Relocating to the United States for work can unlock significant career opportunities, whether aiming to join a global tech hub or immerse yourself in a thriving creative scene. However, knowing how to get a work visa in the US is crucial for ensuring you meet all legal requirements and avoid avoidable setbacks. Different visa categories cater to various professions and durations, so picking the right one can significantly influence your experience abroad.

This guide demystifies work permits & visas in the US, highlighting common routes and the key challenges many expats face along the way. We’ll also delve into how an Employer of Record in the US offers a more streamlined approach, reducing administrative stress while helping you remain compliant with American regulations.

1. Types of work visas in the US

The United States implements a visa classification system that matches various skill levels, job sectors, and stay lengths. The first step toward a smooth entry is to recognize which category suits your background and goals. Below are some frequently used routes:

H-1B (skilled worker visa)

• Overview: Designed for specialized occupations requiring at least a bachelor’s degree or its equivalent.
• Sponsorship: You need a U.S. employer to submit a petition to the U.S. Citizenship and Immigration Services (USCIS) on your behalf.
• Limitations: Subject to an annual cap, except for cap-exempt employers like universities or research institutions.

L-1 (Intra-Company Transfer)

• Overview: For employees transferring within a multinational company, typically in managerial or specialized knowledge roles.
• Eligibility: Must have worked for the firm abroad for at least one continuous year in the preceding three years.
• Sub-categories: L-1A for managers or executives; L-1B for employees with specialized knowledge.

E-2 (Treaty Investor) and E-1 (Treaty Trader)

• Overview: Applicable to nationals of treaty countries who invest in or conduct substantial trade with the U.S.
• Advantages: Allows you to operate and manage your U.S. business actively.
• Limitations: Only citizens of countries with treaties of commerce and navigation with the U.S. can apply.

O-1 (Extraordinary Ability)

• Overview: For individuals with exceptional skills in science, arts, education, business, or athletics, recognized via national or international acclaim.
• Key benefit: No annual quota, and typically more flexible if you can prove your extraordinary achievements.

J-1 (Exchange Visitor)

• Overview: Suited for cultural exchange programs, internships, or research.
• Restrictions: Some J-1 categories may require you to return to your home country for two years before changing status.
• Sponsors: Must be part of an authorized exchange program.

For official information on visa policies and immigration updates, see the USCIS website. If you need details on visa classifications and application procedures, check the U.S. Department of State for the most current guidance.

2. Key challenges expats face

Even with a clear framework in place, moving to the US for work can feel overwhelming. You may need to supply a valid job offer, academic proof, financial records, and labor condition applications (LCAs), and any missing item can stall the process.

Immigration rules also evolve, especially around H-1B caps or changes to inter-company transfer policies, so relying on outdated information risks errors. Failing to submit correct paperwork or overstaying your authorized duration could result in a denied visa or future entry bans.

On top of that, juggling personal relocation tasks and job preparations adds pressure, where one mistake could postpone your starting date by several weeks.

3. How Employer of Record (EOR) services simplify the process

An Employer of Record in the US can make a marked difference for expats, helping you address common hurdles like:

• Regulatory know-how: EORs regularly handle U.S. labor laws, state-specific requirements, and visa compliance, ensuring minimal risk of mistakes.
• Streamlined hiring: They coordinate with your prospective employer to confirm the correct visa category and assist with documentation.
• Reduced administrative stress: While you focus on housing and family logistics, the EOR oversees HR tasks and payroll, keeping you fully compliant under local laws.

Anna, a Swedish product designer, tried multiple times to secure a U.S. work visa on her own but got stuck figuring out whether an H-1B or O-1 category suited her. When she partnered with an Employer of Record (EOR), they reviewed her credentials, clarified that her role qualified for H-1B, and guided her through the required Labor Condition Application. Within a few weeks, Anna obtained her approval and finally landed in San Francisco, grateful for the EOR’s targeted support that ended her visa confusion.

4. Your step-by-step guide to obtaining a work visa in the US

Use the following roadmap to navigate how to get a work visa in the United States:

• Identify the right visa category
  Pinpoint which classification suits your background and job offer. For a specialized role requiring a bachelor’s degree, the H-1B might be your best match. If you’re transferring from a foreign branch of your company, L-1 is more appropriate.
• Prepare essential documents
  Compile a valid passport, job offer letter, academic records, and any sponsor documents like an LCA (for H-1B) or proof of specialized knowledge (for L-1B). Double-check requirements listed by USCIS or the U.S. Department of State.
• Submit an application
  In most cases, your employer files a petition on your behalf (e.g., Form I-129 for H-1B, L-1, etc.). You’ll then apply for a visa at a U.S. embassy or consulate if you’re outside the U.S. Pay the associated fees and schedule an interview, if required.
• Await a decision
  Processing times vary significantly based on visa category, demand (like the H-1B cap), and consular workloads. Track your petition status via USCIS online or local embassy websites for interview and visa issuance steps.
• Enter the U.S. and maintain compliance
  Upon approval, you’ll receive a visa stamp in your passport or be granted a change of status if you’re already in the U.S. Remember to adhere strictly to your authorized duration and conditions to avoid future immigration issues.

For detailed guidance on working in the United States, visit USCIS: Working in the United States. You can also explore U.S. Department of State Visa Information for the latest updates on visa categories and application steps.

5. Making your transition smoother with professional support

U.S. immigration rules can shift due to legislative acts or policy directives, so relying on up-to-date sources—such as USCIS or DHS announcements—helps avoid confusion. Make a habit of checking official sites or reputable legal blogs.

Working with an Employer of Record spares you from creating a local entity or grappling with HR complexities on your own. For expats, this partnership ensures your contract aligns with both U.S. labor standards and your visa category, making your move considerably smoother.

If your objective is permanent residence or eventual naturalization, be aware that certain visas (like H-1B) may pave the way to a Green Card. In contrast, others (like J-1 or E-2) have more restrictive paths. Planning your route early can help you transition seamlessly if you decide to stay in the U.S. for the long haul.

Conclusion: your next steps

Securing work permits & visas in the US may appear complicated, but choosing the right category and preparing solid documentation puts you on the path to success. Partnering with an Employer of Record reduces the administrative hurdles that can delay or derail relocation plans.

From H-1B to O-1 or E-2, pick the option that best fits your professional goals and qualifications. Keep track of changing cap rules, labor condition requirements, and other updates to stay in legal standing. EOR services or licensed immigration attorneys can clarify, ensuring you submit an error-free application and remain compliant.

Ready to embark on your American adventure? Contact us to explore how an Employer of Record in the US can support your job aspirations, handle complex paperwork, and help you settle confidently into a new life and career.