Article 3: Temporary vs. Permanent U.S. Employment Visas

In the previous article, we learned that U.S. visas fall into two main categories: nonimmigrant visas and immigrant visas. The main difference is how long a person plans to stay in the United States. Employment visas follow the same basic distinction: they can be temporary (nonimmigrant) or permanent (immigrant). Temporary workers can work in the U.S. for a limited period. When their authorized period ends, they must stop working unless they receive an extension or another form of work authorization. In contrast, permanent workers may live and work in the U.S. and make it their long-term home.

Temporary Employment-Based Visas

Temporary employment visas are grouped into several visa families, each containing one or more visa classifications with specific eligibility requirements.

Visa Family	Individual Visa Classifications
E	E-1:Treaty Traders E-2: Treaty Investors E-2C: CNMI Investor E-3: Specialty Occupation Workers from Australia
H	H-1B: Specialty (Professional) Occupations H-1B1: Specialty Occupation Workers from Chile & Singapore H-2A: Temporary Agricultural Workers H-2B: Temporary Non-Agricultural Workers H-3: Nonimmigrant Trainee or Special Education Exchange Visitor
I	I: Representatives of Foreign Media
L	L-1A: Intracompany Transferee Executive or Manager L-1B: Intracompany Transferee Specialized Knowledge
O	O-1A: Individuals with an extraordinary ability in the sciences, education, business, or athletics O-1B: Individuals with an extraordinary ability in the arts, motion pictures, or television O-2: Individuals who will accompany an O-1 artist or athlete to assist
P	P-1A: Athlete P-1B: Member of an Internationally Recognized Entertainment Group P-2: Individual Performer or Part of a Group Entering to Perform Under a Reciprocal Exchange Program P-3: Artist or Entertainer Coming to Be Part of a Culturally Unique Program
Q	Q-1: Cultural Exchange
R	R-1: Nonimmigrant Religious Workers
TN	TN: USMCA trade agreement (formerly NAFTA)
CW	CW-1: CNMI-Only Transitional Worker (Northern Mariana Island)
*F (A student visa, not a temporary worker visa. Authorized F-1 students may work on campus and, in certain circumstances, off campus. May lead to temp or permanent visa.)	F-1: CPT, OPT, OPT STEM

Example: The H-1B, H-1B1, and E-3 Process

Each visa classification has its own purpose, eligibility requirements, and application process. For example, H-1B, H-1B1, and E-3 workers generally require an employer to obtain a Labor Condition Application (LCA / Form ETA-9035) through the U.S. Department of Labor (DOL)'s Foreign Labor Application Gateway (FLAG) and file Form I-129, Petition for a Nonimmigrant Worker with the United States Citizenship & Immigration Services (USCIS). If the petition is approved, the worker may then apply for a visa through the U.S. Department of State (DOS) if a visa is required.

Practical Example: LCA in the St. Louis Area

The DOL's FY 2026 LCA disclosure data shows that several St. Louis-area employers, including SSM Health Saint Louis University Hospital, Ameren, Centene, and Edward Jones, have filed applications for foreign workers.

Permanent Employment-Based Visas

U.S. immigration law provides up to 140,000 employment-based immigrant visas each year for workers and their eligible spouses and children. U.S. immigration law provides five employment-based preference categories, EB-1 through EB-5. Each category has its own eligibility requirements. Workers who qualify based on their skills, education, work experience, or other requirements can live permanently in the U.S.

Preference Category	Visa	Who It Is For
First Preference	EB-1	Priority workers, including people with extraordinary ability, outstanding professors and researchers, and certain multinational executives and managers
Second Preference	EB-2	Professionals with advanced degrees or people with exceptional ability; some may qualify for a National Interest Waiver (NIW)
Third Preference	EB-3	Skilled workers, professionals, and other qualifying workers
Fourth Preference	EB-4	Certain special immigrants, including certain religious workers and certain employees of the U.S. government abroad
Fifth Preference	EB-5	Qualifying immigrant investors who invest in a U.S. commercial enterprise and create the required jobs

How the Process Works

Some categories require a job offer from a U.S. employer. The employer sponsors the worker and files an immigrant petition with USCIS. Some applicants can self-petition if a job offer is not required.

The PERM Labor Certification Process

A permanent labor certification (PERM)  is a process that allows an employer to sponsor a foreign worker for a permanent position in the United States. PERM is generally required for EB-2 and EB-3 cases. As part of the PERM process, the employer must first test the U.S. labor market to determine whether there are qualified and available U.S. workers for the position. The employer must show that it was unable to find a qualified U.S. worker who is willing and available to take the job and that hiring the foreign worker will not negatively affect the wages or working conditions of U.S. workers. The employer conducts the PERM process through the Department of Labor's FLAG system. If DOL approves the labor certification, the employer can move to the next step of the immigration process by filing Form I-140, Immigrant Petition for Alien Workers with USCIS.

Exceptions to the PERM Requirement

Schedule A: DOL has already recognized certain occupations as having a shortage of U.S. workers. Employers hiring workers in these occupations can skip the normal PERM labor market test and do not need to obtain labor certification directly from DOL. Instead, the employer submits the Schedule A application to USCIS with the immigrant petition.

Schedule A includes:

• Group I: Professional nurses and physical therapists.

• Group II: Workers with exceptional ability in the sciences or arts, including certain college and university teachers and performing artists.

National Interest Waiver: Some EB-2 applicants may qualify for a National Interest Waiver. If USCIS approves the waiver, the applicant does not need a job offer or labor certification.

Practical Example: PERM in the St. Louis Area

According to the DOL's FY 2025 PERM disclosure data, employers in the St. Louis area, including Saint Louis University, Washington University, Loyet Landscape Maintenance, Inc., and Landesign, LLC, submitted PERM applications.

What's Next?

The next article takes a step back to explain where employment visa classifications came from and why they have their current letters, numbers, and names.