US Work Visas – Employee Guide:

There are 5 main ways an individual can obtain residency and work authorisation in the United States:

• Sponsorship by an Employer
• Investment
• Sponsorship by a close Family Member in the United States
• The Diversity Visa Lottery Program
• Asylum & Refugee Status

The main types of temporary US work visas are the H1B, the L1 and the E.

Lawful Permanent Residence –The 'Green Card':

For many people, obtaining a 'Green Card' is a significant personal goal. The technical term is 'lawful permanent residence', and the visa is no longer green, but we are happy to use the near-universally accepted term 'Green Card'.

The sad news is that it will generally take several years to obtain a green card, so your employer will probably want to use a temporary ('non-immigrant') visa to get you to the US; once you are there you can embark on the longer project of getting your 'Green Card'

Can I be a freelance contractor in the US?

Being a professional freelance contractor, in the way that IT professionals have been able to in Australia, the UK (pre IR35), and (albeit only recently) in much of Continental Europe, is not an option in the US.

This restriction is not linked to visa requirements. Indeed, agencies are able to sponsor visas, and in 1998/9 Computer People was the 2nd largest user of H-1B visas. However, in the US people do not normally act through personal service companies, because laws force them to be the direct employees of the agency.

H1B Speciality Occupation Visas:

This is a visa for people coming to the USA to work for a US employer in a professional-level position. Valid for 3 years initially, can be extended to 6.

If you wish to practice a profession such as law, medicine, or accountancy, etc, you will also need to obtain the relevant State or Federal licence to practice in the place of intended employment.

L1 Intra-Company Transfer Visas:

The L1 visa is used to transfer to a US parent, affiliate, subsidiary or branch office an employee from a related foreign company. There are two types of L1 visas:

• The L1A for Executive/Managerial staff
• The L1B for Specialist Knowledge staff
• L1 visas are issued for an initial 1 or 3 years.
• L1A visas can be extended to a maximum of 7 years.
• L1B visas can be extended to a maximum of 5 years

E Treaty Trader or Treaty Investor Visas:

These are visas for the employees of companies registered as Treaty Traders or Treaty Investors (i.e. those which undertake substantial trade with, or have made substantial investment in, the USA.)

E visas are now generally issued for an initial period of up to 2 years; they can be renewed indefinitely.

E-3 Visa for Australians:

In 2005, the US announced a new visa called the E-3, for Australians only. The E3 visa allows Australian nationals, along with their spouses and children, to come to the US to work in a specialty occupation.

This should be welcome news for Australians interested in working in the US. Until now, Australians have had to battle it out with others around the world for the highly desired H1B visa. A specialty occupation is one that requires a body of knowledge in a professional field, and at least a bachelor's degree or its equivalent, as a minimum for entry into the occupation in the United States. For Australians interested in the E3 visa, the process is actually quite similar to the H1B visa. You must first find a job with a company who will then sponsor your visa.

J-Visas:

Exchange visas can be obtained for 18 months through approved J visa programs. The aim of this program is to foster international relations by bringing exchange visitors into the US to acquire skills that can be utilised in their home country. These programs need to be designated by the United States Information Agency. If you wish to work for a short period of time, the easiest method may be on a J-1 exchange visitor visa.

Dependants:

Dependants of personnel with US work visas are not generally allowed to work in the US, unless they can qualify for a US work visa in their own right, and can find a US employer to sponsor them. Dependants can, however, engage in study in the US. The dependants of a US work visa holder obtain their derivative visas at the same time as the main visa holder.