The U.S. immigration system offers immigrant and nonimmigrant visas, each serving different purposes and requiring different application processes. Immigrant visas are for people seeking permanent residence in the U.S., while nonimmigrant visas are typically for those who plan to stay temporarily for work, study, tourism, or other specific purposes.

Immigrant visas are based on employment or family, with four employment-based preference categories. Employment First Preference (E1) includes people with extraordinary skills, outstanding professors and researchers, and multinational executives, so some of them can self-petition. Employment Second Preference (E2) is for professionals with advanced degrees or exceptional abilities, typically requiring a job offer unless they qualify for a National Interest Waiver (NIW). Employment Third Preference (E3) covers skilled workers, professionals with a bachelor’s degree, and unskilled workers, generally requiring labor certification. Employment Fourth Preference (E4) includes religious workers, certain U.S. government employees abroad, special immigrant juveniles, and others, without requiring labor certification. Nonimmigrant Visas are designed for people who intend to stay temporarily in the U.S. For work, the H-1B visa is for people employed in specialty occupations, typically requiring at least a bachelor’s degree or its equivalent. The process for obtaining an H-1B visa requires an employer to submit a petition to U.S. Citizenship and Immigration Services (USCIS). The L-1 visa is for company transfers in executive positions or those with specialized knowledge, allowing foreign workers to transfer to a U.S. branch of their company. The O-1 visa is for individuals with special abilities in fields like science, arts, or athletics. For students, the F visa is for those attending academic institutions or language programs in the U.S., and the M visa is for students in vocational or technical programs. The J visa is for exchange visitors participating in educational or cultural exchange programs, including professors and researchers.

The first step for many employment-based immigrant visa applicants is obtaining labor certification approval from the Department of Labor, particularly in the E2 and E3 categories. Once this certification is obtained, the employer must file the Immigrant Petition for Alien Worker (Form I-140) with USCIS, except for those with extraordinary abilities in the E1 category, who can self-petition. After the petition is approved, applicants undergo consular processing or adjustment of status to finalize their immigration status. For more information, reference the U.S. Department of State page for an exhaustive list.