How to Get a US Work Visa

Updated October 13, 2026 · 2 min read · 4 sources

Short answer

Most US work visas require a US employer to sponsor you by filing a petition with USCIS. Common options are the H-1B for specialty occupations, L-1 for intracompany transfers, O-1 for people with extraordinary ability, TN for Canadian and Mexican professionals, and E visas for treaty investors and traders. Permanent work-based immigration usually requires labor certification and an immigrant petition.

The US has many work visa categories, each with its own rules. The right one depends on your job, education, nationality and employer.

Temporary (nonimmigrant) work visas

Visa Who it is for Key points
H-1B Specialty occupations requiring at least a bachelor's degree Annual cap and selection process; employer petition; up to 6 years in most cases
L-1 Managers, executives (L-1A) and specialized knowledge employees (L-1B) transferring within a company Must have worked abroad for the company for 1 continuous year in the prior 3
O-1 Extraordinary ability in sciences, arts, education, business, athletics or film/TV Evidence of national or international acclaim
TN Canadian and Mexican professionals in listed professions under the USMCA No cap; Canadians can apply at the border
E-1 / E-2 Treaty traders and investors from treaty countries Substantial trade or investment in a US business
H-2A / H-2B Temporary agricultural and non-agricultural seasonal workers Labor certification required
R-1 Religious workers Religious organization sponsor

Sources: USCIS, Working in the United States.

How sponsorship works

  1. The employer confirms you qualify and the job fits the category.
  2. For some categories (H-1B, H-2), the employer files a labor condition application or labor certification with the Department of Labor.
  3. The employer files a petition with USCIS, often Form I-129.
  4. After approval, you apply for a visa at a US consulate abroad, or change status if you are already in the US lawfully.

H-1B changes for 2026

For the FY 2027 cap season, DHS replaced the purely random H-1B lottery with a wage-weighted selection, and a presidential proclamation imposed a $100,000 payment on certain new H-1B petitions for workers outside the US, which is being litigated (Vorys). See H-1B lottery, fees and what comes next.

Permanent work-based green cards

Employment-based immigration (EB-1 to EB-5) usually requires PERM labor certification and an I-140 petition, followed by a wait for a visa number based on your category and country of birth (State Department). EB-1 extraordinary ability and EB-2 national interest waiver applicants can self-petition.

Common mistakes

  • Working before authorization starts
  • Changing employers without a new petition where required
  • Assuming a student or tourist visa allows work

If you already have work authorization through another status, see what you can do with a work permit. An immigration lawyer can match you to the right category.

Sources

  1. USCIS: Working in the United States
  2. USCIS: H-1B specialty occupations
  3. U.S. Department of State: Employment-based immigrant visas
  4. Vorys: FY 2027 H-1B lottery updates, weighted selection and $100,000 fee

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This article is general legal information, not legal advice, and reading it does not create an attorney-client relationship. Laws differ by state and change over time; talk to a licensed attorney in your state about your situation.

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