprise.
H-2B Visa (Temporary Non-Agricultural Workers)
- For seasonal or temporary non-farm workers in sectors like hospitality, landscaping, or construction.
TN Visa (NAFTA Professionals)
- For Canadian and Mexican citizens under USMCA (formerly NAFTA).

Who Needs a Work Permit?

All foreign nationals (non-U.S. citizens or permanent residents) who wish to work in the U.S. need a valid work permit (Employment Authorization Document – EAD) or a sponsored work visa.
Students on F-1 visas need OPT or CPT authorization for employment.
Spouses of certain visa holders (e.g., L-2, E-2) may apply for work permits.

How to Sponsor a Temporary Work Visa:

✅ The employer files Form I-129 (Petition for a Nonimmigrant Worker).
✅ Provide necessary documentation (e.g., labor condition application for H-1B).
✅ Await USCIS approval and then the applicant applies for a visa at a U.S. consulate.

What types of work permits and visas are available in the United States?

Types of Available U.S. Work Visas

H-1B: Specialty occupations
H-2A: Temporary agricultural workers
H-2B: Temporary non-agricultural workers
L-1: Intra-company transferees
O-1: Extraordinary ability
P-1: Athletes, artists, entertainers
R-1: Religious workers
E-1/E-2: Treaty traders/investors

Eligibility for a U.S. Work Permit

Approved visa petition from USCIS.
Job offer from a U.S. employer.
Compliant with visa-specific requirements (degree, skills, experience).
In some cases (e.g., asylum applicants, spouses of certain visa holders), individuals can apply directly for an EAD.

Benefits of U.S. Temporary Work Visas

Work legally in the U.S.
Opportunity to bring eligible dependents.
Pathways to permanent residence for certain categories (e.g., H-1B to green card).
Expand global career prospects.

Work Permit Renewal Periods

H-1B: Initially 3 years, extendable to 6 years (with some exceptions).
L-1A: Up to 7 years.
L-1B: Up to 5 years.
O-1: Initial 3 years + 1-year extensions.
H-2B: Up to 3 years with extensions.

Types of Work Permit Visa Sponsorship in USA

Visa Type	Sponsoring Entity	Typical Duration	Eligible Positions
H-1B	U.S. employer	Up to 6 years	Specialty occupations (IT, engineering, finance)
L-1	Multinational company	5-7 years	Executives, managers, specialized knowledge staff
O-1	U.S. employer/agent	3 years + extensions	Extraordinary ability in arts, sciences, athletics
E-2	Self (investor)	Varies	Business owners, investors
H-2B	U.S. employer	1 year + extensions	Temporary non-agricultural jobs
TN	U.S. employer	1-3 years renewable	Professional jobs under USMCA

Visa Type	Sponsor Requirement	Common Occupations	Duration	Path to Green Card?
H-1B	Employer	IT, Engineering, Finance	3 years, extend.	Yes
H-2A	Employer	Agriculture	Up to 1 year	No
H-2B	Employer	Hospitality, Landscaping	Up to 1 year	No
L-1A/L-1B	Employer (same co.)	Managers, Specialists	1–3 years, ext.	Yes
O-1	Employer/Agent	Science, Arts, Sports	3 years, ext.	Yes
E-1/E-2	Employer/Investor	Trade, Investment	2 years, ext.	No
TN	Employer	NAFTA Professions	3 years, ext.	No
EB-1, EB-2, EB-3	Employer	Various Professions	Permanent	N/A
J-1	Program Sponsor	Research, Training	Varies	Limited
F-1 (OPT/CPT)	School/Employer	Students	1–3 years	No
EAD	USCIS	Various	1–2 years	N/A

Green Card Processes and Procedures

Obtaining a green card through employment involves multiple steps:

Employer files a PERM Labor Certification.
Submit Form I-140 (Immigrant Petition for Alien Worker).
Employee files Form I-485 (Adjustment of Status) if in the U.S. or applies at a consulate abroad.

Immigration Law for the Visa Sponsorship

U.S. immigration law requires employers to comply with Department of Labor (DOL) and USCIS regulations:

Provide fair wages.
Demonstrate unavailability of qualified U.S. workers (for some visas).
Maintain records for government audits.

Visas and Work Permits in the USA: A Quick Guide for Employers

Know visa options that match business needs.
Plan early—many visas have annual caps and strict deadlines.
Use legal counsel for complex sponsorships.
Stay compliant with I-9 and E-Verify requirements.

USA Temporary and Permanent Work Visas

Temporary visas: H, L, O, P, TN categories.
Permanent work visas (green card categories): EB-1 (priority workers), EB-2 (advanced degrees), EB-3 (skilled workers).

United States Work Visa

Work visas allow foreign nationals to lawfully work and reside in the U.S. for a specified period, depending on the visa type and employer need.

Interested in immigrating to the United States?

Work visas can lead to green card sponsorship. Many employers prefer to sponsor long-term employees for permanent residency after a period of temporary employment.

U.S. Income Taxes and Immigration Consequences

Work visa holders must pay U.S. income tax on worldwide income and comply with tax reporting obligations. Failure to comply can impact visa renewals or future green card eligibility.

International Entrepreneur Parole Program Enables Foreign Nationals to Build a Startup in the U.S.

This program offers temporary stay for startup founders who demonstrate substantial public benefit through business growth and job creation.

Immigrant visa to work in the U.S.

Immigrant visas such as EB-1, EB-2, and EB-3 provide permanent residency and do not require subsequent visa renewals like non-immigrant work visas.

Learn about permanent work visas

Permanent work visas often require a labor certification and an immigrant petition. Categories include:

EB-1: Priority workers.
EB-2: Advanced degree professionals.
EB-3: Skilled workers and professionals.

How much does a US work visa cost?

H-1B filing fees: $1,710–$6,460 (includes USCIS, fraud prevention, training fees).
L-1 fees: Around $960 + fraud prevention fee.
O-1 fees: About $460 + legal fees.
Employer typically covers most costs.

FAQ

How can my company sponsor someone for a US work visa?

Your company must file Form I-129 (for temporary visas) or Form I-140 (for immigrant visas) and comply with Department of Labor requirements where applicable.

How can my company sponsor a permanent residence application in the US?

File a PERM labor certification (if required), submit an I-140 petition, and assist the employee with adjustment of status or consular processing.

Is there a limit on the number of times you can apply for a US work visa?

There is no limit on applications, but visa types like H-1B have annual caps. Extensions and new petitions must follow the set time limits for each visa.

How much does an Employer of Record charge in the US?

An Employer of Record may charge 10% to 15% of the employee’s salary plus administrative fees depending on the complexity of the arrangement.

What are the risks of using an Employer of Record service?

Potential risks include:

Less direct control over HR processes.
Complex compliance issues across states.
Higher long-term costs compared to direct hiring.