Types of U.S. Work Visas: H-1B, L-1, TN, and EB Categories

The types of U.S. work visas fall into two broad groups: temporary (nonimmigrant) visas that authorize employment for a set period, and permanent (immigrant) visas that lead to a Green Card. Which one fits depends on the job, the worker’s qualifications, the employer’s situation, and how long the worker plans to stay. The Department of State handles visa processing at consulates abroad, and U.S. Citizenship and Immigration Services (USCIS) adjudicates petitions filed inside the United States.

H-1B for Specialty Occupations

The H-1B is the most widely used professional work visa. It covers jobs that require at least a bachelor’s degree in a field directly related to the position, such as software engineers, financial analysts, and architects. The employer files a Labor Condition Application with the Department of Labor, certifying it will pay at least the prevailing wage, and then files Form I-129 with USCIS.

Two country-specific alternatives share the H-1B’s structure. The E-3 is reserved for Australian citizens in specialty occupations, and the H-1B1 covers professionals from Chile and Singapore. Both use similar education and wage standards.

Annual Cap and Lottery

Congress caps new H-1B approvals at 65,000 per fiscal year, with an additional 20,000 slots reserved for workers holding a U.S. master’s degree or higher. Because demand outstrips supply, USCIS runs an electronic lottery. For fiscal year 2027, the registration window ran from March 4 through March 19, 2026, and employers paid a $215 registration fee per worker. The selection process is beneficiary-centric, so each worker gets one chance regardless of how many employers register them. Within the 65,000 regular cap, 6,800 visas are set aside for H-1B1 workers from Chile and Singapore, and unused H-1B1 visas roll into the general pool the following year.¹

Not every petition counts against the cap. Universities, nonprofit research organizations, and government research entities can sponsor H-1B workers year-round without entering the lottery. Workers already in H-1B status who are transferring or extending are also cap-exempt.

How Long You Can Stay

An H-1B worker is initially admitted for up to three years and can extend for another three, for a six-year maximum. Extensions past six years are available if the worker has an approved Form I-140 immigrant petition, or a labor certification application that has been pending for at least 365 days before the six-year mark.

The H-1B is a dual-intent visa. Filing for a Green Card will not undermine an H-1B extension or cause problems returning from travel abroad, which is a meaningful advantage over most other temporary categories.

H-2A and H-2B for Temporary Seasonal Work

Two categories cover temporary jobs that don’t require a college degree, and they operate under very different rules.

H-2A Agricultural Workers

The H-2A brings foreign workers into temporary or seasonal farm labor. There is no annual numerical cap.² The employer must first obtain a temporary labor certification from the Department of Labor showing that not enough U.S. workers are available and that hiring foreign workers will not depress wages or working conditions.³

H-2A employers carry substantial obligations. They must pay at least the adverse effect wage rate (or the prevailing wage, the collective bargaining rate, or minimum wage, whichever is highest), provide free housing to workers who can’t reasonably commute home each day, cover daily transportation between housing and the worksite, and guarantee at least three-quarters of the total hours in the contract period.³

H-2B Non-Agricultural Workers

The H-2B covers temporary non-agricultural jobs where the employer’s need is seasonal, one-time, peak-load, or intermittent. Landscaping companies, resorts, seafood processors, and carnival operators are common users. Congress caps the H-2B at 66,000 per fiscal year, split evenly between the two halves of the fiscal year. The Department of Homeland Security often releases supplemental visas; for fiscal year 2026, an additional 64,716 H-2B visas were made available on top of the statutory cap.⁴

As with the H-2A, the employer needs a temporary labor certification before filing Form I-129, and it must show that the need is genuinely temporary and no qualified U.S. workers are available.⁵

L-1 for Intracompany Transfers

The L-1 moves employees from a company’s foreign office to its U.S. office. The L-1A covers managers and executives; the L-1B covers workers with specialized knowledge of the company’s products, services, or internal procedures. The worker must have been employed by the foreign entity for at least one continuous year in the three years before transfer.

L-1A holders can stay up to seven years total (initial three-year period, then two-year extensions). L-1B holders max out at five years. Companies opening a brand-new U.S. office get a shorter initial period of one year, then request extensions by showing the office is operational.⁶

Large multinational employers that regularly transfer people can file a blanket L petition, which pre-approves the corporate structure. Individual employees then apply directly at a consulate using Form I-129S. Approval of the blanket doesn’t guarantee any individual visa; each transferee still has to qualify personally.

The L-1 is dual-intent. L-1A workers in particular have a natural transition to the EB-1C Green Card category for multinational managers and executives.

E-1 and E-2 Treaty Trader and Investor Visas

The E-1 (Treaty Trader) and E-2 (Treaty Investor) visas are available only to citizens of countries with a qualifying treaty of commerce with the United States.⁷ The E-1 requires substantial trade principally between the United States and the treaty country. The E-2 requires a substantial capital investment in a U.S. business.⁸

“Substantial” has no fixed dollar figure for the E-2. The investment must be enough to ensure the business can operate successfully, the capital must be genuinely at risk, and a marginal enterprise that only supports the investor’s family usually won’t qualify. Documentation typically includes business plans, bank statements, and evidence that funds came from a legitimate source.

E-2 investors are admitted for up to two years initially and can extend in two-year increments with no maximum total stay, as long as they keep meeting the requirements.⁹ Most applicants process at a U.S. consulate rather than through USCIS. One boundary worth flagging: E visas are not formally dual-intent, which can complicate a later transition to permanent residence.

O-1 and P Visas for Top Talent and Performers

The O-1 is for individuals who have risen to the top of their field in science, arts, education, business, or athletics. USCIS looks for sustained national or international acclaim, evidenced by major awards, published research, high salary relative to peers, or membership in organizations that require outstanding achievement.¹⁰

Every O-1 petition must include a written advisory opinion from a peer group or labor organization.¹⁰ O-1 holders can’t self-petition; a U.S. employer or agent has to file Form I-129. A legal entity owned by the O-1 beneficiary can act as the petitioner, which gives freelancers a workable path. The initial stay is up to three years with one-year extensions and no statutory maximum.¹¹

Athletes, entertainers, and artists who don’t meet the O-1 bar may qualify under the P visa categories. The P-1 covers internationally recognized athletes and entertainment groups, the P-2 covers performers under a reciprocal exchange program, and the P-3 covers artists and entertainers in a culturally unique program. All P petitions require a labor organization consultation.

TN for Canadian and Mexican Professionals

The TN visa, created under what is now the United States-Mexico-Canada Agreement, offers a streamlined route for professionals from Canada and Mexico. It covers a specific list of occupations, including accountants, engineers, scientists, pharmacists, and about 60 others. The applicant needs at least a bachelor’s degree or the credential the treaty appendix specifies for that profession.¹²

Canadian citizens have the simplest entry process of any work visa: they present an employer offer letter, credentials, and proof of citizenship at a port of entry or preclearance facility. No advance USCIS petition is needed. Mexican citizens go the conventional route through a U.S. consulate.

TN status is granted for up to three years at a time with no limit on extensions. A TN holder’s spouse and unmarried children under 21 enter on TD status, which allows full-time study but not employment. Renewals happen either at the border with updated documents or through Form I-129 filed with USCIS while the worker stays in the country; TN workers who file an extension through USCIS may keep working for up to 240 days beyond their status end date while the petition is pending.

The TN is not dual-intent. Workers who signal intent to immigrate permanently risk denial at the border or during extension, which is where many TN holders get into trouble when they start thinking about a Green Card.

J-1 for Exchange Visitors

The J-1 covers a wide range of exchange programs, several of which authorize employment: interns, trainees, au pairs, camp counselors, summer work travel participants, teachers, professors, research scholars, and physicians.¹³ Each program has its own duration limits and rules about what work is permitted.

The J-1 runs through designated sponsor organizations, not USCIS petitions. The sponsor issues Form DS-2019, which the participant uses to apply for a visa at a consulate.

The biggest catch is the two-year home-country physical presence requirement. Certain J-1 holders, particularly those in government-funded programs, those from countries on the skills list, or those who did graduate medical training, must return home for two years before applying for an H, L, or K visa or for permanent residence.¹⁴ A State Department waiver is possible but has its own separate process. Anyone considering a J-1 with long-term U.S. career plans should find out whether the two-year rule will apply before accepting the position.

Permanent Employment-Based Categories: EB-1 Through EB-5

Employment-based Green Cards fall into five preference categories. At least 140,000 immigrant visas are allocated across them each fiscal year.¹⁵ The sponsoring employer usually files Form I-140, though the process varies by category.

EB-1: Priority Workers

The EB-1 covers three groups: individuals with extraordinary ability, outstanding professors and researchers, and multinational managers or executives transferring to a U.S. entity. The extraordinary ability and outstanding researcher sub-categories generally skip labor certification, which saves significant time. Multinational managers need a qualifying corporate relationship and at least one year of employment with the foreign entity in the three years before the petition.

EB-2: Advanced Degrees and Exceptional Ability

The EB-2 is for professionals with an advanced degree (master’s or higher, or a bachelor’s plus five years of progressive experience) or with exceptional ability in the sciences, arts, or business. Most petitions require the employer to complete the PERM labor certification process.

The main exception is the National Interest Waiver, which lets applicants skip both the labor certification and the job offer requirement. Under Matter of Dhanasar, an NIW applicant must show that the proposed work has substantial merit and national importance, that they are well-positioned to advance it, and that waiving the job offer requirement would benefit the United States on balance. Because it allows self-petitioning, the NIW is popular with researchers, entrepreneurs, and physicians willing to work in underserved areas.

EB-3: Skilled Workers, Professionals, and Other Workers

The EB-3 has three tiers: skilled workers with at least two years of training or experience, professionals holding a bachelor’s degree, and “other workers” in unskilled positions that require less than two years of training. All three require PERM labor certification. The “other workers” sub-category faces the longest waits because it gets the smallest visa allocation.

EB-4: Special Immigrants

The EB-4 uses Form I-360 and covers a varied group, including religious workers, certain current or former employees of U.S. government agencies abroad, and broadcasters. Religious workers must have been members of and working for the religious organization for at least two years before the petition.

EB-5: Immigrant Investors

The EB-5 gives a Green Card to foreign nationals who invest in a new commercial enterprise that creates at least ten full-time jobs for U.S. workers.¹⁶ Under the EB-5 Reform and Integrity Act of 2022, the standard investment minimum is $1,050,000, reduced to $800,000 for projects in targeted employment areas such as rural communities or high-unemployment zones. These thresholds run through 2026 and are scheduled for automatic adjustment beginning January 1, 2027. Investors file Form I-526 with evidence that the funds came from a lawful source.

Priority Dates and Waits

Every employment-based immigrant petition gets a priority date, which marks the applicant’s place in line. Because demand in some categories far exceeds annual supply, applicants from high-demand countries can wait years or even decades. The Department of State publishes a monthly Visa Bulletin showing which priority dates can move forward. Cut-off dates can move backward when demand spikes, a phenomenon called retrogression.

Once a priority date becomes current, the applicant either files Form I-485 to adjust status inside the United States, or attends an immigrant visa interview at a consulate abroad. Adjustment of status has practical benefits, including the ability to change employers after the I-485 has been pending for 180 days and work authorization while the case is pending.

If Your Job Ends: The 60-Day Grace Period

Workers in H-1B, H-1B1, E-1, E-2, E-3, L-1, O-1, and TN status get a grace period of up to 60 consecutive days after employment ends, or until their authorized status expires, whichever comes first.¹⁷ The worker is considered to be maintaining status during this window but is not authorized to work. The grace period is available once per authorized petition validity period.

Those 60 days are for finding a new employer to file a transfer petition, changing status to a different visa category, or arranging to depart. If nothing happens and the I-94 expires, unlawful presence begins accruing. More than 180 days triggers a three-year bar on reentry after departure; a year or more triggers a ten-year bar.¹⁸

Can Your Spouse Work

Most work visa categories let the holder’s spouse and unmarried children under 21 enter on a derivative status, but whether the spouse can work varies by category.

Spouses of E-1, E-2, E-3, and L-2 holders are authorized to work incident to status as of a November 2021 policy change. They don’t strictly need a separate work permit, though many obtain an Employment Authorization Document as practical proof for employers.¹⁹
H-4 spouses of H-1B holders must apply for an EAD by filing Form I-765, and eligibility is limited to those whose H-1B spouse has an approved I-140 or has been granted an H-1B extension past six years under certain provisions.¹⁹
O-3 spouses of O-1 holders and TD dependents of TN holders are not authorized to work. TD dependents may attend school full-time.

EAD processing can stretch for months, which leaves some spouses in limbo between arrival and work permission. If a renewal EAD application is filed before the current card expires and the applicant maintains valid derivative status, the existing EAD automatically extends for up to 180 days while USCIS processes the renewal.¹⁹

1
U.S. Citizenship and Immigration Services. H-1B Cap Season
2
Congress.gov. H-2A and H-2B Temporary Worker Visas: Policy and Related Issues
3
U.S. Department of Labor. Fact Sheet #26: Section H-2A of the Immigration and Nationality Act
4
U.S. Citizenship and Immigration Services. Cap Count for H-2B Nonimmigrants
5
U.S. Citizenship and Immigration Services. H-2B Temporary Non-Agricultural Workers
6
U.S. Citizenship and Immigration Services. L-1A Intracompany Transferee Executive or Manager
7
U.S. Department of State Foreign Affairs Manual. 9 FAM 402.9 – Treaty Traders, Investors, and Specialty Occupations – E Visas
8
Legal Information Institute. 8 U.S. Code 1101 – Definitions
9
U.S. Citizenship and Immigration Services. E-2 Treaty Investors
10
U.S. Department of State Foreign Affairs Manual. 9 FAM 402.13 – Extraordinary Ability – O Visas
11
U.S. Citizenship and Immigration Services. O-1 Visa: Individuals with Extraordinary Ability or Achievement
12
eCFR. 8 CFR 214.6 – Citizens of Canada or Mexico Seeking Temporary Entry Under USMCA
13
U.S. Citizenship and Immigration Services. 7.4.1 Exchange Visitors (J-1)
14
U.S. Department of State. Waiver of the Exchange Visitor Two-Year Home-Country Physical Presence Requirement
15
U.S. Department of State Foreign Affairs Manual. 9 FAM 502.4 – Employment-Based IV Classifications
16
U.S. Citizenship and Immigration Services. EB-5 Immigrant Investor Program
17
U.S. Citizenship and Immigration Services. Options for Nonimmigrant Workers Following Termination of Employment
18
U.S. Citizenship and Immigration Services. Unlawful Presence and Inadmissibility
19
U.S. Citizenship and Immigration Services. Employment Authorization for Certain H-4, E, and L Nonimmigrant Dependent Spouses