There are several immigration categories available to non-immigrants who possess the knowledge and professional skills gained by receiving a bachelor’s, master’s, or doctoral degree.
Many professionals with U.S. university degrees are offered sponsorship in the United States under the H-1B temporary worker visa category. The employment must be in a "specialty occupation." A "specialty occupation" is one which requires theoretical and practical application of a body of highly specialized knowledge to fully perform the occupation and which requires a bachelor’s degree or higher in a specific field as the minimum requirement for entry into the occupation. In addition, the applicant must hold the specific degree required for the “specialty occupation.” For more information on H-1B temporary worker status, please click here.
Helen Konrad & Mark Rhoads, Attorneys at Law with the McCandlish Holton Immigration Practice Group, have prepared a guide, Hiring Foreign Graduates, which outlines the H-1B process for prospective employers.
There are several non-immigrant statuses available to internationals who possess the knowledge and professional skills gained by receiving a Bachelor's, Master's or Ph.D. degree. Although many professionals with U.S. university degrees apply to work in the United States under the H-1B category, non-immigrants should be aware of some of the other visa categories which may be available to them. Below is a summary of visa statuses which may be of interest to recent U.S. graduates and other non-immigrants.
A-1 Visas
A-1 visas are used for diplomats and their immediate family members. (There are also A-2 visas for other government officials and their immediate family members and A-3 visas for attendants and servants of A-1's and A-2's). If a non-immigrant will be employed by an embassy, the embassy must work with the U.S. Department of State (DOS) to obtain clearance for an A visa. In addition, the non-immigrant is usually required to carry a diplomatic passport. All of the immigration work is completed by the embassy.
E-3 Visas
The E-3 visa is for nationals of Australia to work in specialty occupations in the United States. This employer-sponsored status is similar to the H-1B. It may be obtained in increments of up to two years and there is no limit on the total length of stay for an E-3 visa holder. E-3 dependents may also obtain work authorization from U.S. Citizenship & Immigration Services (USCIS). There is an annual cap of 10,500 E-3 visas.
G-4 Visas
G-4 visas may be offered by designated international organizations. The best known G-4 granting organizations in the Washington, D.C. area are the World Bank and the International Monetary Fund (IMF), both large employers of international postgraduates in business, economics, demography, public policy, etc. An international organization qualified to offer G-4 visas will request clearance for that status for the prospective employee from DOS. The beneficiary may be required to undergo a medical exam. If all requirements are met, the international organization will submit the employee's passport to DOS, which will process the change of status and place a G-4 visa stamp in the passport. All visa work is completed by the international organization.
H-1B and TN Visas
H-1B is a professional work status which is granted for up to six years. TN status is granted to Canadian and Mexican citizens only and is analogous to the H-1B status, except that TN status can be renewed indefinitely. Please consult other OIP handouts on these subjects ("General Information About H-1B Visas" and "TN Status for Canadian and Mexican Citizens") for more information.
I Visas
"I" visa status is available for aliens who are representatives of foreign press, radio, film, or other foreign information media. This status is generally indefinite while employed and may be requested at a U.S. embassy with a letter of verification from the foreign employer. An international press pass is also sometimes necessary and the employer must pay the alien outside the United States. Individuals in "I" status may study part-time in addition to their employment, while their dependents may study full-time but may not work. If the alien changes media-affiliated employers, s/he must notify USCIS.
J-1 Scholar Visas
J-1 Exchange Visitor status (Scholar categories) is particularly useful for postdoctoral students. Although some aliens are subject to the two year home residency requirement with J-1 status, many are not. J-1 scholar status is valid for up to five years of teaching or research, it is offered at most universities providing postdoctoral employment opportunities, and it permits J-2 family members to study full or part-time and/or apply for work permission from USCIS. In addition, J-1 scholars are often exempt from taxes for a period of time under various tax treaties (unlike H-1B recipients, who must pay social security deductions as well as state and federal taxes). As postdoctoral salaries can be very low, this tax exemption can be a considerable benefit. F-1 students may file for a change of status to J-1 scholar inside the United States, but J-1 students must depart the United States in order to change from the J-1 student category to J-1 scholar. Requests to change to another Exchange Visitor category from within the United States are generally denied by DOS.
L-1 Visas
L-1 visa status is available for "Intracompany Transferees." To qualify, the applicant must be continuously employed full-time with the petitioning employer for at least one year prior to the L-1 application and must "possess specialized knowledge of the company product and its application in international markets or must possess an advanced level of knowledge of the processes and procedures of the company." The company requesting L-1 status for the employee must file Form I-129 with USCIS. Filing for this status normally requires the assistance of an immigration attorney.
O-1 Visas
O-1 visa status allows "aliens of extraordinary ability in the sciences, arts, education, and business" to be employed in the United States. O-1 status requires the following items: 1) a written consultation from a peer group in the alien's area of ability, 2) a copy of any written contract between the employer and the alien, or a summary of the oral agreement under which the alien will be employed, 3) copies of evidence related to services the alien will perform, and 4) evidence that the alien received a major, internationally recognized award or that the alien meets at least three qualifications from the list of examples.
More information on these and other immigration categories is also available on the U.S. Citizenship and Immigration Services website.