How Can I Work in the U.S.?

A simplified guide to work and investor visas

Mateo had been living in Buenos Aires, Argentina almost his whole life. After some time in the U.S. learning in university, he headed home again to work in his family business. Mateo was hoping to come back to the US to live and work, and called us to find out about his options for working in the US.

He was open to looking for a job, but was also considering starting a business in the US. He grew up watching his parents start and build a business, and felt he might have the skills and knowledge to do it himself.

Work Visas

Work visas allow non-U.S. citizens to work legally in this country. When you enter the US on a tourist visa, you are not legally permitted to hold a job and earn income. If you do not have a family member to apply for you to get a green card (which also allows you to work legally), you must apply under one of the categories of employment or investor visas.

We can’t cover all the possibilities here, but let’s discuss some of the most common work visas available.

H-1B Visa: Skilled Workers

  • What is it? This visa is for people with specialized skills, usually in areas like technology, engineering, or healthcare.

  • Requirements: You must have at least a bachelor’s degree or equivalent experience in a specialized field. You’ll also need a job offer from a US employer who sponsors you.

  • How long can you stay? Up to six years (initially three years, with the option to renew).

  • What’s the downside? The H-1B is a lottery system, and there have been a tremendous number of applicants in recent years. It is also done only once a year around March, so you have to wait for the right time to come.

O-1 Visa: Extraordinary Ability

  • What is it? This visa is for individuals who have extraordinary abilities in fields like science, arts, education, business, or athletics.

  • Requirements: You need to show national or international recognition of your achievements in your field.

  • How long can you stay? Initially up to three years, with 1-year extensions possible.

  • What’s the downside? You need to prove you are extraordinary in your field! This can include evidence of prizes or awards for your excellence, membership in organizations that require outstanding achievements, and published materials in professional publications, among other things.

TN Visa: For Canadians and Mexicans

  • What is it? This one wouldn’t work for Mateo, but it’s important to be aware of. Part of the North American Free Trade Agreement (NAFTA), now called the US-Mexico-Canada Agreement (USMCA), the Trade NAFTA (TN) visa allows citizens from Canada and Mexico to work in the U.S.

  • Requirements: You need a job offer in certain professions, and you must be a Canadian or Mexican citizen.

  • How long can you stay? Generally 3 years, but it can be renewed indefinitely.

  • What’s the downside? For starters, this only applies to Mexicans and Canadians. You also need to be working under one of the 60 listed NAFTA professions, some of which include: engineers, scientists, teachers, lawyers, social workers, and dentists.

R-1 Visa: Religious Workers

  • What is it? This visa is for individuals who work in religious occupations or vocations on behalf of a non-profit religious organization in the US.

  • Requirements: You must be a member of a religious denomination for at least two years and be working as a clergyman or in a religious vocation.

  • How long can you stay? The initial allowable period of time is 30 months, with the option to extend for another 30 months.

Investor Visas: Starting a Business in the US

Mateo also wanted to know whether he was allowed to come to the US to start a business.

E-2 Visa: Treaty Investor

  • What is it? The most common visa we see people utilizing for opening a business is the E-2. This visa is for people from countries that have a trade treaty with the US who want to invest in a US business, or start a new company in the US.

  • Requirements: You must be a citizen of one of the about 80 listed countries. Some of the countries from which we have had clients that qualify include: Mexico, Canada, Israel, Argentina, Panama, United Kingdom, and France. You need to invest a substantial amount of money in a US business. The amount varies depending on the type of business you are starting, and what kind of startup costs it requires.

  • How long can you stay? Initially up to two years, with unlimited extensions as long as the business is running.

EB-5 Visa: Immigrant Investor Program

  • What is it? This visa provides a path to a green card (permanent residency) for those investing in the US.

  • Requirements: You must invest a very substantial amount of money (often $1 million+, in some cases $800,000) in a US business and create at least 10 full-time jobs for US workers.

  • How long can you stay? This is a pathway to permanent residency, meaning you can stay in the US indefinitely once approved.

Mateo knew he did not have the resume for the O-1, and probably did not yet have enough work experience for the H-1B. He decided to encourage his entrepreneurial spirit, and he is diligently working on his business plan for the E-2 investor visa application.