Work Visas
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Sourced from primary statutes (U.S. Code, CFR, state compiled statutes) and official government agency guidance. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
The U.S. has more than a dozen temporary work visa categories, each carved out for a specific kind of employment. The headline visa is the H-1B for specialty occupations requiring at least a bachelor's degree — annual cap of 65,000 visas plus 20,000 more for applicants with U.S. advanced degrees. Demand outstrips supply by 4x or more, so USCIS uses a lottery. Starting FY2027, the lottery becomes wage-weighted under a December 2025 USCIS final rule: petitions for higher-wage Level IV roles get roughly four times the selection odds of entry-level Level I roles. The old purely random lottery is gone, and wage level is now a strategic input.
One major recent change: a $100,000 supplemental fee applies to H-1B petitions for beneficiaries outside the United States, under Presidential Proclamation 10973 (effective September 21, 2025 through September 21, 2026). It does not apply to change-of-status petitions for beneficiaries already in the U.S. — roughly 54% of cap petitions. File an affected petition without the $100K fee and it gets denied with no refund.
Other major work visas: L-1 for intracompany transferees, O-1 for extraordinary ability, E-2 for treaty investors, TN for Canadian and Mexican professionals under USMCA, and H-2A/H-2B for seasonal agricultural and non-agricultural workers. Each has its own requirements, fees, and processing time. Picking the right one is the foundation of any work-based plan.
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. Wage-weighted lottery (from FY2027): Selection probability scales with DOL wage level — Level IV positions get ~4× the odds of Level I. $100,000 supplemental fee applies to petitions for beneficiaries outside the U.S. (Sept 21, 2025–Sept 21, 2026). Social media screening: All H-1B and H-4 visa applicants must set social media accounts to public for consular review (effective December 2025).
- 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 to Do If You Need a U.S. Work Visa
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 $2,965 fee (effective March 2026), 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.
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