US Work Visa Types: Requirements, Costs, and How to Apply

To work legally in the United States as a foreign national, you generally need a US employer to sponsor you for a temporary work visa tied to a specific job, and the visa category you qualify for depends on your profession, education, and nationality. Understanding the main US work visa types and how to apply for one starts with matching your situation to a category, because each has its own eligibility rules, numerical limits, and maximum stay under the Immigration and Nationality Act.¹ Most categories require an employer to file the petition for you; a few let you self-petition or apply based on investment or nationality.

The Main Work Visa Categories

Picking the right category matters. Each has different caps, timelines, and rules about what you can do once you arrive.

H-1B: Specialty Occupations

The H-1B covers professional roles that require at least a bachelor’s degree in a directly related field, including engineering, mathematics, sciences, medicine, accounting, law, and architecture.² The job has to be complex enough that a degree is a genuine requirement, and your degree needs to line up with the duties. If it doesn’t, expect USCIS to push back with a request for evidence or deny the petition.

L-1: Intracompany Transfers

The L-1 lets multinational companies move employees from an overseas office to a US branch, subsidiary, or affiliate. L-1A is for managers and executives; L-1B is for employees with specialized knowledge of the company’s products, systems, or procedures. You must have worked for the company abroad for at least one continuous year within the three years before filing.³

O-1: Extraordinary Ability

The O-1 is for people at the top of their field in science, education, business, athletics, or the arts. “Extraordinary ability” is a high bar: sustained national or international acclaim, supported by evidence like major awards, widely cited publications, or original contributions that shaped the field.⁴ The O-1 has no annual cap, but documentation is heavy.

TN: USMCA Professionals

Canadian and Mexican citizens can work in the US under the TN classification created by the United States-Mexico-Canada Agreement. The visa covers a specific list of professions, including engineers, accountants, scientists, and certain healthcare workers, and you must meet the educational requirements for your listed profession.⁵ Canadian citizens can often apply directly at a port of entry without filing a petition with USCIS first, which makes this one of the faster routes.

H-2A and H-2B: Seasonal Workers

The H-2A covers temporary agricultural work such as seasonal farm labor, planting, and harvesting. There is no annual cap, but employers must prove they couldn’t find enough US workers and must obtain a temporary labor certification from the Department of Labor before filing.⁶ H-2A employers are prohibited from charging workers job-related fees.

The H-2B covers temporary non-agricultural work, including seasonal hospitality, landscaping, and construction. It has a statutory cap of 66,000 visas per fiscal year, split evenly between the first and second halves. For fiscal year 2026, the Department of Homeland Security authorized an additional 64,716 visas on top of that cap.⁷ The employer must show the need is genuinely temporary, whether seasonal, a one-time event, a peak workload, or intermittent demand.⁸

E-2: Treaty Investors

The E-2 is for nationals of countries with a commerce treaty with the US who invest a substantial amount of capital in a US business. There is no fixed minimum dollar amount. Adjudicators look at whether the investment is proportional to the total cost of the enterprise, whether the money is genuinely at risk, and whether the business is real and operational.⁹ The investor must own at least 50% of the enterprise or otherwise hold operational control. Approximately 80 countries currently qualify, and the funds must be traceable to a lawful source.

Why H-1B Is Harder Than You Think

The H-1B is the visa most people ask about, and the one most likely to disappoint. Congress capped it at 65,000 visas per fiscal year, with an additional 20,000 reserved for applicants holding a master’s degree or higher from a US institution.² For the FY 2026 cap, USCIS received about 344,000 eligible registrations and selected roughly 120,000 through a random lottery.¹⁰ If your registration isn’t selected, your employer can’t file the petition at all.

The process starts with an electronic registration period each spring. Employers submit basic information about each prospective worker and pay a $215 registration fee. USCIS then runs the lottery, and only selected registrants proceed to the full petition stage. Within the 65,000 regular cap, up to 6,800 visas are set aside for nationals of Chile and Singapore under separate trade agreements.

Not every employer is subject to the lottery. Universities, nonprofit research organizations, and nonprofit entities affiliated with a higher education institution are cap-exempt, meaning they can sponsor H-1B workers year-round without worrying about annual limits. If you’re open to academic or research positions, that’s a significant practical advantage: you skip the lottery entirely.

How Long Each Visa Lasts

Every category has a maximum stay, and planning around those limits matters, especially if you eventually want permanent residence.

H-1B: up to six years total (three years initially, extendable for another three). If your employer has started the green card process and certain conditions are met, you can extend beyond six years in one-year or three-year increments.¹¹
L-1A: up to seven years.¹²
L-1B: up to five years.¹²
O-1: up to three years initially, with extensions in one-year increments as needed to complete the activity or event.⁴
TN: up to three years per admission, with no statutory maximum on renewals.⁵
H-2A and H-2B: up to three years, after which you must leave the US for at least 60 days before seeking readmission in the same classification.⁶

For H-1B holders, time spent outside the US for more than 24 hours doesn’t count against the six-year limit. That recaptured time can extend your available stay by weeks or months depending on your travel history.¹¹

How the Application Process Works

For most categories, you cannot apply on your own. A US employer has to act as your petitioner, file the paperwork, pay the government fees, and take responsibility for the terms of your employment. The government wants to see a genuine employer-employee relationship where the company controls your work and pays you directly.

Step One: Labor Condition Application (H-1B, H-2)

For H-1B petitions, the employer first files a Labor Condition Application with the Department of Labor using Form ETA 9035E.¹³ The employer commits to paying the prevailing wage, which is the average wage paid to workers in the same occupation and geographic area.¹⁴ This rule exists to prevent employers from using foreign workers to undercut domestic pay. H-2A and H-2B employers face a separate but similar requirement: they must obtain a temporary labor certification proving they tried and failed to recruit enough US workers.⁸

Step Two: The USCIS Petition

Once any required labor certification is issued, the employer files Form I-129, Petition for a Nonimmigrant Worker, with USCIS.¹⁵ You’ll need to supply documents proving you’re qualified: university transcripts and diplomas, a current resume, and letters from prior employers confirming your job titles and duties. If your education was completed outside the US, you’ll typically need a credential evaluation from an accredited agency, and any foreign-language document needs a certified English translation.

Internal consistency matters more than most applicants realize. A mismatch between the salary listed on the I-129 and the Labor Condition Application, or a job title that doesn’t align with the degree field, can trigger a request for evidence that adds months to the timeline. Review the entire package before filing.

Step Three: Consular Processing and the Interview

If you’re outside the US when USCIS approves the petition, you’ll go through consular processing. USCIS issues an I-797 approval notice, and the case is forwarded to the National Visa Center. You then complete the DS-160 online nonimmigrant visa application, which collects biographical information, travel history, and details about your intended employment.¹⁶

At the interview, a consular officer looks at the legitimacy of the job offer and your qualifications, and for temporary categories may assess whether you intend to return home when your authorized period ends. If approved, the visa stamp goes into your passport, usually within a few business days. That stamp lets you travel to a US port of entry, where a Customs and Border Protection officer makes the final call on admission and how long you can stay.

What It Costs

Government fees vary by category, employer size, and whether add-ons apply. H-1B petitions carry multiple layered surcharges: a base filing fee, an anti-fraud fee, a training fee that varies by company size, and an asylum program fee. Total government fees can run into several thousand dollars per H-1B petition before attorney costs.

USCIS also offers premium processing for employers who need a faster answer. As of March 2026, the premium processing fee for most I-129 classifications, including H-1B, L-1, O-1, and TN, is $2,965 for action within 15 business days. Action means an approval, a denial, or a request for evidence, not necessarily a final decision. For H-2B and R-1 petitions, the premium processing fee is $1,780.¹⁷ Without premium processing, standard timelines can run several months.

On the applicant’s side, you pay the machine-readable visa fee before scheduling your consular interview: $205 for petition-based categories like H, L, and O, $185 for TN, and $315 for E-2 treaty investor visas.¹⁸

Bringing Your Family

Most work visa categories let your spouse and unmarried children under 21 come with you on a dependent visa. H-1B families enter on H-4 visas, L-1 families on L-2 visas, and so on. Dependents can generally attend school in the US, but work authorization depends on the dependent category.

L-2 spouses have the most straightforward path. Since November 2021, USCIS considers L-2 spouses authorized to work based on their immigration status alone, with no separate work permit application required. Their Form I-94 is marked “L-2S,” which employers accept as proof of work authorization.¹⁹

H-4 spouses face a narrower window. An H-4 spouse can apply for a work permit only if the H-1B holder has an approved immigrant petition (Form I-140) or qualifies for an H-1B extension beyond the standard six-year limit under the American Competitiveness in the Twenty-First Century Act.²⁰ If approved, the H-4 work permit lets you work for any employer, but it’s tied to the primary H-1B worker maintaining valid status. If the H-1B holder loses status, the H-4 work authorization ends with it.

Losing Your Job or Changing Employers

Temporary work visas are tied to a specific employer, so a layoff or a job switch creates an immediate immigration issue.

H-1B workers can begin working for a new employer as soon as that employer files a new, nonfrivolous petition with USCIS; you don’t have to wait for approval. This portability rule applies as long as you were lawfully admitted, the new petition is filed before your current authorized stay expires, and you haven’t worked without authorization.²¹ If the new petition is ultimately denied, your work authorization with the new employer ends. If your current status expires before the new petition is filed, portability won’t save you.

If your employment ends for any reason, federal regulations give workers in H-1B, L-1, O-1, TN, and E classifications up to 60 consecutive days to remain in the US without losing legal status, provided that window doesn’t extend past the end date on your current authorization.²² You cannot work during this period. The 60 days are meant to give you time to find a new sponsor, change to a different status, or leave the country. The grace period isn’t automatic (USCIS can shorten or deny it), and you only get it once per authorized validity period, not once per job.

Deadlines and Overstay Risk

The single biggest mistake people make with work visas is treating deadlines as suggestions. Your authorized stay has a hard end date. An overstay of more than 180 days can trigger a three-year bar on reentering the United States; more than a year triggers a ten-year bar.

Extensions must be filed before your current status expires. USCIS will not accept a late extension request, and “I didn’t realize” isn’t a defense. If your employer is dragging on an extension filing, escalate it; their delay becomes your immigration crisis.

Unauthorized employment is equally serious. Working for an employer who hasn’t filed a petition for you, freelancing on the side, or continuing to work after your visa expires can lead to revocation and denial of future visa applications. Immigration officers have broad access to employment records and tax filings, and inconsistencies between your visa status and your work history are what they look for.

Keep certified copies of every approval notice, every I-94 record, and every pay stub. If something goes wrong, those documents are what an immigration attorney needs to help you recover.

1
Office of the Law Revision Counsel. 8 USC 1184 – Admission of Nonimmigrants
2
U.S. Citizenship and Immigration Services. H-1B Cap Season
3
U.S. Citizenship and Immigration Services. L-1A Intracompany Transferee Executive or Manager
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U.S. Citizenship and Immigration Services. O-1 Visa – Individuals with Extraordinary Ability or Achievement
5
U.S. Citizenship and Immigration Services. TN USMCA Professionals
6
U.S. Citizenship and Immigration Services. H-2A Temporary Agricultural Workers
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U.S. Citizenship and Immigration Services. Cap Count for H-2B Nonimmigrants
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U.S. Citizenship and Immigration Services. H-2B Temporary Non-Agricultural Workers
9
U.S. Citizenship and Immigration Services. E-2 Treaty Investors
10
U.S. Citizenship and Immigration Services. H-1B Electronic Registration Process
11
U.S. Citizenship and Immigration Services. FAQs for Individuals in H-1B Nonimmigrant Status
12
U.S. Citizenship and Immigration Services. USCIS Policy Manual Volume 2 Part L Chapter 10 – Period of Stay
13
U.S. Department of Labor. Important Foreign Labor Certification H-1B, H-1B1 and E-3 Information
14
U.S. Department of Labor. Prevailing Wage Information and Resources
15
U.S. Citizenship and Immigration Services. I-129, Petition for a Nonimmigrant Worker
16
U.S. Department of State. Online Nonimmigrant Visa Application (DS-160)
17
U.S. Citizenship and Immigration Services. USCIS to Increase Premium Processing Fees
18
U.S. Department of State. Fees for Visa Services
19
U.S. Citizenship and Immigration Services. USCIS Policy Manual Volume 10 Part B Chapter 2 – Employment Authorization for Certain H-4, E, and L Nonimmigrant Dependent Spouses
20
Federal Register. Employment Authorization for Certain H-4 Dependent Spouses
21
Office of the Law Revision Counsel. 8 USC 1184 – Admission of Nonimmigrants
22
eCFR. 8 CFR 214.1 – Requirements for Admission, Extension, and Maintenance of Status