There are various visa categories for individuals visiting the U.S. for various reasons. Each visa category has its special requirements and restrictions. The broad category is the employment-based (EB) visa category, which includes many subcategories. Two of such categories are temporary work (H) visas and student (F) visas, for skilled workers and international students. This article will provide you with information about these visas.

Employment-Based (EB) Visas

Employment-based (EB) visas are typically for professional individuals who aim to get a U.S. Green Card based on their skills. There are five subcategories in it: 

• EB-1 Visa: This category is for individuals with exceptional capabilities, such as prominent professors, top researchers, and managers of international companies. To be eligible for this visa, candidates must present accomplishments in their area of work or a special role in international companies.
• EB-2 Visa (Professionals with Advanced Degrees or Exceptional Ability): This category is for individuals who possess high qualifications or extraordinary skills and abilities in areas of science, arts or business. The main feature of this EB-2 category is the National Interest Waiver (NIW) which means that it does not require a labour certification from candidates. The individuals have to prove their future contributions to U.S. interests.

• EB-3 Visa (Skilled Workers, Professionals, and Unskilled Workers): This category is for individuals who possess work experience of two years and are skilled workers. It also includes individuals who have a U.S. bachelor’s degree or equivalent qualification and unskilled workers for permanent types of jobs.

• EB-4 Visa (Special Immigrants): This visa category is for special immigrants such as religious workers, specific employees of diplomatic missions or legations, and retired workers of global organizations.

• EB-5 Visa (Immigrant Investors): This category is for individuals who have made a pronounced monetary investment in any business or set up in the U.S. and as a result of this investment, a minimum of 10 full-time jobs have come into existence. The amount to be invested for this visa ranges from $800,000 to $1 million, based on the site of the venture.

Key Advantages:

Employment-based (EB) visas establish the gateway to legal permanent residency that leads to U.S. citizenship. So, these visas suit those individuals who aim to get long-term work and residence in the U.S.

Application Process:

Candidates require labour certification to establish the fact that eligible U.S. workers are not in the market for this job or work. After acceptance of the application, the candidates then file Form I-140 (Immigrant Petition for Alien Worker) via USCIS (U.S. Citizenship and Immigration Services). After that, they apply for adjustment of status or consular processing if they are not in the U.S.

Temporary Work (H) Visas

H Visas are temporary work visas for individuals who are looking for short-term jobs or work in the U.S. This category is further divided into the following:

• H-1B Visa (Specialty Occupations): This visa is for individuals having expertise in the fields of engineering, IT, and finance. The minimum qualification required is a bachelor’s degree. Owing to the high demand, USCIS performs a lottery for this visa. 85,000 visas are awarded per year which includes 20,000 reserved for candidates who are U.S. master’s degree holders or higher qualifications.

• H-2A and H-2B Visas (Seasonal Agricultural and Non-Agricultural Workers): The category H-2A is for agricultural workers for a specific season. On the other hand, the H-2B category is for temporary work in fields such as medical and construction. Applicants for both types of visas have to establish the fact that there is a lack of sufficient U.S. workers for the job designation they are applying to.

• H-3 Visa (Trainees and Special Education Exchange Visitors): This visa is for individuals who want to come to the U.S. for any type of training or to take part in certain educational programs. This category is not for any work or job that could benefit the U.S. rather it is for the personal career development of individuals in other countries.

Key Advantages:

H visas allow candidates from other countries to work on temporary jobs in the U.S. and enhance their experience. The H-1B visa can provide a pathway to permanent residency.

Application Process:

Mainly the employer applies on behalf of the applicant by filing a petition with USCIS. There is a lottery system for H-1B visas which is mainly due to high demand.

Student (F) Visas

The F visa is mainly for students from other countries studying in the U.S.

• F-1 Visa (Academic Students): This visa is for students who are studying full-time at authorized colleges, universities, language and other institutions within the U.S. The students should be enrolled as full-time students and must show that enough financial support is available for their studies.

• F-2 Visa (Dependents of F-1 Visa Holders): This visa is for spouses and children under the age of 21 of visa holders under the F-1 category.  Holders of this visa cannot work but can study in the U.S. in some situations.

• F-3 Visa (Border Commuter Students): This visa category is for Canadian and Mexican students who travel back and forth to the U.S. to study both part-time and full-time. It does not require shifting to the U.S.

Key Advantages:

So key benefits of F visas include allowing the students to receive education in America. Also, students can get the right to work for a certain period through OPT (Optional Practical Training) and CPT (Curricular Practical Training).

Application Process:

Institutions approved by SEVP (Student and Exchange Visitor Program) must admit students to study. Students receive form I-20, through which they can apply for F- 1 visa at a U.S consulate.

Key Differences and Considerations

• Duration and Intent: EB visas are for long-term purposes and act as a pathway to permanent residency. On the other hand, H visas are for short-term purposes and F visas are for education. Among H and F visas, H visas can serve as a bridge to permanent residency whereas F visas require further process for a long-term stay.

• Eligibility Requirements: EB visas prefer high-level skills, qualifications and investments. On the other hand, H visas are for jobs for a specific period and F visas are for educational goals.

• Work Authorization: Work authorization is allowed mostly under EB and H visa categories, while F visas limit jobs to the campus and training programs such as OPT.

Conclusion:

Each category of visa addresses special needs including permanent residency, short-term work or study intent within the U.S. Developing a thorough understanding is beneficial to the applicants for selecting the visa under the suitable category.