Top U.S. Work Visas and Employment‑Based Green Cards Employers Should Know

Confused about which U.S. work visa fits your hiring needs or your career plans?

You’re not alone. Employers and professionals alike face dozens of visa categories—each with unique requirements, costs, and benefits. One wrong choice can mean delays, denials, or lost business opportunities.

At De Wit Immigration Law, we guide businesses and foreign nationals through this maze every day. To help you get started, we’ve broken down the most common U.S. work visas—both temporary and employment‑based green cards—so you can understand your options and plan with confidence.

Top 10 Temporary Work Visas U.S. Employers Use Most

When U.S. employers need to fill short‑term or seasonal roles, temporary work visas provide a way to bring in qualified talent legally. These visas each serve different industries and job types, with specific eligibility rules and limits. Below are the most common temporary work visas, according to the Department of State, and what they offer.

1. J-1 Exchange Visitor Program: Cultural Exchange with Business Benefits

2024 Visas Issued: 322,820

The J-1 program leads all work visa categories by volume because it encompasses multiple subcategories beyond traditional employment, from interns and trainees to scholars and au pairs.

Business Applications

Key J-1 categories for employers include:

  • Interns: Students or recent graduates seeking up to 12 months of training
  • Trainees: Professionals with degrees or five years experience (up to 18 months)
  • Specialists: Experts sharing knowledge with U.S. colleagues (up to 12 months)
  • Scholars: Academic appointments for teaching or research

Strategic Advantages & Considerations

Advantages:

  • Available year-round without numerical caps
  • Programs managed through designated sponsor organizations
  • Enhances workplace diversity and international perspective

Considerations:

  • Programs include a learning and cultural exchange component and are not intended to replace regular employment
  • Two-year home residency requirement after completing the J-1 program for some participants
  • Processing times vary by sponsor organization

2. H-2A Agricultural Worker Program: Addressing Seasonal Farm Labor Needs

2024 Visas Issued: 315,328

The H-2A program has grown dramatically in recent years as agricultural employers face increasing labor shortages for seasonal work.

Business Applications

This visa is specifically designed for temporary agricultural labor, including:

  • Planting and harvesting crops
  • Livestock production
  • Dairy farming

Strategic Advantages & Considerations

Advantages:

  • No annual cap, available without numerical limitations
  • Allows employers to bring back the same workers each season
  • Group processing for multiple workers in a single petition

Considerations:

  • Employers must provide free housing meeting strict standards
  • Transportation costs to and from workers’ home countries are employer’s responsibility
  • Must pay the higher of the Adverse Effect Wage Rate, prevailing wage, or minimum wage
  • Must demonstrate that qualified U.S. workers are unavailable

3. H-1B Specialty Occupation: Professional Talent for Specialized Roles

2024 Visas Issued: 219,659

The H-1B visa remains the cornerstone of professional hiring for many U.S. employers, despite its competitive lottery process.

Business Applications

Designed for positions requiring specialized knowledge and at least a bachelor’s degree, including:

  • Information technology and engineering
  • Financial analysis and scientific research
  • University teaching and healthcare specialties
  • Other professional roles requiring degree-specific knowledge

Strategic Advantages & Considerations

Advantages:

  • Allows pursuit of permanent residency (dual intent)
  • H-4 spouses may qualify for employment authorization
  • Structured process familiar to many employers

Considerations:

  • Annual lottery with approximately one-third selection rate
  • Registration in March for October start dates
  • Must pay government-determined prevailing wage
  • Consider backup visa options for candidates not selected

4. H-2B Non-Agricultural Temporary Workers: Seasonal Workforce Solutions

2024 Visas Issued: 139,541

The H-2B program provides vital staffing for seasonal businesses outside agriculture, particularly in hospitality, landscaping, and construction.

Business Applications

Serves employers with seasonal, peak load, intermittent, or one-time needs:

  • Hotels and resorts in tourist destinations
  • Landscaping and groundskeeping companies
  • Construction projects and food processing
  • Amusement parks and recreational facilities

Strategic Advantages & Considerations

Advantages:

  • Designed specifically for predictable seasonal business cycles
  • Experienced workers can return in subsequent seasons
  • Additional visas often become available mid-year

Considerations:

  • Limited to 66,000 new visas annually (33,000 per half-year)
  • Position must be genuinely temporary

5. E Visas: Treaty Traders and Investors Building U.S. Operations

2024 Visas Issued: 60,963

E visas offer unique opportunities for business owners and entrepreneurs from countries with qualifying treaties with the United States.

Business Applications

E visas serve two main business purposes:

  • E-1 Treaty Trader: For individuals engaged in substantial international trade between the U.S. and their treaty country
  • E-2 Treaty Investor: For those who have made or are actively investing substantially in a U.S. business

Strategic Advantages & Considerations

Advantages:

  • Business owners can sponsor themselves
  • No degree requirements – evaluated on business expertise
  • Unlimited extensions while the qualifying business continues
  • Spouses receive automatic work authorization

Considerations:

  • Only available to nationals of countries with qualifying treaties
  • The business must be at least 50% owned by treaty country nationals

6. L-1 Intracompany Transferee: Building Global Teams

2024 Visas Issued: 71,799

The L-1 visa enables multinational companies to transfer key personnel from foreign offices to U.S. operations, facilitating global mobility and knowledge transfer.

Business Applications

This category serves two distinct business needs:

  • L-1A: For executives and managers transferring to U.S. offices (up to 7 years)
  • L-1B: For employees with “specialized knowledge” of company products, processes, or procedures (up to 5 years)

Strategic Advantages & Considerations

Advantages:

  • Available year-round without numerical limitations
  • Allows pursuit of permanent residency (dual intent)
  • Larger companies can streamline transfers with blanket petitions
  • Can be used to establish new U.S. operations
  • L-2 spouses receive automatic work authorization

Considerations:

  • Must demonstrate qualifying corporate relationship between entities
  • Foreign national must have worked for overseas entity for at least one year within three years before transfer
  • Specialized knowledge must be specific to the company
  • New office approvals limited to one year initially

7. P Visas: Bringing International Talent to U.S. Audiences

2024 Visas Issued: 34,786

P visas support the entertainment and sports industries by enabling internationally recognized performers, athletes, and artists to participate in U.S. events and performances.

Business Applications

The P visa category includes:

  • P-1A: For internationally recognized athletes
  • P-1B: For members of internationally recognized entertainment groups
  • P-2: For artists or entertainers in reciprocal exchange programs
  • P-3: For artists or entertainers in culturally unique programs

Strategic Advantages & Considerations

Advantages:

  • Entire teams or performance groups included in a single petition
  • Support staff can receive related P-1S, P-2S, or P-3S visas
  • Athletes can stay up to 5 years; entertainers typically 1 year
  • Recognizes cultural significance of unique performances

Considerations:

  • Must demonstrate international recognition through awards, rankings, or reviews
  • Requires specific schedule of events or performances
  • Entertainment groups must maintain 75% of members for at least one year

8. O-1 Extraordinary Ability: Attracting the World’s Best Talent

2024 Visas Issued: 19,457

The O-1 visa recognizes individuals at the very top of their fields, from Nobel Prize winners to startup founders revolutionizing their industries.

Business Applications

The O-1 serves various business needs across industries:

  • O-1A: For extraordinary ability in sciences, education, business, or athletics
  • O-1B: For extraordinary ability in arts or extraordinary achievement in motion picture/television

Strategic Advantages & Considerations

Advantages:

  • Available year-round without numerical limitations
  • Initially granted for up to three years with unlimited extensions
  • Can work for multiple employers with proper documentation
  • Based on achievement rather than formal education

Considerations:

  • Requires substantial documentation of national or international acclaim
  • Usually requires advisory opinion from relevant peer group
  • Must demonstrate sustained recognition, not just past achievements
  • Field of extraordinary ability must be clearly defined

9. TN USMCA Professional: Streamlined Access to North American Talent

2024 Visas Issued: 15,672

Created under the United States-Mexico-Canada Agreement (formerly NAFTA), the TN visa provides expedited access to professional talent from Canada and Mexico.

Business Applications

Limited to professionals in specific occupations listed in the USMCA, including:

  • Engineers (all disciplines)
  • Scientific technicians and technologists
  • Computer systems analysts
  • Management consultants
  • Healthcare professionals (with restrictions)
  • University professors and researchers

Strategic Advantages & Considerations

Advantages:

  • Canadians can apply directly at ports of entry (same-day processing)
  • Available year-round without numerical limitations
  • Generally less expensive than H-1B processing
  • Can be extended indefinitely in three-year increments

Considerations:

  • Limited to approximately 60 professional categories in the USMCA
  • Only available to Canadian and Mexican citizens
  • Most categories require at least a bachelor’s degree in the specific field
  • Position must align closely with the USMCA professional category

10. R-1 Religious Workers: Supporting Religious Organizations

2024 Visas Issued: 5,186

The R-1 visa allows religious workers to carry out their vocation in the United States, serving religious organizations ranging from local congregations to international ministries.

Business Applications

This specialized category serves religious organizations needing:

  • Ministers and religious leaders
  • Workers in religious vocations
  • Workers in religious occupations

Strategic Advantages & Considerations

Advantages:

  • Specifically designed for religious organizations’ unique needs
  • Initial period of up to 30 months, with one extension for total of 5 years
  • Can lead to special immigrant religious worker green card
  • Available year-round without numerical limitations

Considerations:

  • Worker must have been a member of the religious denomination for at least 2 years
  • Sponsoring organization must be a bona fide non-profit religious organization
  • USCIS may conduct unannounced site visits to verify legitimacy
  • Work must relate to traditional religious functions

Most Common Types of Employment‑Based Green Cards

Employment‑based green cards are for workers who want to live and work in the U.S. permanently. Each year, about 140,000 green cards are available across five preference categories.

According to the USCIS report “Form I‑140 by Fiscal Year, Quarter and Case Status (Fiscal Year 2025, Quarter 2)”, more than 115,000 I‑140 petitions were filed and over 69,000 were approved in the first half of FY 2025, with EB‑2 and EB‑3 categories making up the largest shares.

EB‑1: Priority Workers

Covers three distinct categories:

  1. EB-1A – Individuals with extraordinary ability in the sciences, arts, education, business, or athletics.
  2. EB-1B – Outstanding professors and researchers.
  3. EB-1C – Multinational executives and managers.

Labor Certification: Not required.

Family Eligibility: Once the EB-1 petition is approved, spouses and unmarried children under 21 may apply for immigrant visas or adjustment of status.

FY 2025 so far: Over 15,000 EB-1 approvals, reflecting strong demand for top talent across all three categories.

EB‑2: Advanced Degree or Exceptional Ability

For professionals with advanced degrees (or foreign equivalents) or those with exceptional ability in sciences, arts, or business.

  • Labor Certification: Required unless applying under a National Interest Waiver.
  • Family Eligibility: Spouses and children can apply once the EB‑2 is approved.
  • FY 2025 so far: More than 32,000 EB‑2 approvals, making this the largest employment‑based category.

EB‑3: Skilled Workers and Professionals

Covers professionals with at least a bachelor’s degree, skilled workers with at least two years of training or experience, and certain other workers filling permanent roles.

  • Labor Certification: Required.
  • Family Eligibility: Spouses and children can apply once the EB‑3 is approved.
  • FY 2025 so far: Over 21,000 EB‑3 approvals, showing strong demand for these roles.

EB‑4: Certain Special Immigrants

For certain religious workers, employees of U.S. foreign service posts, retired employees of international organizations, and other special groups.

  • Labor Certification: Waived.
  • Family Eligibility: Some family members may also qualify.

EB‑5: Immigrant Investors

For individuals who invest significant capital in a new U.S. business that creates at least 10 full‑time jobs.

  • Labor Certification: Waived.
    Family Eligibility: Investors’ spouses and children can apply after approval.

How Employers Can Tell Which Visa They Need

Choosing the right visa type depends on your hiring goals, the nature of the job, and the qualifications of the worker. Before you start the process, ask yourself:

  • Is the position temporary or permanent?
    Temporary roles may call for nonimmigrant visas, while long‑term hires might justify an employment‑based green card.
  • Does the job require a specific degree, license, or advanced expertise?
    If so, you may need a specialty occupation visa like the H‑1B or E‑3.
  • Is the work seasonal, peak‑load, or year‑round?
    Seasonal needs often fit H‑2A or H‑2B programs, while ongoing roles require different options.
  • Will the employee work in agriculture, a specialty occupation, management, or another field?
    The type of work narrows down which visa categories you can use.
  • Are you prepared to complete labor certifications or petitions with the Department of Labor and USCIS?
    Some visas require extra steps like prevailing wage determinations and certified applications.
  • Do you expect to hire a small group or a large workforce?
    Certain programs scale better and offer per‑group pricing or petition structures.
  • Is the candidate already in the U.S., or will they apply from abroad?
    Processing requirements can differ depending on where the worker is located.

Thinking through these questions early helps you avoid delays and choose the most efficient path to meet your staffing needs.

Work With De Wit Immigration Law to Get It Right

Hiring foreign talent can be transformative for your business — but navigating U.S. immigration rules is high‑stakes.

Our team at De Wit Immigration Law helps employers identify the right visa category, prepare strong petitions, and stay compliant every step of the way.

Let us help you build the workforce you need.

Contact De Wit Immigration Law today to schedule a consultation and get tailored guidance for your hiring goals.

Author Bio

Jose Carlos de Wit, Founder, and Lead Attorney at De Wit Immigration Law, P.A., practices all areas of U.S. employment immigration and nationality law. A UC Berkeley Law graduate and Guatemalan immigrant, Jose brings firsthand experience to his work. He focuses on representing entrepreneurs, investors, startups, and outstanding individuals in employment-based visa petitions.

Jose’s extensive litigation experience includes cases in immigration court, the Board of Immigration Appeals, and federal courts. Before founding his firm, he practiced commercial litigation and immigration law at boutique and large international firms. A former award-winning newspaper reporter, Jose is fluent in English and Spanish.

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