What should I know about U.S. work visas?

Contents

• Who needs a work visa?
• What are the different types of work visas?
• What are my rights if I have a visa to work in the United States?
• What are the rights and responsibilities of temporary visa holders? 
• What are the rights and responsibilities of a permanent resident?

---

Who needs a work visa?

Anyone who is not a U.S. citizen needs permission to work legally in the United States. Many people get that permission through a work visa. As long as it is valid, a work visa allows you to live and work in the United States legally.

 

Visas are issued by U.S. Citizenship and Immigration Services (USCIS). In most cases, you will need an offer of employment in order to qualify for a work visa. 

Back to top

---

What are the different types of work visas?

There are two general types of work visas-- temporary and permanent. 

 

Temporary employment-based visas

There are many different categories of employment-based temporary visas. Temporary visa holders are only allowed to live and work in the United States for a set amount of time. If you remain in the United States after your visa expires, you will be considered an undocumented immigrant. 

 

The possible worker classifications range from:

• Workers in specialized occupations like computer science or engineering,

• Seasonal agricultural workers, 

• Intracompany transfers in executive positions and 

• Religious workers. 

 

If you want to stay longer, you can apply for an extension of your visa. You may apply if you:

• Have a valid nonimmigrant visa

• Haven’t committed any crimes that make you ineligible for a visa

• Haven’t violated the conditions of your admission

• Have a valid passport that will remain valid for the duration of your stay

 

Permanent employment-based visas (Green Cards) 

There are three basic avenues to get a green card through employment. There are a limited number of immigrant visas available each year. A visa must be available before you can apply for a green card. Once you get a green card, though, you become a legal permanent resident. This means you can live and work in the United States permanently.

 

You may be eligible to apply as a:

• Immigrant worker. There are 3 preference levels for immigrant worker visas. 

  • First preference immigrant workers:

    • Have extraordinary ability in the sciences, arts, education, business or athletics, or  

    • Are outstanding professors or researchers, or  

    • Are multinational managers or executives who meet certain criteria.

  • Second preference immigrant workers:

    • Are a members of a profession that requires an advanced degree, or  

    • Have exceptional ability in the sciences, arts, or business, or  

    • Are seeking a national interest waiver  

  • Third preference immigrant workers:

    • Are skilled workers. This means your job requires a minimum of 2 years training or work experience.  

    • Are professionals. This means your job: 

      • requires at least a U.S. bachelor's degree or a foreign equivalent and 

      • you are a member of the profession.  

    • Are unskilled workers. This means you will perform unskilled labor requiring less than 2 years training or experience.

• Physician. Doctors might qualify in this category if they agree to work fulltime in an underserved area.

• Immigrant investor. Immigrant investors are:

  • People who invest a large sum in a new commercial enterprise in the U.S.

  • The business must create 10 full-time positions.

Back to top

---

What are my rights if I have a visa to work in the United States?

If you are working in the United States, you have rights. You have basic rights whether you are a citizen, have a visa, or are an undocumented worker. 

 

You have the right to:

• Be paid fairly. This means:

  • You have the right to be paid for all of your work. If you are paid hourly, this means that every hour must be paid. You may also be entitled to overtime if you work more than 40 hours a week.

  • You have a right to earn at least the minimum wage.

  • You have the right to understand any deductions taken from your paycheck.

 

• Be free from discrimination. Your employer cannot discriminate against you because of your:

  • Age,

  • Gender or sex,

  • Race,

  • National origin and ethnicity,

  • Color,

  • Religion,

  • Genetic information, or

  • Family history.

 

• Be free from sexual harassment and sexual exploitation. It is illegal for an employer to sexually harass or exploit you. 

 

• Have a healthy and safe workplace. 

  • You have the right to work in a safe environment. 

  • You also have the right to report unsafe working conditions. 

 

• Request help from union, immigrant, and labor rights groups. 

  • You have the right to join with others to ask for better working conditions. 

 

• Be free from retaliation for exercising your rights. Your employer cannot fire or punish you because you reported a violation of your rights. 

Back to top

---

What are the rights and responsibilities of temporary visa holders? 

Depending on the type of work visa you have, you likely have additional rights. Regardless of your status, you have certain rights including the right to be protected under the laws of the United States.

 

You are responsible for: 

• Leaving the country when your visa expires. If you remain in the U.S. after your visa expires, you will now be in the country illegally. 

• Keeping your job. In many cases, if you are fired or quit your job, you will need to return to your country of origin. 

• Filing income taxes each year.

Back to top

---

What are the rights and responsibilities of a permanent resident?

As a permanent resident, you have the right to:

• Live permanently in the United States, unless you do something that would make you removable under immigration law. 

  • Unlike U.S. citizens, a permanent resident may still be deported to their home country.

• Work in the United States. 

  • There are some government jobs that are limited to only U.S. citizens.

• To be protected by all the laws of the United States, your state, and local jurisdiction.

• After 3-5 years, apply for U.S. citizenship.

 

As a permanent resident, your responsibilities include:

• Following the laws of the United States and Georgia,

• Filing income taxes every year, and

• Registering with the Selective Service if you are a male between 18-26 years old.

Back to top

Contents

• How do I apply for an employment-based temporary visa?
• How do I apply for an employment-based green card?

---

How do I apply for an employment-based temporary visa?

In most cases, to get a temporary work visa, an employer must file a nonimmigrant petition on your behalf. Each category of temporary worker visa has its own unique set of requirements to apply. To find the employment category you qualify for and the process for getting a visa, go to the USCIS website. In general:

• Your prospective employer must file a Form I-129, Petition for a Nonimmigrant Worker, with the correct USCIS service center.

• Once the I-129 is approved, you may apply for a visa and/or admission into the U.S. This is generally done at the U.S. embassy or consulate.

 

How do I apply to extend my temporary visa?

To apply for an extension of your nonimmigrant visa, you must:

• File a Form I-539, Application to Extend/Change Nonimmigrant Status.

• File before your visa expires.

  • You should apply at least 45 days before your current visa expires.

Back to top

---

How do I apply for an employment-based green card?

The application process will vary depending on your situation. In general, to apply for an employment-based green card:

• Your prospective employer or sponsor must file a Form I-140, Immigrant Petition for Alien Workers.

• Once the petition is approved, you can file a Green Card application. There must be a visa available in your employment category at the time you apply. Where you apply will depend whether you are currently living inside or outside of the United States.

Back to top