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Key Takeaways
- Most U.S. work visas start with a U.S. employer, which offers the job and files a petition with USCIS. In most categories, you cannot apply by yourself.
- The right visa depends on your job, education and nationality: H-1B for degree jobs, TN for Mexican and Canadian professionals, H-2A and H-2B for seasonal work, L-1 for company transfers, O-1 for extraordinary ability.
- H-1B and H-2B have annual caps. Since fiscal year 2027, the H-1B selection has favored higher wage levels.
- Courts have blocked the $100,000 H-1B payment for now, but DHS says it still plans to collect it if the order is lifted.
- A work permit (EAD) is not a visa. You need a separate basis to qualify for one, and applying alone creates no status.
- If you are in the United States without status, a job offer does not fix that. Get legal advice before you leave the country.
To get a work visa for the United States, you generally need a U.S. employer to offer you a job and file a petition with USCIS on your behalf. Once it is approved, you apply for the visa at a U.S. embassy or consulate, unless your nationality is exempt, and ask for admission at the border. The category depends on your job, education and citizenship, and some categories have annual limits.
These rules are federal, so they apply the same way wherever the job is located in the United States.
How the work visa process works, step by step
USCIS describes the common route on its Working in the United States page. For most temporary workers, it has five stages:
- Pick the category, using the table below.
- The employer completes any Labor Department step. H-1B employers file a Labor Condition Application, promising to pay at least the prevailing wage. H-2A and H-2B employers generally need a temporary labor certification showing that not enough U.S. workers are available.
- The employer files Form I-129. For H, L and O workers, this petition must be approved before the visa is granted (8 U.S.C. § 1184(c)(1)).
- You apply for the visa. With an approved petition, you complete the application and interview at a U.S. embassy or consulate (State Department, Temporary Worker Visas).
- You seek admission. A Customs and Border Protection officer decides whether you may enter.
The quotable rule is this: an approved petition makes you eligible to apply for a visa or seek admission, but neither is guaranteed, because the consular officer and the border officer each make their own decision.
Which work visa fits your situation
| Visa | Who it is for | Annual limit | Length of stay |
|---|---|---|---|
| H-1B | Specialty jobs that require at least a bachelor’s degree in the field | 65,000, plus 20,000 for U.S. master’s degrees; some employers are exempt | Up to 3 years, generally 6 in total |
| TN | Citizens of Mexico or Canada in a profession listed in the USMCA | None | Up to 3 years, renewable |
| H-2A | Temporary or seasonal farm work | None | Set by the labor certification; up to 3 years in a row |
| H-2B | Temporary non-farm work, such as seasonal jobs | 66,000, split between two half-years | Set by the labor certification; up to 3 years in a row |
| L-1 | Managers, executives and specialized staff transferring within one company | None | L-1A up to 7 years; L-1B up to 5 |
| O-1 | People with extraordinary ability or achievement | None | Up to 3 years, then extensions of up to 1 year |
| E-3 | Australian citizens in specialty jobs | 10,500 | 2 years, with extensions |
Sources: USCIS category pages; 8 U.S.C. § 1184(c)(2)(D) and (g).
Our work visa attorneys page describes each category we handle, and our business visa page covers investors and company transfers.
If you have a degree: the H-1B
Most employers must register you in an annual selection at $215 per person. Only a selected registration can lead to a petition, with a start date of October 1 or later. USCIS says the fiscal year 2027 cap has been reached, so most new applicants must wait for the next registration period. Since fiscal year 2027, a registration enters the pool one to four times, according to its wage level, so a higher wage improves the odds. Colleges and universities, related nonprofits, and nonprofit or government research organizations are exempt from the cap (8 U.S.C. § 1184(g)(5)).
If you are from Mexico or Canada: the TN
The TN has no lottery, but your profession must appear on the USMCA list, and the job must be prearranged. A Mexican citizen living abroad applies directly for a TN visa at a U.S. embassy or consulate in Mexico. A Canadian citizen needs no visa and can apply at certain ports of entry with proof of citizenship and an employer letter.
If the work is seasonal: H-2A and H-2B
The employer, not the worker, starts these cases. The employer must show a temporary need and a shortage of U.S. workers. The H-2B allows 33,000 workers in each half of the fiscal year, and USCIS reached the limit for the first half of fiscal year 2027 on September 4, 2026. New capped petitions now need a start date of April 1, 2027, or later. The H-2A for farm work has no cap in the statute.
What a work visa costs, and who pays
There is no single price. The largest costs usually fall on the employer. These are the USCIS fees for a paper filing on the current fee schedule; online filing is typically $50 less.
| Visa | Filing fee | Common added fees |
|---|---|---|
| H-1B | $780 | $600 Asylum Program Fee; $500 fraud fee; $750 or $1,500 training fee, by employer size |
| TN or E-3 | $1,015 | $600 Asylum Program Fee |
| O-1 | $1,055 | $600 Asylum Program Fee |
| L-1 | $1,385 | $600 Asylum Program Fee; $500 fraud fee |
| H-2A, named workers | $1,090 | $600 Asylum Program Fee |
| H-2B, named workers | $1,080 | $600 Asylum Program Fee; $150 fraud fee |
Source: USCIS Form G-1055, edition 10/26/26. Small employers and nonprofits pay less. Premium processing, where available, is $2,965 ($1,780 for H-2B). Consular visa fees are separate. Fees change, so check before you file.
Who pays matters as much as how much:
- H-2A and H-2B workers. USCIS prohibits collecting job placement fees or other fees related to the employment from H-2A and H-2B workers.
- H-1B workers. The employer may not recoup its own business expenses from the required wage, including legal costs of preparing the labor application and the petition (20 C.F.R. § 655.731(c)).
- Everyone. USCIS warns that a job offer asking you to pay money may be a scam.
How long it takes
There is no single timeline, because several agencies are involved. The Labor Department’s processing times page shows part of the picture:
- PERM labor certification: as of October 21, 2026, analysts were reviewing cases filed in January 2026.
- USCIS petition: times change monthly, so use its processing times tool. With premium processing, USCIS acts within 15 business days for most classifications.
Recent changes to check before filing
- The $100,000 H-1B payment. A September 2025 proclamation required it for certain new petitions, mainly for workers abroad. On June 8, 2026, a federal court vacated the agency guidance, and on July 24, 2026, the First Circuit refused to pause that order. USCIS says DHS will comply but still plans to collect the payment if the order is lifted.
- A new Form I-129. From November 9, 2026, USCIS accepts only the 09/09/26 edition. It also changed the mailing addresses on October 7, 2026, and accepts forms sent to a prior address only if postmarked by November 9.
- A wider 9-11 Biometric Fee. Since September 9, 2026, employers with 50 or more U.S. employees, more than half in H-1B or L-1 status, must pay it on nearly all H-1B ($4,000) and L-1 ($4,500) petitions.
- Nationality limits. Since December 2025, USCIS has instructed officers to hold and review benefit requests from people of countries it lists as high risk (USCIS policy memoranda). The State Department has also announced limits on visas for certain nationalities, so check its visa news page for your country.
If you are already in the United States
With a lawful status
USCIS says you generally may apply to change to a status that allows work. If you hold H-1B status and change jobs, you can start with the new employer once it properly files a non-frivolous petition, or on the requested start date if later, if you meet the portability conditions. If your job ends, 8 C.F.R. § 214.1(l)(2) gives E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 and TN workers up to 60 days, once per validity period, without being treated as out of status. You generally may not work during that time, and DHS can shorten it.
Without a lawful status
This is where advice matters most. A job offer does not create status, and most people who worked without authorization or fell out of status are barred from adjusting through an employment petition (8 U.S.C. § 1255(c)). Leaving can make things worse: more than 180 days of unlawful presence can trigger a three-year bar on returning, and a year or more a ten-year bar (8 U.S.C. § 1182(a)(9)(B)). Our guide to what to do if ICE comes to your door covers your rights in the meantime.
A work permit is not a work visa
An Employment Authorization Document (EAD) proves you may work for a set period. You request it with Form I-765 (generally $520 on paper or $470 online; some categories differ), but only if you fall within an eligible category, such as a pending green card application or DACA. Renewal applications filed on or after October 30, 2025, no longer get an automatic extension in most categories, so file early.
From a work visa to a green card
A temporary visa does not become a green card on its own. Employment-based green cards have their own categories:
- EB-1: extraordinary ability (you can file for yourself), outstanding researchers and multinational managers.
- EB-2: advanced degrees or exceptional ability. A national interest waiver removes the job offer requirement.
- EB-3: skilled workers, professionals and other workers. Other workers, in jobs needing under two years of training, share a limit of 10,000 visas a year (8 U.S.C. § 1153(b)(3)(B)).
EB-2 and EB-3 generally require a PERM labor certification before the employer files Form I-140. These cases then wait for a visa number under the Visa Bulletin, which works much as we explain in our guide to family green card waits. Our green card attorneys handle that path.
What to do this week
- Match your job to a category using the table above, and note your citizenship.
- Ask a potential employer directly whether it will sponsor you and pay the employer’s costs.
- Pay no one for a job offer.
- Talk to a lawyer first if you have overstayed, worked without permission, or had contact with immigration enforcement.
Frequently asked questions
Talk to a work visa attorney
Banker’s Hill Law Firm has practiced law since 1991. Maxwell Agha and our team can review your job, your nationality and your immigration history, in English or Spanish, and tell you which options are realistic. Our work visa attorneys represent both employees and employers, and our immigration practice also handles family and green card cases.
We offer a free evaluation so you can explore your options without any obligation.
Call (619) 230-0330 or contact our office.
This article is general information about U.S. immigration law and is not legal advice. Reading it does not create an attorney-client relationship. Immigration rules, fees, forms and processing times change often; check the official USCIS, Department of Labor and State Department pages and speak with an attorney before you file.
