Venturing into the American business environment requires a solid understanding of local regulations, particularly concerning work visas. These are crucial elements for global teams aiming to expand. As a specialized Employer of Record in the USA, we possess in-depth knowledge of American work visas and local regulations. Understanding the details is essential for legal compliance and successful business operations when bringing in new talent or expanding your business in the United States.

This article highlights the key points you need to know to integrate your workforce within the USA’s legal framework smoothly. We will explain the various visas, the visa requirements, the types of visas that may suit you, and the necessary steps to obtain them.

Who needs a visa to work in the USA?

In the USA, there are no work permits; you have to apply for a visa to work in the country. There is no general work visa for the USA. However, companies or their foreign employees who wish to work in the United States have a wide variety of work visas available.

Work visas for the USA are visa types for a temporary work stay. They, therefore, are only entitled to temporary employment in the USA. Temporary employment includes, for example, business trips or postings to the States. If you wish to live and work permanently in the United States, you must apply for an immigrant visa, also known as the Green Card.

No visa without a job offer

To obtain a work visa, there must always be a concrete job offer. The background to this is that it is not the future employees who apply for the work visa, but always the US company that acts as the official applicant (petitioner) for the foreign employees (beneficiary). Therefore, if you dream of working in the USA, the first step is to look for a job. Once you have found an employer in the USA, they will file a petition on your behalf for permission for you to work in the USA. Then the actual visa application is filed.
There are exceptions, for instance: those already working in the US can adjust their status to a work visa under certain conditions. The Green Card offers unlimited residence permits and work permits for the USA.

Types of USA visas

1. E-1 Visa

   The E-1 visa, also known as the Treaty Trader Visa, allows key company individuals, such as managers, to stay in the United States to trade goods, technology, or services. It is a subcategory of the E-visa and is intended for citizens of countries with trade treaties with the USA.

2. E-2 Visa

   The E-2 visa, or the Treaty Investor Visa, is for companies that want to invest significant capital in the American economy. Once a company is “E-registered,” additional employees can obtain an E-2 visa through a simplified process. This visa is based on bilateral treaties; agreements made by negotiations between two countries, in this case, the USA and another country. It is available to nationals of around 80 countries.

3. L-1 Visa

   The L-1 visa is for the internal transfer of employees within a group of companies from a foreign location to a U.S. location. This visa is suitable for longer-term assignments and requires the U.S. company to have been active for at least one year, though there are provisions for newer offices.

4. H-1B Visa

   The H-1B visa allows temporary employment for foreign nationals with an academic degree or equivalent and a corresponding U.S. job offer. This visa is for specialized professionals such as engineers, scientists, and architects and has strict entry requirements and numerical limitations.

5. O-1 Visa

   The O-1 visa is for individuals with extraordinary ability in fields such as science, education, business, or athletics. This visa requires high skill, recognition, and professional accomplishments and is available through a U.S. company, organization, or agent.

For more information on the different types of visas, you can visit the US Visa Service website.

How to obtain a work visa

Obtaining a visa involves several steps, including choosing the right type of visa, completing application forms, and preparing for a visa interview. For example, applying for an E-2 visa generally involves a personal interview at a U.S. consulate or embassy in the applicant’s home country. Applicants must meet all requirements and have all necessary documents before submitting the visa application.

Why use an Employer of Record (EOR) when hiring in the USA?

Expanding your team in the USA is exciting, but navigating work visas can be challenging. The process is complex and varies by situation. This is where the American Employer of Record can assist. As specialists in facilitating companies’ international expansion into the USA, we take all the stress and hassle out of the process, ensuring all necessary steps are handled smoothly. Some of the benefits of using an EOR are:

1. Compliance: Employer of Record in the USA ensures that all legal and regulatory requirements are met, reducing the risk of non-compliance.
2. Payroll and Benefits: manage payroll and benefits for your employees in the USA, ensuring timely and accurate payments.
3. Streamlined Hiring: all the paperwork involved in hiring is handled, making the process faster and more efficient.
4. Expertise: extensive knowledge of local labour laws and visa requirements, providing valuable guidance throughout the expansion process.

How American Employer of Record can help

American Employer of Record can manage the entire process of hiring and onboarding employees in the USA, from obtaining work visas to setting up payroll. This allows you to focus on growing your business without worrying about the complexities of U.S. employment law.

Expanding your business into the USA can open up many opportunities. You can ensure a smooth and compliant transition by partnering with the Employer of Record in the USA. Contact us today to begin your successful business expansion into the USA.