Employment & work visas

What is a work visa

A work visa is permission to live and work in the United States for a specific employer, in a specific role, for a defined period of time. Most work visas are temporary — they do not automatically lead to a green card. But many people use them as a stepping stone toward permanent residency.

The category you need depends on what you do, who you work for, where you are from, and what your long-term goals are. There is no single work visa. There are dozens of categories, each with its own rules, caps, timelines, and limitations.

The most common work visa categories

H-1B — Specialty Occupations

The H-1B is the most widely used work visa for professionals in fields that require at least a bachelor's degree — technology, engineering, finance, architecture, medicine, law, and others.

Key facts:

• Your employer sponsors you and files the petition

• Subject to an annual cap of 65,000 visas, plus 20,000 additional for US master's degree holders

• Oversubscribed every year — selection is by lottery in March

• Valid for three years, extendable to six

• Can be extended beyond six years if a green card process is underway

• Spouse and children under 21 can accompany you on H-4 visas — spouses may be eligible for work authorization

The lottery is the single biggest obstacle for H-1B applicants. If you are not selected, you cannot apply again until the following year. Many people apply for two or three consecutive years before getting through. Plan accordingly.

L-1 — Intracompany Transfers

The L-1 is for employees transferring from a foreign office to a US office of the same company. There is no lottery and no annual cap.

• L-1A — for managers and executives. Valid for three years initially, extendable to seven. L-1A holders have a direct path to an EB-1C green card.

• L-1B — for employees with specialized knowledge. Valid for three years initially, extendable to five.

If your company has a blanket L petition already approved, the process is significantly faster. The L-1 is one of the most efficient work visa options for employees of multinational companies.

O-1 — Extraordinary Ability

The O-1 is for individuals who have risen to the top of their field — in science, arts, education, business, athletics, or the motion picture and television industry.

• No lottery and no annual cap

• Requires substantial evidence of extraordinary achievement — awards, publications, press coverage, high salary, judging others' work, critical roles in distinguished organizations

• Valid for up to three years initially, extendable in one-year increments

• Your employer or agent sponsors you

The O-1 is more accessible than many people think. If you have a strong record of achievement in your field — even outside traditional academic or corporate contexts — it is worth exploring.

TN — Trade NAFTA

The TN visa is available exclusively to Canadian and Mexican citizens under the United States Mexico Canada Agreement. It covers a specific list of professional categories including accountants, engineers, lawyers, scientists, and others.

• Canadian citizens can apply directly at the border — approval is often same-day

• Mexican citizens apply at a US consulate

• No annual cap

• Valid for three years, renewable indefinitely

• Does not lead directly to a green card but can be held while a green card process is underway

If you are Canadian or Mexican and your profession is on the TN list, this is one of the fastest and most straightforward work visa options available.

E-2 — Treaty Investors

The E-2 is for nationals of treaty countries who are investing a substantial amount of capital in a US business they will actively manage.

• No set minimum investment — but it must be substantial relative to the total cost of the business

• You must own at least 50 percent of the business or have operational control

• Valid for two to five years depending on your country, renewable indefinitely

• Available to your spouse and children — spouses can apply for work authorization

• Does not lead directly to a green card

The E-2 is a strong option for entrepreneurs and investors from treaty countries. If you are from a country without a treaty — India and China notably do not have E-2 treaties with the US — this option is not available to you.

E-3 — Australian Specialty Occupation Workers

The E-3 is available only to Australian citizens. It functions similarly to the H-1B for specialty occupation workers but has a separate annual cap of 10,500 — which is rarely reached — making it significantly more accessible.

• Valid for two years, renewable indefinitely

• Spouse can accompany on E-3D visa and apply for work authorization

• Can be applied for directly at a US consulate without a prior USCIS petition in many cases

H-2A and H-2B — Temporary Agricultural and Non-Agricultural Workers

For employers needing temporary or seasonal workers:

• H-2A covers agricultural work — there is no cap

• H-2B covers non-agricultural temporary work — subject to an annual cap of 66,000

These visas are employer-driven. The employer must demonstrate a temporary need and that no qualified US workers are available.

H-3 — Trainees

The H-3 is for people coming to the US to receive training not available in their home country. It is not for productive employment — it is specifically for training programs. It is rarely used but worth knowing about in specific circumstances.

J-1 — Exchange Visitors

The J-1 covers a broad range of exchange visitor programs — researchers, professors, physicians, au pairs, camp counselors, interns, and others. It is program-specific and sponsor-dependent.

Some J-1 holders are subject to a two-year home residency requirement — meaning they must return to their home country for two years before applying for certain US visas or a green card. Whether this requirement applies to you depends on your program and funding source. If you are on or have been on a J-1, confirm your status before making any plans.

For employers

Hiring a foreign national on a work visa involves obligations that go beyond filing the petition. Employers sponsoring H-1B workers must comply with Department of Labor requirements — paying the prevailing wage, filing a Labor Condition Application, and maintaining public access files. Violations carry significant penalties.

We work with employers of all sizes — from startups hiring their first foreign national to established companies managing large visa portfolios. We handle the compliance side so you can focus on your business.

Maintaining your work visa status

A work visa is not a set-and-forget document. Your status depends on maintaining the conditions under which it was granted.

Things that can affect your status:

• Changing employers without proper authorization

• Taking on work outside the scope of your visa

• Gaps in employment — particularly relevant for H-1B holders between jobs

• Your employer going out of business or withdrawing sponsorship

• Letting your visa stamp expire — note that a visa stamp and your authorized period of stay are different things

If your situation changes — new employer, new role, change in job duties — talk to us before you make the move. Some changes require a new petition. Others require an amendment. Making the change without proper authorization can put your entire status at risk.

H-1B portability If you are an H-1B holder changing jobs, you may be able to start working for your new employer as soon as they file a transfer petition — without waiting for approval. This is called H-1B portability. There are specific conditions that must be met. We can confirm whether you qualify before you give notice.

From work visa to green card

Most work visas are temporary but many people use them as the first stage of a longer journey toward permanent residency. The path depends on your visa category and your employer's willingness to sponsor you.

• H-1B holders can pursue employer-sponsored green cards through the EB-2 or EB-3 categories. Your six-year H-1B limit can be extended if a green card petition has been filed and approved.

• L-1A holders have a direct path to an EB-1C green card — no labor certification required.

• O-1 holders may qualify for an EB-1A green card based on extraordinary ability — also without labor certification.

• E-2 holders cannot directly convert to a green card based on E-2 status alone, but may qualify through other categories.

The earlier you start the green card process the better — particularly if you are from a country with long backlogs. For Indian and Chinese nationals in employment-based categories, starting early is not optional. It is essential.

The bottom line

Work visas are complicated. The right category depends on your specific situation — your profession, your employer, your country of origin, and where you want to be in five years. Getting it wrong means delays, denials, and in some cases gaps in your ability to work legally.

Getting it right starts with understanding your options clearly. If you have a job offer, a skill set, or a business idea and you want to know what is possible, talk to us. We will give you a straight answer.