Who Needs a Work Permit in the United States
Ensuring employees are authorized to work in the U.S. is an employer's responsibility. Foreign nationals who wish to work legally in the United States must obtain the appropriate work permit or visa. This applies to permanent employees, temporary or contract workers, interns, trainees, and seasonal workers. Non-compliance with work authorization requirements can result in severe penalties, including fines and legal action.
Types of Work Visas in the United States
The U.S. offers various non-immigrant and immigrant work visas, each designed for specific employment categories.
| Visa Type | Description |
| H-1B | For specialty occupations requiring specialized knowledge and a bachelor's degree or higher. |
| L-1 | For intra-company transferees in managerial positions or roles requiring specialized knowledge. |
| O-1 | For individuals with extraordinary ability or achievement in their field. |
| TN | For professionals from Canada and Mexico under the USMCA agreement. |
| EB-1 | For priority workers, including those with extraordinary abilities and multinational managers. |
| EB-2 | For professionals with advanced degrees or exceptional abilities. |
| EB-3 | For skilled workers, professionals, and other workers. |
Common Hiring Scenarios for The United States
When hiring talent in The United States, employers typically choose one of three pathways depending on the role, duration, & legal requirements. Below are the most common models.
Use Case 1: Sponsoring a Foreign Employee via Work Permit or Visa
This is the most common route for companies hiring full-time foreign talent in the United States. To sponsor this visa, an employer (or Playroll as the Employer of Record) must have a registered legal entity in-country and issue a compliant offer of employment.
Key Employer Considerations:
- Sponsorship is required — contractors or freelancers cannot apply under this visa.
- Employees must remain in the approved work location unless authorized to relocate or change employers.
- Processing timelines vary (approximately 3 to 6 months on average), depending on the consulate or embassy.
This is best for: Long-term roles with in-office or hybrid presence in the United States.
Use Case 2: Hiring a Foreign Contractor in The United States
Independent professionals in The United States can legally work with international clients without employer sponsorship, but must comply with local tax registration and reporting laws.
With Playroll’s Contractor Management solution, you can:
- Draft fully compliant local contractor agreements.
- Automate contractor invoicing and cross-border payments, in Turkish Lira (TRY) or USD.
- Mitigate risk of permanent establishment and contractor misclassification.
This is best for: Freelancers, consultants or project-based roles, especially if the worker already lives in The United States.
Use Case 3: Relocating an Existing Employee to The United States
Transferring an existing team member to The United States? You’ll still need to navigate the same visa and payroll setup process. Even if the employee works for you elsewhere, a local employer of record is required to stay compliant.
EOR’s, like Playroll, handle all local steps, including:
- Work permit sponsorship and immigration paperwork,
- Registration with local authorities and payroll systems,
- Enrollment in mandatory benefits and statutory schemes.
This is best for: Internal transfers or remote-first companies looking to expand into Europe/Asia, or talent retention offerings for global mobility programs.
Requirements For a Work Permit in the United States
To obtain a work visa in the United States, employees must meet specific requirements. These may include:
- Proof of a job offer from a U.S. employer
- A valid passport and travel documents
- Evidence of qualifications and experience
- Labor Condition Application (LCA) approval for certain visas
- Payment of applicable fees
The employer typically initiates the process by filing a petition with U.S. Citizenship and Immigration Services (USCIS), after which the employee applies for a visa at a U.S. consulate or embassy.
United States Work Permit Application Process
- Determine Eligibility: Confirm the employee meets the criteria for a specific visa category.
- File the Petition: The employer submits the appropriate petition (e.g., Form I-129 for non-immigrant visas) to USCIS.
- Approval Notification: Upon approval, the employee applies for a visa at a U.S. embassy or consulate.
- Attend Interview: The employee attends an interview and submits biometric data.
- Receive Visa: If approved, the employee receives the visa and can travel to the U.S. to start work.
Process for Visa Sponsorship in the United States
Employers sponsoring a visa must file the necessary petitions and provide supporting documentation, such as a sponsorship letter and proof of job offer. Employers cover the application fees and must ensure compliance with all immigration regulations. Legal assistance may be required to navigate this process smoothly.
What Are the Fees for a Work Permit or Visa in the United States
The fees for work visas vary depending on the visa type.
| Visa Type | Application Fee |
| H-1B | $205 |
| L-1 | $205 |
| O-1 | $205 |
| TN | $205 |
| EB-1 | $715 |
| EB-2 | $715 |
Processing Time for a Work Permit or Visa in the United States
Processing times vary based on visa type and workload. H-1B visas typically take 3-6 months, while L-1 visas may take 4-7 months. Employers and employees can check current processing times on the USCIS website.
Work Permit Renewal Periods in the United States
In the United States, work permits, known as Employment Authorization Documents (EADs), typically have validity periods of 1 to 2 years. As of October 2023, some EADs may be issued with validity periods of up to 5 years for certain categories, such as pending adjustment of status applicants, refugees, and asylees. Eligible individuals should file Form I-765 to renew their EAD within 180 days before expiration. USCIS offers automatic extensions of up to 540 days if renewal applications are filed on time.
Visa Requirements for Digital Nomads in the United States
The United States does not offer a specific visa for digital nomads. However, remote workers can use alternative options, such as the B-1 (Business Visitor) or B-2 (Tourist) visa. These visas allow limited business activities but do not permit employment for U.S.-based companies.
- B-1 Visa: For attending meetings, conferences, or consulting with business associates.
- B-2 Visa: Primarily for tourism, allowing stays up to 6 months, during which remote work for foreign employers is permissible.
To apply, digital nomads need a valid passport, completed Form DS-160, proof of financial means, and evidence of intent to return to their home country. It’s essential to comply with visa conditions to avoid legal issues.
Common Challenges and Tips for Employers Hiring in the United States
Employers in the United States often encounter obstacles during the hiring process. Addressing these challenges requires strategic planning and adaptation.
- Limited Applicant Pool: Many employers struggle to attract enough qualified candidates for open positions.
- Skill Gaps: Some applicants lack the specific skills or experience required for the role.
- Intense Competition: Competing employers may offer better incentives, making it difficult to secure top talent.
- Retention Difficulties: High turnover rates can lead to increased recruitment efforts.
- Unconscious Bias: Biases in the recruitment process may hinder diversity and lead to unsuitable hires.
Employers can mitigate these challenges by improving employer branding, offering competitive compensation, and implementing fair and unbiased hiring practices.
.svg)
.svg)
.svg)
.svg)
.svg)
.svg)
.svg)
.svg)
.svg)
.svg)
.svg)
Back
.svg)
.svg)
.png)
.webp)
.svg)