A lawyer reveals how to choose the best visa to work in the US

Summary
L1, H1B, and EB-2 visas provide work opportunities in the United States for different foreign professional profiles, each with specific requirements and benefits.

The job market in the United States offers a variety of opportunities for foreign professionals, with a wide range of visas available for different profiles. Among the most sought after, L1, H1B and EB-2 visas stand out, each with its own specifics and requirements.

Knowing the differences between them is essential for anyone looking for the best way to work legally in the country.

L1 Visa: Relocation of Executives and Professionals

According to Daniel Toledo, an attorney working in the international law field, the L1 visa is a great option for multinational companies looking to transfer their executives and specialized employees to subsidiaries or affiliates in the United States.

“To qualify, the professional must have worked for at least 12 months in the last three years at a company outside the US,” he reveals.

One of the main benefits of L1 is the opportunity to stay for up to seven years for executives (L1A) and up to five years for employees with specialized knowledge (L1B). The visa allows a spouse and children under the age of 21 to accompany the holder on an L2 visa, which allows the spouse to legally work in the United States.

Generally, this visa is suitable for companies already operating in the country and looking to transfer their key executives to ensure the success of their operations in the US.

H1B Visa: Qualified Professionals with Sponsorship

The H1B visa is aimed at professionals who have a bachelor's degree or higher education and are employed by an organization in the United States to perform a specialized function.

“Unlike the L1, which requires prior contact with a foreign company, the H1B depends on a US employer sponsoring the visa and offering the job,” he says.

An important feature of the H1B is that it is subject to an annual cap, meaning only a limited number of visas are issued each year. In 2024, the cap is 85,000 visas, of which 20,000 are reserved for applicants with advanced degrees from US universities.

H1B has an initial period of three years and can be renewed for another three years with a maximum limit of six years. A spouse can accompany the visa holder on an H4 visa, but is not automatically allowed to work in the US.

Toledo believes that this visa is ideal for professionals in fields such as technology, engineering, finance and other highly skilled fields. “These are the fields where foreign experts are in high demand,” he points out.

EB-2 Visa: Exceptional skills or advanced degree

The EB-2 visa is one of the most attractive options for those looking to work in the United States. “Targeting professionals with exceptional skills or advanced training, such as a master's degree or doctorate, EB-2 is aimed at people who can bring substantial benefits to the U.S. economy,” says the lawyer.

To qualify for EB-2, the professional must be sponsored by a U.S. employer who must demonstrate a need to employ an eligible foreign national. “However, there is an opportunity to request a “National Interest Waiver” (NIW), a waiver that allows the candidate to submit his petition if he can demonstrate that his presence is in the national interest of the United States, he points out. out.

Unlike the H1B and L1, the EB-2 visa provides a direct path to a green card, allowing professionals and their families to reside permanently in the United States. “This category is ideal for highly qualified professionals like doctors, engineers, scientists and researchers who want to build a stable, long-term career in the country,” he declares.

When choosing between L1, H1B and EB-2 visas, Toledo believes it is important to consider the profile of the professional in the US and their goals.

“Each visa has specific requirements and expert guidance is essential to ensure the process is carried out correctly and efficiently,” he concludes.

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