If you want to come to the U.S. for work, you may be wondering which type of visa is best for you. There are two main types of employment visas in the U.S.—immigrant and nonimmigrant. Immigrant visas are for people who wish to remain in the U.S. permanently, with a green card, while nonimmigrant visas are for those who wish only to stay and work in the U.S. for a specific person of time and then return to their home countries.

Both immigrant and nonimmigrant visas are available for various different types of professions, skills, and educational backgrounds. But large gaps remain. Which visa to choose will depend both on whether your job skills and prospects actually match one of the possibilities and on whether the resulting visa or green card will meet your needs.

Available Categories of Employment-Based Immigrant Visas

U.S. immigration law contains five main preference categories for immigrant (permanent) employment visas in the U.S., the majority of which require a job offer from an employer:

1. Priority workers, who include persons of extraordinary ability in the arts, science, business, or athletics, outstanding professors or researchers, and multinational managers or executives.
2. Professionals with advanced degrees or exceptional ability in arts, science, or business.
3. Skilled workers (with two years of training or experience), professionals with college degrees, as well as unskilled workers.
4. Special immigrants, including religious workers, foreign service employees, translators, and others, and
5. Immigrant investors, who will invest between at least $500,000 and $1 million creating a business in the United States. Also see, Can I Get a Visa to Start a Business in the U.S.?

As you can see, this list leaves out many categories of work. And because of annual limits on the number given out, and high demand (particularly in the unskilled worker category), even people who technically qualify for a visa might wait years to get it. Simply put, not every U.S. job offer creates the possibility for the non-citizen to receive a U.S. immigrant visa.

Process to Apply for Employment-Based Immigrant Visas

If you are able to get a job offer that might lead to an immigrant visa, realize that the process for applying for it is typically more difficult than applying for a nonimmigrant work-based visa. A small employer, or one who doesn't know you well already, might not even be willing to undertake it for you. You could be facing years of waiting and uncertainty.

First, the potential employer must file for a certification with the Department of Labor (DOL), known as a PERM. The purpose is to demonstrate that no U.S. workers are available, qualified, and willing to fill the position you are hopefully being hired for.

Then the employer must file an employment-based petition for you with U.S. Citizenship and Immigration Services (USCIS). (There's an exception if you fit into either the first preference priority worker or investor category, in which case you don't need a job offer or employer petition.)

Depending on which preference category you fit into (all of which are subject to annual limits on how many visas are given out) and your country of origin, you may have to wait for a visa to become available for you.

After the visa is available, you can apply for a green card from within the U.S. if you are already lawfully living there (likely on a temporary visa) or at the consulate abroad, if you are still living in your home country.

Types of Employment-Based Nonimmigrant Visas

If you do not wish to immigrate to the U.S. permanently or aren’t yet sure whether you want to, a nonimmigrant visa might be better for you. Many different types are available, though all require a job offer or employer petition. The most popular possibilities include:

• H1-B visa, a common one for professionals working in a specialty occupation. The visa applicant must have a higher education degree or equivalent. H-1B visa holders are admitted for three years, which may be extended for up to six years.
• H-2A visa, for temporary agricultural workers; limited to citizens of certain countries.
• H-2B visa, for temporary nonagricultural workers from certain countries. H-2A and H-2B visa holders are admitted for the duration of their employment and may be renewed for a total of three years.
• L-1A and L-1B visas, for intracompany transferees in managerial positions or who have specialized knowledge, respectively. L visa holders are initially admitted for up to three years and can be renewed for up to five (L-1B) or seven (L-1A) years.
• O visa, for people with extraordinary ability in sciences, art, education, business, or athletics. O visa holders can initially stay in the U.S. up to three years.

Many non-citizens are able to stay in the U.S. for years, using one or a combination of the above visas. Switching jobs is a possibility in some cases.

Process to Apply for Employment-Based Nonimmigrant Visas

Most temporary employment visas do not require certification by the U.S. Department of Labor (DOL) (though some do). The employer must in most cases file a petition with USCIS and pay filing fees for the visa.

If the temporary employment visa is approved, you may remain in the U.S. for the amount of time specified by the visa and/or the length of your employment. If fired from the job, you must leave.

If all goes well and the employer wants to keep you on permanently, the employer may petition for you to “adjust status” in the U.S. and become a legal permanent resident. That makes starting with a temporary visa a good bet if you want to get your foot in the door and develop a working relationship with an employer.

Green Card or Temporary Work Visa?

While an employment-based green card is more difficult to apply for and may present significantly longer wait times, it is ultimately the best option for people who wish to remain in the U.S. permanently.

Nevertheless, you may not be as concerned with staying in the U.S. permanently, or this may simply not yet be an option for you. People on temporary employment visas can often apply for a permanent visa in the future and adjust status to permanent resident in the U.S., as long as they remain in lawful nonimmigrant status and have an employer interested in sponsoring them (or find some other basis of eligibility for a U.S. green card).