There’s no doubt that this is a challenging time for those who want to come to the U.S. to work – whether temporarily for a specific project or seasonal work or as a longer-term career move. The fact is that many people have skills, education and/or work experience that make them highly valuable. This is certainly true in STEM fields where science, technology, engineering or math skills are needed.
There are two primary pathways for people who live outside the U.S. to come here to work when a visa is required, depending on whether they’re planning to live here temporarily or permanently. Let’s take a brief look at both.
Obtaining a temporary employment-based visa
People who come to the U.S. to work temporarily generally need their prospective employer to file an application or petition with the U.S. Citizenship and Immigration Services (USCIS). In some cases (for example, if someone has “extraordinary ability”), they can petition on their own. There are multiple visa classifications for non-immigrant temporary workers. Many people in STEM fields will seek an O-1 or H-1B visa.
Those who seek to immigrate to the U.S. and live here permanently can petition the U.S. Department of State (DOS) for an employment-based immigrant visa. That’s known as “self-petitioning.” USCIS generally needs to approve the petition first.
Seeking permanent residency through employment
In some cases, STEM professionals may be able to seek permanent resident status. That’s often known as having a Green Card. This status allows people to remain in the U.S. permanently (barring something like a criminal conviction). Those with permanent resident status can typically eventually apply for citizenship.
Some STEM professionals start out on a temporary non-immigrant visa and then need to transition to a permanent one if they get the opportunity for a long-term position. There are specific requirements for seeking an adjustment of status that they and their employers must follow.
What’s important to remember is that it’s critical for those who come here to follow the correct process to avoid any unnecessary issues that could lead to a revocation of their visa and a loss of employment. The “red tape” can feel overwhelming. Having experienced legal guidance throughout the process can make all the difference.