The types of U.S. work visas fall into two broad groups: temporary (nonimmigrant) visas that tie you to a specific employer or activity for a set period, and employment-based green cards that grant permanent residency. Most temporary categories require an employer to sponsor you, so you generally cannot apply on your own. The right choice depends on your occupation, your nationality, and whether you plan to stay for a few seasons or the rest of your career.
H-1B and Other Professional Work Visas
The H-1B is the most widely used temporary work visa for professional roles. It covers positions requiring the practical application of highly specialized knowledge and at least a bachelor’s degree (or its equivalent) in a directly related field.1U.S. Citizenship and Immigration Services. H-1B Specialty Occupations Engineers, software developers, financial analysts, architects, and research scientists are common examples. Your employer files the petition; you cannot self-petition.
The maximum stay is six years, granted as an initial three-year period plus one three-year extension.2U.S. Citizenship and Immigration Services. FAQs for Individuals in H-1B Nonimmigrant Status If your employer has started a green card case for you, extensions beyond six years are possible in one-year or three-year increments depending on how far the process has advanced.
Congress set the annual H-1B cap at 65,000 visas, plus 20,000 more reserved for applicants who earned a master’s degree or higher from a U.S. institution.3U.S. Citizenship and Immigration Services. H-1B Cap Season Because demand far exceeds supply, USCIS runs a selection process (commonly called the “lottery”) to decide which petitions move forward. Universities, nonprofit research organizations, and government research organizations are exempt from the cap and can file at any time.
A separate slice of the 65,000 regular cap — up to 6,800 visas — is set aside each year for the H-1B1 program covering nationals of Chile and Singapore.4U.S. Department of Labor. H-1B1 Program
Australian nationals have their own specialty-occupation route, the E-3, which carries the same degree requirements as the H-1B but sits outside the H-1B cap.5U.S. Citizenship and Immigration Services. E-3 Specialty Occupation Workers from Australia Canadian and Mexican citizens have the TN visa under the United States-Mexico-Canada Agreement, which lists specific qualifying professions such as accountants, engineers, scientists, and pharmacists.6U.S. Citizenship and Immigration Services. TN USMCA Professionals Each TN admission lasts up to three years, and renewals are unlimited.7U.S. Citizenship and Immigration Services. USCIS Policy Manual Volume 2 Part P Chapter 4 Canadians often apply directly at the border; Mexican nationals typically go through a consulate.
Treaty-Based Trader and Investor Visas
The E-1 treaty trader visa is for nationals of a treaty country who carry on substantial international trade principally between the United States and their home country. There is no fixed dollar minimum, but more than 50% of the trader’s international trade must run between the U.S. and the treaty country.8U.S. Citizenship and Immigration Services. E-1 Treaty Traders The initial stay is two years, with unlimited two-year extensions.
The E-2 treaty investor visa lets nationals of treaty countries live and work in the U.S. based on a substantial investment in a U.S. business. There is no set minimum amount; the investment must be large enough relative to the total cost of the business to show real commitment, and the business cannot be “marginal.”9U.S. Citizenship and Immigration Services. E-2 Treaty Investors Stays and renewals mirror the E-1. One caution: the E-2 is not a dual-intent visa, so it does not directly lead to a green card.
Intracompany Transfers
If you already work for a multinational company abroad, the L-1 visa lets your employer move you to a U.S. office, subsidiary, or affiliate. You must have worked for the foreign company for at least one continuous year within the three years before the transfer. Two subcategories exist:
- L-1A for managers and executives who direct a department, function, or the organization itself. The initial stay is three years (one year if you’re opening a new U.S. office), with a seven-year maximum.10U.S. Citizenship and Immigration Services. L-1A Intracompany Transferee Executive or Manager
- L-1B for employees with specialized knowledge of the company’s products, processes, or proprietary systems. The maximum stay is five years.
The L-1 is a dual-intent visa, which means filing for a green card while on L-1 status will not undermine your nonimmigrant standing.
Extraordinary Ability and Performance Categories
The O-1 is for people who have risen to the top of their field in the sciences, education, business, athletics, or the arts. USCIS looks for evidence such as major awards, published research, a high salary relative to peers, or significant media coverage.11U.S. Citizenship and Immigration Services. O-1 Visa – Individuals with Extraordinary Ability or Achievement The initial stay is up to three years, with one-year extensions available as long as you continue the same work. No overall cap on extensions applies, which makes the O-1 unusually flexible.
The P-1A covers athletes competing at an internationally recognized level. The P-1B covers members of entertainment groups that have achieved international recognition as outstanding in their discipline for a sustained period; for groups, the reputation of the group itself is what counts.12U.S. Citizenship and Immigration Services. P-1B A Member of an Internationally Recognized Entertainment Group P visas are employer- or event-specific, so you’re only authorized for the performances or competitions listed in the petition.
Seasonal and Short-Term Labor
The H-2A allows employers to bring in foreign workers for temporary or seasonal farm work such as planting, harvesting, or livestock care. Before filing the visa petition, the employer must obtain a temporary labor certification from the Department of Labor and show that not enough U.S. workers are able, willing, and qualified to fill the jobs.13U.S. Citizenship and Immigration Services. H-2A Temporary Agricultural Workers There is no annual cap on H-2A visas.
The H-2B covers temporary non-farm jobs where the employer’s need is seasonal, peakload, or one-time. Landscaping companies, hotels, ski resorts, and seafood processors rely on it heavily. The statutory cap is 66,000 per fiscal year, split into 33,000 for each half; unused first-half visas roll over.14U.S. Citizenship and Immigration Services. Cap Count for H-2B Nonimmigrants Congress and DHS regularly authorize supplemental visas when demand outstrips the cap. The maximum stay is three years, after which you must leave the country for at least 60 days before returning in H-2B status.15U.S. Citizenship and Immigration Services. H-2B Temporary Non-Agricultural Workers
Exchange Visitors and Cultural Programs
The J-1 covers a broad range of exchange programs approved by the Department of State, including professors, research scholars, interns, trainees, au pairs, camp counselors, and summer work travel participants.16U.S. Department of State. Exchange Visitor Visa Each subcategory has its own rules on duration, work authorization, and dependents. Some J-1 participants are subject to a two-year home-country physical presence requirement, meaning they must return home for two years after their program ends before applying for certain other U.S. visas or a green card.
The Q-1 is narrower and focuses specifically on sharing the history, customs, and traditions of your home country. The program must include a public-facing cultural component alongside the employment.17U.S. Citizenship and Immigration Services. Q Cultural Exchange
Employment-Based Green Cards
Employment-based green cards grant permanent residency and are organized into five preference categories.
EB-1: Priority Workers
The EB-1 covers three groups: individuals with extraordinary ability in the sciences, arts, education, business, or athletics; outstanding professors and researchers with at least three years of experience; and multinational executives or managers transferred to the U.S.18U.S. Citizenship and Immigration Services. Employment-Based Immigration – First Preference EB-1 Extraordinary ability applicants can self-petition, which is unusual in employment-based immigration.
EB-2: Advanced Degrees and Exceptional Ability
The EB-2 is for professionals with an advanced degree (a master’s or higher, or a bachelor’s plus five years of progressive experience) or with exceptional ability in the sciences, arts, or business.19U.S. Department of State. Employment-Based Immigrant Visas Most EB-2 applicants need an employer sponsor and a PERM labor certification. The main exception is the National Interest Waiver, which lets you skip both the job offer and PERM if your work benefits the United States broadly enough.
EB-3: Skilled Workers, Professionals, and Other Workers
The EB-3 covers three tiers: skilled workers in jobs requiring at least two years of training or experience, professionals whose positions require a U.S. bachelor’s degree, and “other workers” performing unskilled labor that is not temporary or seasonal.19U.S. Department of State. Employment-Based Immigrant Visas All EB-3 applicants need employer sponsorship and PERM. Wait times can stretch many years, particularly for applicants born in India or China because of per-country limits.
EB-4: Special Immigrants
The EB-4 is a statutory catch-all for specific groups, including religious workers, certain employees of international organizations, translators who worked with the U.S. military, and special immigrant juveniles.19U.S. Department of State. Employment-Based Immigrant Visas
EB-5: Immigrant Investors
The EB-5 grants a green card to individuals who invest in a new U.S. commercial enterprise and create at least 10 full-time jobs for qualifying U.S. workers.20U.S. Citizenship and Immigration Services. About the EB-5 Visa Classification The minimum investment is $1,050,000 for standard projects, or $800,000 for projects in a targeted employment area covering rural areas and high-unemployment zones. These amounts are scheduled to adjust for inflation beginning with petitions filed on or after January 1, 2027.
PERM in Brief
Before filing an EB-2 or EB-3 petition (outside the NIW route), the employer must obtain a permanent labor certification from the Department of Labor. The employer runs a recruitment process, documents that no qualified U.S. workers are available, and obtains a prevailing wage determination. Federal regulations prohibit charging the employee for any PERM costs. Under ideal conditions the process takes four to six months, though audits and backlogs can extend it considerably.
If You Lose Your Job on a Work Visa
If your employment ends while you hold H-1B, H-1B1, E-1, E-2, E-3, L-1, O-1, or TN status, federal regulations give you up to 60 consecutive days to remain in the country and find a new sponsoring employer, change status, or prepare to depart.21eCFR. 8 CFR 214.1 – Requirements for Admission, Extension, and Maintenance of Status You cannot work during the grace period, and USCIS can shorten it at its discretion. The 60-day window is available once per authorized validity period.
Filing Costs and Processing Times
Costs add up quickly, and for most temporary categories the financial burden falls on the employer. USCIS charges a base filing fee for Form I-129 (the petition used for most temporary work visas), plus supplemental fees that depend on the visa type and employer size. Employers with 26 or more full-time employees pay a $600 asylum program fee on top of the base filing fee; smaller employers pay $300.
Employers who need a faster answer can request premium processing on Form I-907. For most work visa classifications filed on Form I-129, USCIS guarantees action within 15 business days or refunds the fee.22U.S. Citizenship and Immigration Services. How Do I Request Premium Processing? As of March 1, 2026, the premium processing fee for I-129 petitions (including H-1B, O-1, TN, and E-3) is $2,965. Standard processing without the upgrade varies by visa type and USCIS workload, often running from several weeks to several months.
Attorney fees add to the total. Immigration lawyers typically charge flat fees or hourly rates, ranging from a few thousand dollars for a straightforward H-1B petition to tens of thousands for complex EB-5 investor cases. For most employer-sponsored visas the employer pays the legal and filing fees, and for PERM specifically, DOL regulations forbid charging the employee any portion of the processing costs.