If you want to work legally in the US, it’s essential to know the requirements for employment-based visas.
Our immigration law firm in New Jersey guides you through every step of the process to obtain your business visa.
We help you gather the right documents, meet the requirements, and avoid mistakes that could affect your application.
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requirements for obtaining employment-based visas in the US in 2025
To apply for a permanent work visa in the US it is important to meet the following key points:
- Have the education, experience, or skills required by the visa category.
- Have an employer willing to sponsor the application.
- Comply with additional requirements such as forms, interviews, medical exams, and fees.
- Obtain a PERM labor certification from the Department of Labor (DOL), if the category requires it.
- Submit Form I-140 to USCIS as part of the sponsorship process.
- Have a job offer from an employer in the United States (in most cases).
To learn more about the requirements for a work permit in the United States, please don’t hesitate to contact us. Each case is unique, and we can help you find a legal solution.
How can an employer sponsor a foreign worker for permanent employment in the US?
If an employer in the US wishes to hire an individual permanently, they must initiate a sponsorship process.
This process may include obtaining a labor certification. This certification demonstrates that there are no US workers available for the position being offered.
Once obtained, the employer must submit it along with Form I-140 to USCIS to complete the permanent work visa petition.
What is a labor status certification and when is it required?
For many employment-based visas, the employer must obtain a labor condition certification from the DOL before filing the petition with USCIS. This certification demonstrates that:
- There are no American workers available or qualified for the position, and
- Hiring a foreigner will not negatively affect the wages or working conditions of local workers.
The application is submitted using Form ETA-9089. However, certain professions, such as nurses, physical therapists, and individuals with extraordinary abilities, are exempt from this requirement.
Main temporary work visas in the US
There are several temporary visas that allow you to legally work in the US, depending on the type of employment and your professional profile:
H-1B Visa: Specialty Occupations
Aimed at professionals with a bachelor’s degree or equivalent experience in fields such as technology, engineering, or medicine. Requires a job offer and prior approval from USCIS.
H-2B Visa: Temporary Non-Agricultural Work
Designed for seasonal or high-demand jobs in industries such as hospitality, landscaping, or construction. The employer must obtain DOL certification and USCIS approval.
O-1 Visa: Individuals with Extraordinary Ability
For those who have achieved outstanding recognition in fields such as the arts, sciences, education, business, or sports. Solid evidence of achievement and sponsorship from an employer or agent must be presented.
TN Visa: Professionals from Mexico and Canada
Created under the USMCA, it allows Mexican or Canadian citizens to work in specific professions.
E-1 Visa: Treaty Traders
For citizens of countries with trade agreements with the US that conduct a substantial volume of trade between the two nations.
E-2 Visa: Treaty Investors
Available to investors from US treaty countries who make a significant investment in a real, active business within the country.
P visa: Renowned artists and athletes
Awarded to internationally recognized athletes, artists, and entertainment groups who come to participate in specific events under contract.
How do I know if I qualify and meet the Requirements for employment-based visas in the US?
If you want to work in the United States for a limited period, you may qualify for a nonimmigrant visa as a temporary worker.
To do this, you must have a job offer and your employer must file a petition with USCIS on your behalf.
Once approved, you can begin your application. Classifications vary by job type, so it’s key to identify the appropriate category and review its specific requirements before applying.
How many employment-based visas are there in the United States, and how are they distributed?
Each fiscal year, the US government grants approximately 140,000 employment-based immigrant visas.
These visas also include spouses and children of applicants. These visas are divided into five preference categories based on the following:
- Skills,
- Education, or
- Applicant’s work experience.
In some categories, a permanent job offer and a sponsor who can file the petition with USCIS are required. Others require the applicant to be able to do so on their own.
What are the preference categories for obtaining a permanent worker visa in the us?
Permanent work visas are divided into five preference categories (EB-1 through EB-5), each with specific requirements:
- EB-1: For individuals with extraordinary ability, distinguished professors, researchers, and multinational executives. Labor certification not required.
- EB-2: For professionals with advanced degrees or exceptional abilities. Labor certification is required, except in certain cases.
- EB-3: For professionals, specialized workers, and other workers. Labor certification is required, with certain exceptions.
- EB-4: For special immigrants such as religious workers or staff of international organizations. Labor certification not required.
- EB-5: For investors who create jobs in the US through a significant investment. Labor certification is not required.
Each category has different conditions, so it’s key to identify which one fits your profile before starting the process.
Now you know more on how to comply with the requirements for employment-based visas in the US. However, if you’re undocumented, working legally is more complicated. Explore this topic in our blog: How to get a job in the United States while being illegal.
Is it difficult to obtain an employment-based visa in the US?
Obtaining a work visa in the United States can be complicated, as there are limited spaces, demanding processes, and requirements that vary by category.
In most cases, you need a formal job offer and an employer willing to sponsor your application. Additionally, factors such as your nationality, educational level, experience, and field of work influence your chances.
Can I get a US Business visa without a job offer?
Although most US work visas require a job offer from a sponsoring employer, there are some exceptions.
These include the E-1, E-2, and EB-2 visas with a national interest waiver (NIW). These options allow you to apply for a visa without having to be employed, provided you meet strict criteria in each case.
How much do employment-based visas for the United States cost?
The cost of applying for a work visa depends on the type of visa. The most common types, such as the H-1B or O-1, have consular fees ranging from $205 to $315.
Additionally, the employer must pay between $460 and more than $1,000 for the USCIS petition, plus additional fees if applicable (such as a $500 fraud detection fee). In other cases, fees may increase depending on the company or the applicant’s country.
How much bank balance is required for a business-based visa in the United States?
There is no fixed bank balance required to obtain a work visa in the United States.
However, in many cases, it is recommended to demonstrate financial solvency to cover the initial expenses of the trip and stay.
Do I need a lawyer’s help to qualify for employment-based visas in the United States?
Having a lawyer by your side is highly recommended to successfully meet the requirements for employment-based visas in the United States.
An error in documentation, visa selection, or filing with USCIS can result in delays or rejections.
That’s why attorney Carolina Curbelo offers you clear, personalized advice based on your immigration status. Call us today to begin your work visa application.
