Work Visas
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What is this right?
The United States offers several temporary work visa categories, each designed for specific types of employment. The most common is the H-1B visa for specialty occupations requiring at least a bachelor's degree. The H-1B has an annual cap of 65,000 visas, plus an additional 20,000 for applicants with U.S. advanced degrees. Because demand far exceeds supply, USCIS uses a lottery system each year.
Other major work visas include the L-1 for intracompany transferees (managers, executives, or specialized knowledge workers), the O-1 for individuals with extraordinary ability or achievement, the E-2 treaty investor visa, the TN visa for Canadian and Mexican professionals under the USMCA (United States-Mexico-Canada Agreement) trade agreement, and the H-2A/H-2B visas for temporary agricultural and seasonal non-agricultural workers. Each has different requirements, costs, and processing times.
When does it apply?
This applies when:
- A U.S. employer wants to hire a foreign worker for a temporary position
- You have a job offer from a U.S. company and need work authorization
- You are being transferred from a foreign office to a U.S. office of the same company
- You have extraordinary ability in sciences, arts, education, business, or athletics
- You are a Canadian or Mexican professional eligible under USMCA
Key visa types and requirements:
- H-1B (Specialty Occupation): Requires a bachelor's degree or equivalent in a specific field related to the job. Employer files Form I-129 with an LCA (Labor Condition Application — a Department of Labor form certifying the wage and working conditions). Annual cap: 65,000 plus 20,000 for U.S. master's or higher. Initial period: 3 years, extendable to 6 years. Filing fee: $1,710 base plus $460 fraud prevention fee plus employer-size-dependent fees ($500 to $4,000). Lottery registration fee: $215.
- L-1A/L-1B (Intracompany Transfer): Must have worked for the same employer abroad for at least 1 continuous year in the past 3 years. L-1A for managers/executives (up to 7 years), L-1B for specialized knowledge (up to 5 years). No annual cap for individual petitions. Filing fee: $1,385 base plus $500 fraud prevention fee.
- O-1 (Extraordinary Ability): Must demonstrate extraordinary ability through sustained national or international acclaim. No annual cap, no maximum stay limit. Filing fee: $1,055.
- TN (USMCA Professional): Available to Canadian and Mexican citizens in specific professions listed in the USMCA treaty. Canadians can apply directly at the border; Mexicans need a consular visa. Up to 3 years per admission, renewable indefinitely. Filing fee: $50 at border or $460 at consulate.
- H-2A/H-2B (Temporary Workers): H-2A for seasonal agricultural work (no cap), H-2B for temporary non-agricultural work (66,000 annual cap). Employer must prove no available U.S. workers. Maximum stay: 1 year for H-2A, 1 year for H-2B (extendable to 3 years).
What should you do?
Step 1: Identify the correct visa category for your situation. Match your qualifications and the job requirements to a specific visa type. USCIS has a visa wizard tool at uscis.gov to help.
Step 2: Your employer must file Form I-129 (Petition for a Nonimmigrant Worker) with USCIS. For H-1B, the employer must first file a Labor Condition Application (LCA) with the Department of Labor. For H-1B cap-subject petitions, the employer must register during the annual registration period (typically in March) and be selected in the lottery before filing.
Step 3: Consider premium processing. By filing Form I-907 with an additional $2,805 fee, your employer can get a guaranteed 15-business-day processing time for most work visa petitions. Standard processing can take 3 to 8 months.
Step 4: If you are outside the United States, schedule a visa interview at a U.S. consulate or embassy after the petition is approved. Bring the original approval notice (Form I-797), your passport, DS-160 confirmation page, and supporting documents.
Step 5: If you are already in the U.S. in valid status, you may be able to change status without leaving by filing Form I-539 or having your employer include a change of status request in the I-129 petition.
Step 6: Track your case online at egov.uscis.gov/casestatus using your receipt number. Processing times are published at egov.uscis.gov/processing-times.
What should you NOT do?
Don't start working before your visa is approved and your start date has arrived. Working without authorization is a violation of immigration law that can result in removal and bars to future immigration benefits under INA section 212(a)(6)(C).
Don't let your employer skip the LCA for H-1B. The Labor Condition Application is legally required and ensures you are paid the prevailing wage. An employer who files an H-1B without a valid LCA faces penalties, and you could lose your status.
Don't overstay your authorized period. Your I-94 record (available at i94.cbp.dhs.gov) shows your authorized stay, which may differ from the visa stamp expiration date. Overstaying by more than 180 days triggers a 3-year bar; more than 1 year triggers a 10-year bar under INA section 212(a)(9)(B).
Don't change employers without authorization. H-1B holders can port to a new employer by having the new employer file a new I-129 petition under AC21 portability. You can begin working for the new employer once the petition is filed, but only if you were in valid H-1B status. Other visa types may not allow employer changes.
Don't pay the employer's filing fees. Under H-1B rules, the employer is required to pay the base filing fee and the ACWIA training fee. Making the employee pay these fees is a violation of Department of Labor regulations at 20 C.F.R. section 655.731.
Common Questions
When does work visas apply?
This applies when:A U.S. employer wants to hire a foreign worker for a temporary positionYou have a job offer from a U.S. company and need work authorizationYou are being transferred from a foreign office to a U.S. office of the same companyYou have extraordinary ability in sciences, arts, education, business, or athleticsYou are a Canadian or Mexican professional eligible under USMCAKey visa types and requirements:H-1B (Specialty Occupation): Requires a bachelor's degree or equivalent in a specific field related to the job. Employer files Form I-129 with an LCA (Labor Condition Application —...
What should I do about work visas?
Step 1: Identify the correct visa category for your situation. Match your qualifications and the job requirements to a specific visa type. USCIS has a visa wizard tool at uscis.gov to help.Step 2: Your employer must file Form I-129 (Petition for a Nonimmigrant Worker) with USCIS. For H-1B, the employer must first file a Labor Condition Application (LCA) with the Department of Labor. For H-1B cap-subject petitions, the employer must register during the annual registration period (typically in March) and be selected in the lottery before filing.Step 3: Consider premium processing. By filing Form...
What mistakes should I avoid with work visas?
Don't start working before your visa is approved and your start date has arrived. Working without authorization is a violation of immigration law that can result in removal and bars to future immigration benefits under INA section 212(a)(6)(C).Don't let your employer skip the LCA for H-1B. The Labor Condition Application is legally required and ensures you are paid the prevailing wage. An employer who files an H-1B without a valid LCA faces penalties, and you could lose your status.Don't overstay your authorized period. Your I-94 record (available at i94.cbp.dhs.gov) shows your authorized stay...
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