Published by Mei in Work Visas | Updated 2024
There are several paths to working in the USA in your specialist field – we have selected the pertinent ones out of the potential 22 visa types below.
We have not included the possible student visas as we are concerned that if you are already an ‘expert in your field’ the USCIS might question why are you on a student visa. We ask that you consider that on your visa journey.
O1 Visa
The most coveted visa is the Arts O1-B visa or the O1-A for Business, Sciences, Education and Athletics. There are issues for actors (READ HERE). We cover these visas in depth on our site – BEGIN HERE.
EB-1 Extraordinary Green Card
The more permanent option is the EB-1 Extraordinary Green Card. We cover these visas in depth on our site here.
NIV (National Interest Waiver)
If you are an artist that is culturally important eg Moroccan Tile Artisan or an Irish Dancer then you may be a good candidate for the NIW (National Interest Waiver) green card [Read more here]. Application is similar to the EB-1 visa application.
Diversity Visa Program
If you are from a country that is eligible to apply, the diversity visa is a great way to get your green card. This is a free lottery and held once a year. It usually kicks in for the following year. Only enter through this site https://dvprogram.state.gov/ Ensure it is the ‘.gov’ website. There are many scams. [MORE HERE]
H1B
Have a read of our H1B discussions. H1B and the Green Card and H1B and the O visa. There is an annual allowance of 65,000 H1B visas, the standard professional visa. There were 308,613 H-1B registrations in 2022 and only 87,500 have been initially selected 87,500. This is the standard professional working visa, but as there’s only 65,000 issued a year and you must have at least a bachelor’s degree to apply. (Plus another 20,000 for those with Masters degrees from a US University). As it is a lottery there is a lot of luck involved and if chosen it will be valid for 3 years initially, and then can be renewed for a maximum stay of 6 years. With the massive tech layoffs from the pandemic it is wise to move to either the O visa or EB1 for security and control of your career.
L-1
The L1 is for intra-company transfers. This is an excellent way to the USA. Many banks bring in foreign staff using this route. To apply you should be employed by a related company in a foreign country for at least one year before applying to be transferred to the US company. The initial period for this visa is 1 year if you setting up a new company in the US, but can be renewed for up to a maximum stay of 5-7 years.
P‑1 Athlete
P Visas are fantastic and we will go through them further in another article – it is wise to move onto the O visa to avoid missing opportunities that might appear eg if you are a tennis pro and get asked to perform at an exhibition match after your competition – this visa is for a specific event and you might not be allowed to partake. [We discuss their pros and cons here.] Application is similar to the O visa application.
P‑1B Arts, P-2 and P-3
The P-1B classification applies to you if you are coming to the US temporarily to perform as a member of an entertainment group that has been established for a minimum of one year and recognized internationally as outstanding in the discipline for a sustained and substantial period of time.
The P-2 classification applies to you if you are coming temporarily to perform as an artist or entertainer, individually or as part of a group, who will perform under a reciprocal exchange program between an organization in the United States and an organization in another country. It is restrictive as you must be an artist entering the United States through a government recognized reciprocal exchange program.
The P-2 is for Culturally Unique Performers, Teachers, or Coaches – Open to individuals or groups that are coming to the U.S. to perform, teach, or coach in a commercial or noncommercial program that is culturally unique. Compensation is not a factor in P-3 cases.
P visa applications are very similar to the O visa application. Check out our O1B visa information as it may be relevant to you.
J Visa
Internship visas – After studying you can apply to work in the US on a J visa. Warning: this visa may have a stipulation that you leave for 2 years before you return to the US.
To find a company that is willing to handle your J visa application might be difficult so it is best that you are on top of the application to alleviate any concerns. The larger companies will have more experience with dealing with these visas. As mentioned above as this is a ‘student visa’ we are reticent to included it here on our site. We are concerned that if you are already an ‘expert in your field’ the USCIS might question why are you were just on a student visa. We ask that you consider that on your visa journey.
E2
This is the closest thing to a startup visa that exists; it’s meant for entrepreneurs setting up a new business in the US and investing a significant amount of money. However, you have to be from one of the countries the US has a treaty with. The amount of money you need to invest will vary according to the business, and there’s no hard and fast rules on this, but it must be substantial in relation to the overall costs of setting up the business. I’ve heard some people say you need to invest at least $100k, but I know someone who invested only $40k. There’s a couple of nice things about this visa; it can be indefinitely renewed, and your spouse is eligible for a work visa too. The big gotcha is that with an E2 there is no official path to a green card. That means you’ll permanently be regarded as a non-resident alien. This is a simple application that you can file though the US Embassy website in your country.
E-3
The E-3 classification applies only to Australian nationals. You must be coming to the US in order to solely perform services in your specialty occupation. The specialty occupation requires theoretical and practical application of a body of highly specialized knowledge and the attainment of a bachelor’s or higher degree in the specific specialty, or its equivalent, as a minimum for entry into the occupation in the US. Thinking from the US’ point of view it’s about enriching the workspace of America – how can you add value. You can sponsor yourself on your own company.
Visa Waiver Program
If you are from one of the 37 countries that participate in the USA’s Visa Waiver Program (VWP) you may enter the US for up to 90 days for business, tourism, visiting or pleasure. That means you book a flight, apply for your ESTA online (authorization to travel), and then your entry will be assessed at the port of arrival by Customs and Border Protection. This is a simple application that you can file though the US Embassy website in your country.
B Visa
Chose between the B-1 or B-2. If you want to stay for more than 90 days, or you are from a country outside of the VWP, you should be able to apply for a B visa. You can come here for business, but you cannot work in the US with one of these. The B visa can be issued for up to ten years, but each entry is usually for 6 months. Up to 12 months is possible, but unusual. In my opinion, the B visa is a good option if you can’t apply for another visa, aren’t ready to, and don’t want the hassle and expense of flying home every 3 months. Just to reiterate, you cannot work for a US company while you’re here on a B visa, so this is really just a stop gap. B visas are easy to apply for and you can do it yourself online through the US Embassy website of your country.
Jason, Mei, Julianne and I all came out here on either O visas or EB1s. We know of an Irish dancer who came out on an NIW but most actors/artists go for the O1 and then move up to the EB1. Going straight for the EB1 is what an actor friend did – he was working in UK on East Enders and had done work in the West End. .
—
All articles are written from our experiences and the experiences of our colleagues. These are fantastic visas and we wish to empower others in applying. This information is for general guidance only and shouldn’t be considered legal advice.
If you have any questions or encounter any issues that we have left out let us know – it is important that others are aware. Email here!