Work permits and visas in Puerto Rico

Puerto Rico, while a U.S. territory, has its own unique considerations when it comes to immigration and employment regulations. Understanding the nuances of work permits and visas is crucial for both foreign workers seeking employment and companies looking to hire international talent. Navigating these requirements efficiently ensures compliance and facilitates a smooth onboarding process.

While U.S. immigration laws generally apply to Puerto Rico, certain local factors and administrative procedures may differ. It is important to stay up-to-date with the latest regulations and seek expert advice when necessary. The following information provides a comprehensive overview of the key aspects related to work permits and visas in Puerto Rico for 2025.

Common Visa Types for Foreign Workers

Foreign nationals seeking to work in Puerto Rico typically need to obtain a U.S. visa that allows employment. The most common visa types include:

• H-1B Visa: For specialty occupations requiring theoretical or technical expertise. Common fields include IT, engineering, science, and finance. Requires a bachelor's degree or equivalent.

• L-1 Visa: For intra-company transferees who work for a multinational company and are being transferred to a U.S. office (including Puerto Rico).

• E-2 Visa: For treaty investors who are citizens of a country with which the U.S. maintains a treaty of commerce and navigation and are coming to the U.S. to direct and develop a business.

• O-1 Visa: For individuals with extraordinary ability or achievement in the sciences, arts, education, business, or athletics.

Below is a summary of these common visa types:

Visa Type	Description	Common Use Cases	Eligibility Criteria
H-1B	Specialty occupations	IT professionals, engineers, scientists, financial analysts	Bachelor's degree or equivalent, job offer in a specialty occupation
L-1	Intra-company transferees	Managers, executives, and specialized knowledge employees transferring within a multinational company	Employed by the company for at least one year in the preceding three years, transferring to a U.S. branch or affiliate in a managerial or executive capacity
E-2	Treaty investors	Entrepreneurs starting or directing a business in the U.S.	Citizen of a treaty country, investing a substantial amount of capital, coming to develop and direct the enterprise
O-1	Individuals with extraordinary ability or achievement	Renowned scientists, artists, athletes, business professionals	Sustained national or international acclaim, recognized expertise in their field

Work Permit Application Requirements and Procedures

While a traditional "work permit" is not issued separately from the visa in the U.S. system, the process of obtaining a work-authorized visa involves several steps. Generally, the employer initiates the process by filing a petition with U.S. Citizenship and Immigration Services (USCIS).

H-1B Visa Process:

1. Labor Condition Application (LCA): The employer files an LCA with the Department of Labor (DOL) to ensure that hiring the foreign worker will not adversely affect the wages and working conditions of U.S. workers.

2. Form I-129 Petition: Once the LCA is certified, the employer files Form I-129 (Petition for a Nonimmigrant Worker) with USCIS.

3. Visa Interview: If the I-129 petition is approved, the foreign worker applies for an H-1B visa at a U.S. embassy or consulate in their home country and attends an interview.

4. Entry to the U.S.: Upon visa approval, the foreign worker can enter the U.S. (including Puerto Rico) and begin working.

Required Documentation:

• Passport
• Job offer letter
• Educational credentials (degrees, transcripts)
• Professional licenses or certifications (if applicable)
• Proof of experience (employment letters)
• Form I-797 (Approval or Receipt Notice) from USCIS (if applicable)

Processing Times and Fees:

Item	Estimated Time	Fee (USD)
LCA Processing	7-14 days	$0
I-129 Filing	3-6 months	$460
Visa Interview	Varies	$190
Premium Processing (I-129)	15 days	$2,500

Note: Processing times can vary significantly depending on USCIS workload and the specific visa type. Premium processing is available for certain visa types, which guarantees expedited processing within 15 calendar days for an additional fee.

Pathways to Permanent Residency

Foreign workers in Puerto Rico can pursue permanent residency (a Green Card) through various pathways, typically sponsored by their employer or through family ties.

Employment-Based Green Card:

• EB-2: For individuals with advanced degrees or exceptional ability in the sciences, arts, or business. Requires a labor certification unless the applicant qualifies for a National Interest Waiver.

• EB-3: For skilled workers, professionals, and other workers. Generally requires a labor certification.

The labor certification process involves the employer demonstrating that there are no qualified U.S. workers available for the position.

Family-Based Green Card:

• U.S. citizens and lawful permanent residents can sponsor certain family members for a Green Card.

Application Process:

1. Form I-140 Petition: The employer (for employment-based) or family member (for family-based) files Form I-140 (Immigrant Petition for Alien Worker) with USCIS.

2. Labor Certification (if required): For certain EB-2 and EB-3 categories, the employer must obtain a labor certification from the DOL.

3. Form I-485 Application: Once the I-140 petition is approved and a visa is available, the foreign worker files Form I-485 (Application to Register Permanent Residence or Adjust Status) to adjust their status to permanent resident.

Dependent Visa Options

Dependents (spouse and unmarried children under 21) of foreign workers holding certain visas are eligible for dependent visas.

• H-4 Visa: For dependents of H-1B visa holders. H-4 visa holders may be eligible to work under certain conditions.

• L-2 Visa: For dependents of L-1 visa holders. L-2 visa holders are generally authorized to work.

• E-2 Visa: For dependents of E-2 visa holders. E-2 visa holders are generally authorized to work.

Application Process:

Dependents typically apply for their visas concurrently with the primary visa holder or after the primary visa holder's visa has been approved. They must provide proof of their relationship to the primary visa holder (e.g., marriage certificate, birth certificate).

Visa Compliance Obligations for Employers and Employees

Both employers and employees have important obligations to ensure visa compliance.

Employer Obligations:

• Maintain accurate records: Employers must maintain accurate records of their foreign workers' visa status, employment terms, and compliance with labor laws.

• Comply with wage and hour laws: Employers must pay foreign workers the required wage rates and comply with all applicable wage and hour laws.

• Notify USCIS of material changes: Employers must notify USCIS of any material changes in the foreign worker's employment, such as a change in job duties or termination of employment.

Employee Obligations:

• Maintain valid visa status: Employees must maintain valid visa status and comply with all terms and conditions of their visa.

• Report changes to USCIS: Employees must report any changes in their address or other personal information to USCIS.

• Comply with U.S. laws: Employees must comply with all U.S. laws and regulations.

Consequences of Non-Compliance:

Failure to comply with visa regulations can result in severe consequences for both employers and employees, including fines, penalties, visa revocation, and deportation. It's crucial to maintain meticulous records, seek expert legal counsel, and stay abreast of any changes in immigration laws to ensure full compliance.