Immigration to the US is transparent only for a narrow range of profiles: those who can claim extraordinary abilities, own a business, or are ready to start a company in the US. If you’re a salaried specialist without these advantages, the main visa categories are either unavailable or require employer labor certification and unpredictable waiting times.
Which visas are available in practice
On paper, the US has a whole set of immigrant and nonimmigrant visas. In reality, once you strip away all the narrow specialized categories, visas for victims of domestic violence, and other rare options, there are literally a handful of workable ones left: EB1, EB2, EB3, O1, O2, O3, H1B, H2A, L, and a few other separate categories. Nonimmigrant visas are issued for a term of one to 3 years, rarely for 4–5 years. Immigrant green cards fall into three main groups: EB (employment-based green cards), family green cards, and lottery green cards.
For those with extraordinary abilities
If your salary is significantly higher than that of comparable specialists on the market, you took part in a project that grew from a startup into a unicorn, or you can prove managerial, financial, or intellectual achievements, you have a path through the O1 category. This visa requires an offer and direct sponsorship, but the criteria for evaluating ability are not as strict as for EB1. Although the word “talent” sounds vague, in practice the O1 category accepts fairly ordinary achievements — you just need to prove you’re above average in your field.
For those with a business abroad or in the US
If you own a company abroad or already have a business in the US, several paths are available to you at once. The L1 category allows you to open a branch in the US and transfer yourself there as a manager — it must be linked to the foreign company through an owner or other ties. If you have your own company, you can apply for H1B on your own behalf as the beneficiary. Increasingly, people choose the path of setting up their own company in the US and using it to file a visa petition — this is simpler than looking for an employer.
For salaried specialists without a business
If you work an ordinary profession, performing professional duties but don’t own a company, there are practically no options. The EB3 category requires the employer to go through labor certification, which is a long and complicated process. The EB2 category is nominally available, but requires proving substantial benefit of your project to the US — meaning you need to work on something unique and innovative that doesn’t exist on the market. Essentially, this pushes you back into the category of talented people with extraordinary abilities.
H1B and the lottery: when to apply
The H1B category still works through a lottery. Although there have been discussions about plans to abolish the lottery and introduce a four-tier evaluation system based on salary levels, this hasn’t happened yet. The decision to switch to the new system could affect application timing and approval chances, so it’s important to keep track of policy changes.
Where to get a consultation on choosing a visa
The choice between EB1, O1, H1B, L1, and other categories depends on many factors of your profile: experience, achievements, whether you have an employer or your own business. A primary immigration assessment analyzes your profile and points out which direction to look at and what to work on. A consultation helps you understand not only which visa fits, but also what needs improvement to broaden your options.
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