Ways for U.S. Companies to Hire Foreign Workers

Hiring foreign talent can help U.S. companies grow, stay competitive, and fill key roles. But understanding the options for bringing workers to the U.S. can be confusing. In this guide, we’ll walk through the most common U.S. work visa and green card pathways available to employers.

Temporary Pathways to Hire Foreign Workers

U.S. companies have several temporary visa options to bring in skilled or essential workers. These visas are valid for limited periods and usually require employer sponsorship.

H-1B Visa (Specialty Occupations)

The H-1B visa is for workers in jobs that need a university degree or specialized knowledge. Common examples include engineers, IT professionals, and accountants. Employers must enter the worker into the US visa lottery, which takes place each spring. The number of available visas is capped at 85,000 each year.

To hire under this program, employers must pay the prevailing wage and file a Labor Condition Application (LCA). The process can be competitive and requires planning in advance.

L-1 Visa (Intra-Company Transfer)

The L-1 visa allows companies to transfer employees from an office abroad to one in the U.S. There are two types: L-1A for managers and executives, and L-1B for staff with specialized knowledge. The employee must have worked for the foreign branch for at least one year within the past three years.

TN Visa (Canada and Mexico)

The TN visa is available to Canadian and Mexican citizens under the USMCA trade agreement. It applies to specific professional roles like scientists, engineers, and teachers. There is no lottery or cap, and applicants must show proof of qualifications.

O-1 Visa (Extraordinary Ability)

The O-1 visa is for individuals who are top in their field. This includes scientists, athletes, artists, and business professionals. Applicants must provide evidence of national or international recognition, such as awards, published work, or media coverage.

E-2 Visa (Investor and Essential Workers)

The E-2 visa is for nationals of treaty countries who invest in or help run a U.S. business. It also allows companies to bring key employees who are essential to the business. The investor must show that they are placing a substantial amount of money at risk in a U.S. company.

Other Temporary Visas

Some roles may fall under different categories. For example, the H-2A visa covers seasonal agricultural jobs, while the H-2B visa is used for seasonal non-agricultural work, such as in hospitality. P visas apply to artists, athletes, and entertainers, while R-1 visas are for religious workers.

Permanent Residency Pathways for Employer-Sponsored Workers

If an employer wants to keep a foreign worker in the U.S. permanently, applying for a green card through employment is often the best option.

Employment-Based Green Card Categories

There are five main employment-based green card categories. The most common are EB-1, EB-2, and EB-3. EB-1 is for priority workers, including executives, top researchers, and people with extraordinary talent. EB-2 is for professionals with advanced degrees or exceptional ability in sciences, arts, or business. EB-3 is for skilled workers and professionals with a bachelor’s degree.

PERM Labor Certification Process

For most EB-2 and EB-3 green cards, employers must complete the PERM labor certification process. This shows that no qualified U.S. workers are available for the job and that the company is offering fair wages and working conditions.

The process includes advertising the job, recruiting for the position, and filing an application with the Department of Labor. Once approved, the employer can file an I-140 petition for the green card. The entire process may take one to two years.

Special Pathways for Certain Industries and Agreements

Some programs are tailored to specific sectors or international partnerships.

Free Trade Agreements

Certain countries have free trade agreements with the U.S. that allow for easier access to work visas. For example, the USMCA supports TN visas for Canadians and Mexicans, and the E-3 visa is available to Australian professionals.

National Interest Waiver (NIW)

The National Interest Waiver allows foreign nationals to apply for a green card without a job offer if their work supports the U.S. in areas like healthcare, science, or national security. It is often used by researchers and entrepreneurs.

J-1 Visa (Exchange Visitor Program)

The J-1 visa supports educational and cultural exchange. It’s common among interns, scholars, and medical graduates. Employers in research and academic fields often use this option to bring in foreign talent for training and collaboration.

People Also Ask

What is the easiest US work visa to get?

For eligible Canadian and Mexican citizens, the TN visa is often the easiest. It doesn’t have a yearly cap and offers quick processing. However, it only applies to specific occupations listed under the trade agreement.

How do I sponsor a foreign worker in the U.S.?

Employers must choose the right visa based on the worker’s role, submit documents to USCIS or the Department of Labor, and ensure they meet wage and job posting requirements. BorderPass offers support through every step of the process.

What is PERM labor certification?

PERM is the process employers follow to prove that there are no qualified U.S. workers available for a job. It involves advertising the position, documenting recruitment efforts, and getting approval from the Department of Labor before applying for a green card.

Key Takeaways

Temporary visas like H-1B, L-1, and TN allow U.S. companies to hire workers for specific timeframes and roles. Permanent hiring often requires a green card through an EB category, with PERM labor certification required in many cases. BorderPass helps employers identify high-demand roles and manage the hiring process from start to finish.