Work Permits and Worker Classifications in the USA

Understanding how work permits and worker classifications function in the United States is essential for anyone planning to work legally in the country. The U.S. has a complex system that categorizes workers based on factors such as job type, skill level, and immigration status. From temporary nonimmigrant workers on visas like H-1B or L-1 to permanent residents with employment authorization, each category has specific rules, rights, and limitations. Additionally, certain individuals—such as international students or asylum seekers—may require special work permits known as Employment Authorization Documents (EADs). This guide breaks down the different types of work permits and classifications, helping you understand where you fit and how to navigate the U.S. employment landscape legally and effectively.

Types of Work Visas in the United States

There are two main categories:

• Temporary nonimmigrant visas: e.g., H‑1B, L‑1, H‑2A, H‑2B, O‑1, E‑3, J‑1, TN
  
• Immigrant (permanent) visas: employment‑based green cards, including EB‑1 through EB‑5
  

Temporary visas require employer sponsorship; permanent visas also require an employer petition and labor certification.Factorial+2People Managing People+2 Payroll+2 Indeed+1 Wikipedia+1 People+2Playroll+2Indeed+1Wikipedia+1Investopedia+1USCIS+1

Who Needs a Work Permit in the United States?

A foreign national working in the U.S. must hold either:

1. A work visa tied to employment
   
2. An Employment Authorization Document (EAD) is issued under certain visa categories, such as J‑1, L‑2, or pending green card. Indeed+3Passage Immigration Law+3Investopedia+3Wikipedia
   

How to Sponsor a Temporary Employee Work Visa in the US

• Step 1: Match employee qualifications to a visa category (e.g., H‑1B, L‑1, H‑2B).com+5Factorial+5Wikipedia+5
  
• Step 2: File Labor Condition Application (LCA) or temporary labor certification
  
• Step 3: Submit Form I‑129 petition to USCIS
  
• Step 4: Employee completes consular visa interview or status change
  
• Step 5: Provide a sponsorship letter, a job offer, and fee payments
  
• Consider legal assistance to minimize delays and compliance with Wikipedia+1Wikipedia+1travel.state.gov+2Wikipedia+2Wikipedia+2Playroll
  

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

• H‑1B: Specialty occupations requiring a bachelor’s degree – capped at 65,000 plus 20,000 for U.S. master’s holders. Dual intent allowed. Duration 3 + 3 years.Wikipedia+1apnews.com+1
  
• L‑1: Intra‑company transfers. Requires one year abroad with the same company. Duration 3–5 years (max 7).Passage of Immigration Law
  
• H‑2A / H‑2B: Seasonal workers. H‑2A for agriculture; H‑2B for non‑agricultural labor. Employers must prove the lack of U.S. labor supply. People Managing People Wikipedia
  
• O‑1: Extraordinary ability in sciences, arts, or business. No annual cap; indefinite renewable.USCIS+2Wikipedia+2USCIS+2
  
• E‑3: For Australian professionals. Similar to H‑1B but without cap renewals; spouses may work.Wikipedia
  
• J‑1: Exchange visitors (intern, trainee, research)—often issues J-1-based EAD for work.
  
• TN: For Canadian/Mexican professionals under USMCA. Requires the NAFTA job list role. People Managing People
  
• EB‑3: Permanent visa for skilled, professional, and unskilled workers. Requires labor certification and a job offer through a sponsoring employer.Wikipedia
  
• EB‑1 / EB‑2 / EB‑4 / EB‑5: Other permanent categories. EB‑1 for extraordinary ability or multinational executives, USCIS
  

Who is eligible for a US work permit?

Eligibility depends on:

• Job – must match visa category requirements
  
• Education/experience – e.g., bachelor’s for H‑1B, extraordinary recognition for O‑1
  
• Employer’s compliance with immigration and labor regulations
  
• For immigrant visas: permanent, full‑time job with a labor certification process
  
• For E‑3: must be an Australian national in a specialty occupation. Passage Immigration Law+1Wikipedia+1Wikipedia
  

Benefits of US Temporary Work Visas

• Access to the U.S. job market in specialized roles
  
• Dual intent eligibility (H‑1B, L‑1) allows the green card process while working
  
• Opportunities for dependents (e.g. H‑4, L‑2 spouses may work under EAD)
  
• Some categories (O‑1, E‑3) have no caps or renew indefinitely
  
• Employers can fill critical labor gaps with qualified Wikipediaapnews.com
  

Work Permit Renewal Periods in the United States

• H‑1B: initial up to 3 years, extendable to 6; beyond 6 if green card pending
  
• L‑1: up to 7 years (manager/executive max 7; specialized knowledge max 5)
  
• O‑1: renewable in 1‑year increments indefinitely
  
• E‑3: renewable without limit (if Australian national)
  
• H‑2B / H‑2A: seasonal extension possible depending on employer needs
  

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

The International Entrepreneur Parole (IEP) allows startup founders to enter the U.S. for up to 5 years while building a high‑growth business. No standard H‑1B sponsorship needed. Must show significant investment and potential job creation. This parole status is distinct from typical visa sponsorship.

Green Card Processes and Procedures

Once an employee works on a temporary visa, they may qualify for a U.S. green card via employment‑based categories (e.g., EB‑3):

• Employer submits PERM labor certification to the Department of Labor
  
• File Form I‑140 with USCIS
  
• File Form I‑485 adjustment of status (if in the U.S.) or consular processing abroad
  
• Priority date wait times vary depending on nationality and visa categoryWikipediaPassage Immigration Law Wikipedia USCIS
  

Immigration law for the Visa Sponsorship

Employers must comply with:

• Fair wages and labor regulations
  
• Non‑discrimination rules
  
• Document retention and audit readiness
  
• Accurate petitioning via USCIS and the Department of Labor
  
• Legal penalties may apply for wage violations or misrepresentation. Legal counsel is strongly recommended.PlayrollFactorial
  

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

Visa Type	Employer Sponsorship Required	Typical Duration	Renewal Limit
H‑1B	Yes	Up to 6 years	Yes
L‑1	Yes	3–5 years	Up to 7
O‑1	Yes	1 year	Indefinite
H‑2A/B	Yes	Seasonal	Case‑dependent
E‑3	Yes (Australian employer)	2 years	Unlimited
TN	Yes (Canadian/Mexican)	Up to 3 years	Unlimited
EB‑3	Yes (Permanent position)	Green card process	N/A

USA Temporary and Permanent Work Visas

Temporary visas: Suitable for fixed‑term roles; often involve lower cost and less paperwork. Permanent visas: Labor‑intensive but pave the way for employees to gain U.S. residency and long‑term value.

EB‑3 Visa – Skilled, Professional, and Unskilled Workers

• EB‑3A: Professionals with a baccalaureate degree
  
• EB‑3B: Skilled workers with 2+ years of training
  
• EB‑3C: Other workers (unskilled, long backlog expected)
  
• Requires: job offer, labor certification, I‑140 petition, and waiting for priority date.WikipediaInvestopedia+11builtin.com+11apnews.com+11Wikipedia+1USCIS+1
  

United States Work Visa

A “United States work visa” broadly refers to both H (temporary) and EB (permanent) categories used to hire foreign nationals under employer sponsorship.

Interested in immigrating to the United States?

If your goal is permanent U.S. residence, consider employer‑sponsored immigrant visas such as EB‑3 or EB‑1. Begin by securing a qualifying job offer and employer petition. Temporary visas may later transition into green card eligibility.

U.S. Income Taxes and Immigration Consequences

Work visa holders must file U.S. tax returns on global income if considered tax residents. Dual taxation treaties may apply. Unauthorized work or visa violations can jeopardize status or green card applications.

Immigrant visa to work in the U.S.

Permanent visas (EB‑1 through EB‑5) are documented as immigrant visas. They require a sponsoring employer (except EB‑5 investors), labor certification, and visa petition outcomes to be approved before adjustment of status or consular processing.

Learn about permanent work visas

Permanent work visas include EB‑3 (professional/skilled/unskilled), EB‑2 (advanced degree or national interest waiver), and EB‑1 (extraordinary ability). Each has specific eligibility criteria and waiting times.USCISUSCIS

How much does a US work visa cost?

Approximate fees (employer may pay):

• H‑1B: $460 (base) + $750–1,500 (ACWIA) + $500 fraud fee + optional premium processing
  
• L‑1 / O‑1 / E‑3: around $460 filing + supporting documentation
  
• H‑2B / H‑2A: DOL processing + USCIS fees; cost depends on group petition
  
• EB‑3 / I‑140: $700‑$1,225 filing fees + legal costs for PERM and adjustment. InvestopediaPassage Immigration Law
  

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FAQ

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

File the appropriate petition (e.g., I-129 for temporary visas or PERM/I‑140 for EB categories), demonstrate job offer and wage compliance, and submit required supporting documents and fees to USCIS.

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

Begin with filing a PERM labor certification, then file an I‑140 petition. Once approved and the priority date becomes current, file an adjustment of status (I‑485) or a visa application abroad.

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

No formal limit on applications, but temporary categories like H‑1B have duration limits (e.g., 6 years). Renewal eligibility depends on prior approvals and visa-specific rules.

How much does an employer of record charge in the US?

Employer of Record (EoR) services typically charge 10%–20% of the employee’s salary plus setup fees, depending on service scope. They handle payroll, compliance, and immigration logistics.

What are the risks of using an employer of record service?

Risks include loss of direct oversight, higher fees, potential legal liability for misclassification, and dependency on third‑party compliance quality. Always vet EoRs carefully.