Immigration Basics

Best for: roles requiring a bachelor's degree or higher (engineers, IT, healthcare, finance, etc.)

The most common visa for skilled professional hires. Lets U.S. employers hire workers in jobs that typically require specialized education.

Key thing to know: Subject to an annual federal cap and lottery. New petitions usually filed in spring for an October start. Costs run roughly $2,000–$5,000 in government fees plus attorney fees. GTO grants can help offset costs.

Official source: uscis.gov/working-in-the-united-states/h-1b-specialty-occupations

Best for: hiring Canadian or Mexican citizens in specific professional roles (engineers, accountants, scientists, etc.)

Available under the U.S.–Mexico–Canada Agreement. Faster and simpler than H-1B for eligible professionals.

Key thing to know: No annual cap and no lottery. Often the fastest legal route for Canadian or Mexican professional hires.

Official source: uscis.gov/working-in-the-united-states/temporary-workers/tn-nafta-professionals

Best for: agricultural employers (H-2A) or seasonal/temporary non-ag work like hospitality, landscaping, food processing (H-2B)

Employer-driven programs for workers filling seasonal or temporary jobs that U.S. workers aren't available to do.

Key thing to know: Regulated by the U.S. Department of Labor. Plan well ahead — H-2A typically takes 90–120 days; H-2B takes 4–5 months. H-2A requires the employer to provide free housing and transportation.

Official source: dol.gov/agencies/eta/foreign-labor

Best for: multinational employers transferring an existing employee from a foreign office to a U.S. office

For executives, managers, or employees with specialized knowledge moving within the same company.

Key thing to know: The worker must have been employed at the foreign company for at least one continuous year in the past three years. No annual cap.

Official source: uscis.gov/working-in-the-united-states/temporary-workers/l-1

Best for: hiring an international student who's recently graduated from a U.S. university (NDSU, UND, etc.)

Optional Practical Training (OPT) lets international students work in the U.S. for up to 12 months after graduation. STEM graduates can extend up to 36 months total.

Key thing to know: There's no cost to the employer because the visa is held by the university. OPT students are an underused talent pipeline — especially for ND employers in tech, healthcare, and engineering.

Official source: uscis.gov/working-in-the-united-states/students-and-exchange-visitors/optional-practical-training-opt

Best for: long-term retention of a key employee you want to sponsor permanently

Lets a foreign worker live and work permanently in the U.S. Usually involves employer sponsorship and labor certification.

Key thing to know: Process is complex and often takes several years. Usually pursued only after employer-employee relationship is well-established. Always done with an attorney.

Official source: uscis.gov/green-card/green-card-eligibility/green-card-for-employment-based-immigrants

If you have one: you're working for a U.S. employer in a specialized professional role.

Lets you work for the employer who sponsored you for up to 6 years (with renewal). Your spouse may be eligible to apply for work authorization (H-4 EAD).

Key thing to know: Your status is tied to your employer. If you change jobs, your new employer must file a new petition (H-1B transfer). If your employment ends, you typically have 60 days to find a new sponsor or change status.

Official source: uscis.gov/working-in-the-united-states/h-1b-specialty-occupations

If you have one: you're studying at a U.S. university, or you've recently graduated and are using OPT to work.

F-1 lets you study full-time. OPT (Optional Practical Training) lets you work in your field for 12 months after graduation; STEM OPT extends this up to 36 months total.

Key thing to know: Your school's International Students Office is your primary resource for status questions. STEM OPT requires your employer to be enrolled in E-Verify.

Official source: studyinthestates.dhs.gov

If you have one: you're in the U.S. for an approved exchange program (research, training, cultural exchange, au pair, etc.).

Lets you participate in a designated program for a defined period. Programs are managed by approved sponsor organizations.

Key thing to know: Some J-1 holders are subject to a 2-year home-country residency requirement before they can change to certain other statuses. Talk to an attorney before making major plans.

Official source: j1visa.state.gov

If you have one: you're the spouse or child of a worker on H-1B, L-1, or another work visa.

Lets you live in the U.S. as a dependent of the primary visa holder. Some dependent statuses (H-4 EAD, L-2) allow you to apply for work authorization.

Key thing to know: Your status depends on the primary visa holder's status. If theirs changes, yours likely changes too. Spouses can often get work authorization but must apply separately.

Official source: uscis.gov/family

If you have one: you came to the U.S. through refugee resettlement or were granted asylum.

Refugees and asylees can work without needing a separate visa. After one year, you can apply for a green card.

Key thing to know: Refugee resettlement agencies in North Dakota (Lutheran Social Services of ND, Global Friends Coalition) can help you with employment authorization, family reunification, and the green card process.

Official source: uscis.gov/humanitarian/refugees-and-asylum

If you have one: you can live and work permanently in the U.S.

A green card means lawful permanent resident status. You can work for any employer, change jobs freely, and after several years can apply for U.S. citizenship if you choose.

Key thing to know: Green cards must be renewed every 10 years. Long absences from the U.S. can affect your status. An attorney can help with renewals, travel questions, and the path to citizenship.

Official source: uscis.gov/green-card