According to the United States’ Bureau of Consular Affairs, the U.S. makes approximately 140,000 permanent worker employment-based visas available every year in addition to many temporary worker visas. Yet, since the presidential inauguration on January 20, 2025, workers from other countries hoping to temporarily or permanently gain lawful employment in America have hesitated to apply for entry into the country to work because of confusion about sometimes minute-by-minute changes to how the current administration treats immigrants. Before applying for a temporary or employment-based work visa, workers from all industries should learn more about the many categories of visa options and the risks that now exist. Read on to learn more about this complex topic…
Who Qualifies as a Temporary Worker?
Any citizen of another country who passes all legal requirements can become a temporary “nonimmigrant” worker. At minimum, a U.S. employer must petition for the worker’s entry for a position in one of 11 categories that range from agricultural workers and laborers in seasonal scenarios to artists, entertainers, educators and specialty professionals. Temporary workers can also include trainees. Their work schedule must have “fixed” beginning and ending employment dates.
Employers must submit the “Form I-129, Petition for a Nonimmigrant Worker” before submission of a visa application. For some categories, these workers might also need a certification from the Department of Labor. After the employer receives petition approval, they can help the worker apply for their temporary visa via the United States Citizenship and Immigration Services (USCIS) at a consulate or embassy with the online version of the “Form DS-160, Online Nonimmigrant Visa Application,” with a current photo. Employers typically pay any related fees.
What are the Employment-Based Options?
Workers seeking to become permanent residents can apply for employment-based immigrant visas. At minimum, their employment must fit into one of five categories. Additionally, the U.S. must have no legal reasons to block their entry into the country.
These employment-based options include but aren’t limited to priority workers and people with extraordinary abilities (E1 Visa); professionals with advanced degrees and people with exceptional abilities (E2 Visa); skilled workers, professionals and unskilled workers (E3 Visa); special immigrants like religious workers, translators, medical graduates and those who worked for the U.S. military as contractors (E4 Visa); and significant foreign investors (E5 Visa). To apply, employers and workers must complete the “Form DS-260, Immigrant Visa and Alien Registration Application” and “Form DS-261, Online Choice of Address and Agent.” As with temporary visas, the employer typically pays any associated fees.
Is the U.S. Safe for Foreign Workers?
At the time of this writing, several countries, including the European Union, the United Kingdom and Canada, have issued travel advisories and warnings to their citizens to not seek employment in the United States. At the top of their lists of concerns, they cite a heightened risk of detention of legal workers with approved visas in privately owned facilities and deportations to non-birth countries. Some workers who have become green card holders with permanent residency have faced threats of deportation.
Because of the rapid changes taking place in the U.S. government, some workers are at higher risk than others, including workers who commit what would normally be considered minor legal infractions, speak negatively online or in public about the current administration, or declare that they’re non-binary or transgender. Many people in other countries now consider the U.S. a “hostile state.” As a result, employment and travel experts both outside and within the U.S. advise foreign job seekers to seek work in their home or other countries until there are signs of improvements with the American immigrant situation. Some experts have warned against any professionals merely visiting the U.S. for arts-oriented, business, educational or scientific conferences and meetings.