How Can I Get a Work Visa in USA? Discover...
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Yasin Bilgehan Akalan Selen Esen
Attorney at Law Paralegal
Immigration Law Expert – Akalan Law Firm Immigration Law Expert – Akalan Law Firm
How can I obtain a work visa in the United States? Many qualified professionals around the world share this question. The U.S. job market attracts global talent due to its strong economy, diverse industries, and innovation-driven opportunities. Each year, thousands of skilled individuals apply for work visas to pursue their careers in the United States.
A U.S. work visa grants legal authorization to live and work in the country for a defined period of time. The type of visa available depends on the applicant’s skills, job offer, and long-term goals. Broadly, work visas fall into two categories: temporary nonimmigrant work visas and employment-based immigrant visas.
Temporary work visas allow foreign nationals to work in the U.S. for a limited duration, typically tied to one employer and a specific role. The most common types include the H-1B, L-1, O-1, and TN visas. Each carries its own eligibility requirements. For example, the H-1B visa is indeed a temporary work visa, reserved for specialty occupations, and it is subject to strict annual quotas, making it highly competitive.
By contrast, employment-based immigrant visas lead to permanent residency (a green card). These are ideal for individuals planning a long-term career in the United States. Applying for such visas often requires employer sponsorship, labor certification, and compliance with detailed immigration procedures. Many applicants choose to work with experienced immigration attorneys to navigate this complex process.
This guide provides an overview of the most common U.S. work visa options, their eligibility requirements, and the sponsorship process. Whether you are a software engineer, researcher, or healthcare professional, understanding these pathways will help you determine how long the process may take and which option best suits your career goals.
Before beginning the application process, it is essential to understand the fundamentals of U.S. work visas. A work visa grants foreign nationals the legal right to work in the United States under specific conditions. Because there are many types of visas, each serving a different purpose, identifying the category that matches your qualifications and career goals is critical.
Broadly, U.S. work visas fall into two categories: temporary nonimmigrant work visas and employment-based immigrant visas. Temporary work visas authorize employment for a limited period, usually tied to a specific employer and position. Employment-based immigrant visas, on the other hand, provide a pathway to permanent residency (a green card). In most cases, both categories require sponsorship from a U.S. employer.
The process typically begins with a job offer from a U.S. company. The employer then files a petition with U.S. Citizenship and Immigration Services (USCIS). Once the petition is approved, the applicant may proceed with the visa application at a U.S. consulate abroad.
A common concern is processing time. The duration varies significantly depending on the type of visa, the applicant’s country of origin, and whether premium processing is available. While some visas may be issued within weeks, others can take several months.
It is also important to distinguish between a work visa and a work permit. A work visa, such as the H-1B or O-1, requires formal sponsorship and approval through USCIS. A work permit, by contrast, generally refers to an Employment Authorization Document (EAD), which allows certain individuals—such as asylum seekers, students on Optional Practical Training (OPT), or spouses of visa holders—to work legally in the United States.
In summary, obtaining a U.S. work visa begins with understanding the available categories, selecting the path that best fits your background, and preparing a well-documented application. The following section will explore the most common types of temporary work visas.
Temporary work visa programs in the United States allow skilled professionals to work legally for a limited period. These visas help U.S. employers fill specialized roles that require particular expertise. For foreign nationals who have secured a job offer, a temporary work visa can serve as an entry point to valuable U.S. work experience.
Unlike immigrant visas, temporary work visas do not provide permanent residency (a green card) on their own. However, they can open important opportunities, as many professionals later transition from temporary status to permanent residency through employer sponsorship or other pathways. The duration of stay typically ranges from one to six years, depending on the specific visa category.
Several types of temporary work visas are available, each with distinct eligibility requirements and benefits. Among the most common are the H-1B, L-1, O-1, TN, and E visas. Each category is designed to meet different professional needs. For example, the H-1B visa is one of the most widely known options, available to workers in specialty occupations requiring at least a bachelor’s degree or higher.
In most cases, the process begins with a job offer from a U.S. employer. The employer must file a petition with U.S. Citizenship and Immigration Services (USCIS). After approval, the applicant applies for the visa at a U.S. embassy or consulate abroad.
Overall, temporary work visas offer a structured and lawful pathway for international professionals to contribute to the U.S. workforce. In the following sections, we will examine the most common visa categories in detail—beginning with the H-1B—and outline their requirements, processes, and advantages.
The H-1B visa allows U.S. employers to hire foreign workers in specialty occupations—positions that typically require a bachelor’s degree or higher in a specific field of study. It remains one of the most competitive and highly sought-after temporary work visas in the United States.
Each year, the U.S. government issues 65,000 standard H-1B visas, plus an additional 20,000 visas for applicants who hold a U.S. master’s degree or higher. When the number of applications exceeds these statutory limits, USCIS conducts a random lottery selection process, which makes obtaining an H-1B particularly competitive. On September 19, 2025, President Trump also signed a proclamation introducing an annual fee of $100,000 for new H-1B visas.
The process begins with an employer registering the candidate during the annual H-1B registration period, which typically occurs in March. If the candidate is selected in the lottery, the employer then files Form I-129 (Petition for a Nonimmigrant Worker) with USCIS. Upon approval, the applicant may either apply for an H-1B visa at a U.S. consulate abroad or, if already in the United States, request a change of status.
Eligibility depends on both the position and the applicant’s credentials. The role must require specialized knowledge, and the applicant must possess at least a bachelor’s degree (or equivalent) in a directly related field such as information technology, engineering, medicine, or finance.
The initial validity period for an H-1B is up to three years, with possible extensions for a maximum of six years. Importantly, the H-1B is considered a “dual intent” visa, meaning holders may pursue permanent residency (a green card) without jeopardizing their nonimmigrant status.
In recent years, USCIS has introduced updates to the program aimed at improving transparency and reducing misuse, including changes to registration methods and rules regarding multiple submissions by employers. These adjustments have affected lottery participation rates and overall application strategies.
In summary, the H-1B visa offers a valuable pathway for qualified professionals to gain employment in the U.S., but its competitive nature and evolving regulations require careful planning and close attention to USCIS policy updates.
Even before the latest H-1B visa changes, critics argued that the H-1B visa program was inefficient, restrictive, and unfair. Trump’s controversial $100,000 rule didn’t create these issues—it only magnified them.
The L-1 visa is designed for multinational companies that wish to transfer executives, managers, or employees with specialized knowledge from their foreign offices to a U.S. branch, subsidiary, or affiliate. It serves as an important tool for global businesses seeking to expand or strengthen their operations in the United States.
Eligibility requires that the employee has worked for the foreign company for at least one continuous year within the past three years, in either an executive, managerial, or specialized knowledge capacity. The U.S. position must reflect a comparable role.
The process begins when the U.S. employer files Form I-129 (Petition for a Nonimmigrant Worker) with USCIS. The petition must demonstrate a qualifying corporate relationship between the U.S. and foreign entities and prove that the role meets the L-1 criteria. In cases where the transfer involves establishing a new U.S. office, the employer must also present a detailed business plan and evidence of sufficient physical premises and resources to support operations.
The initial period of stay under an L-1 visa is typically up to three years. Extensions may be granted, up to a maximum of seven years for executives and managers (L-1A) or five years for specialized knowledge employees (L-1B). Unlike some other work visas, the L-1 does not require a Labor Condition Application (LCA) or prevailing wage certification, which makes it an attractive option for eligible companies.
Importantly, the L-1 visa is also recognized as a dual intent visa, allowing holders to pursue permanent residency without jeopardizing their nonimmigrant status.
In summary, the L-1 visa provides a streamlined path for multinational companies to transfer key personnel to the United States, supporting both corporate growth and employee career advancement.
The O-1 visa is reserved for individuals who possess extraordinary ability in the sciences, arts, education, business, or athletics. It is designed for top professionals who can demonstrate sustained national or international recognition in their field.
Eligibility is based on documented achievements that prove the applicant’s distinction. Evidence may include major awards, significant publications, original contributions of major importance, or critical roles within distinguished organizations. To qualify, applicants must satisfy at least three of the eligibility criteria set forth by USCIS, unless they have received a one-time achievement of comparable significance, such as a Nobel Prize or an Academy Award.
A U.S. employer or agent must sponsor the petition by filing Form I-129 with USCIS. The petition must include extensive supporting documentation establishing the beneficiary’s extraordinary ability.
The initial validity period of an O-1 visa is up to three years, with extensions available in one-year increments. Unlike the H-1B, there is no annual cap on the number of O-1 visas issued, making it a flexible option for highly accomplished individuals.
Although the O-1 is a temporary, nonimmigrant visa, many recipients later pursue permanent residency through the EB-1A immigrant visa for individuals of extraordinary ability. The EB-1A category offers the additional advantage of not requiring employer sponsorship, allowing applicants to self-petition.
In short, while the O-1 visa demands rigorous documentation and preparation, it provides a prestigious pathway for world-class professionals to work in the United States, with the potential to transition toward permanent residence.
The TN visa allows qualified Canadian and Mexican professionals to work in the U.S. under the USMCA (formerly NAFTA). This visa covers specific occupations like engineers, scientists, and accountants.
Applicants must have a job offer in a listed profession and meet degree or licensing requirements. Canadians can apply directly at the border, while Mexicans must visit a U.S. consulate.
The visa is valid for up to three years and can be renewed indefinitely. TN status is ideal for quick entry but does not lead directly to a green card.
The E-1 visa and E-2 visa provide opportunities for citizens of treaty countries to work in the United States through trade or investment. These visas are particularly well-suited for entrepreneurs, executives, and essential employees who play a critical role in international business operations.
The E-1 visa is designed for treaty traders. To qualify, the applicant must engage in substantial trade between the United States and their country of nationality. “Substantial” is assessed based on the volume, frequency, and continuity of trade transactions. Only nationals of countries with a qualifying E-1 treaty are eligible.
The E-2 visa is intended for treaty investors. To qualify, the applicant must make a significant investment in a real and operating U.S. business. While there is no fixed E-2 visa minimum investment, successful cases often involve investments of around $100,000 or more. Applicants must also show that the investment is at risk, substantial enough to ensure the business’s success, and will generate income beyond merely supporting the investor and their family. Only nationals of eligible E-2 visa countries may apply.
Both categories require the applicant to demonstrate that they meet all E-1 visa requirements or E-2 visa requirements, including ownership or control of the business and its ability to generate meaningful economic activity.
The initial validity period for both visas is generally up to two years, with unlimited two-year extensions available as long as the qualifying trade or investment continues. However, neither visa directly leads to permanent residency. Some applicants later transition through the E-2 visa to green card route, typically by changing to another immigrant visa category such as EB-5 or EB-1C.
Because the requirements can be complex, working with an experienced E-1 visa attorney or E-2 visa attorney can significantly improve the chances of success by ensuring the petition is properly structured and well-documented.
For individuals seeking to live and work in the United States on a long-term basis, employment-based immigrant visas provide a direct pathway to a green card and permanent residency. Unlike temporary work visas, these categories are specifically designed for those intending to settle permanently in the U.S.
Employment-based immigrant visas are divided into preference categories such as EB-1, EB-2, and EB-3, depending on the applicant’s qualifications, education, and type of employment. Each category has distinct eligibility requirements, ranging from individuals with extraordinary ability or multinational executives (EB-1), to professionals with advanced degrees or exceptional ability (EB-2), to skilled and other workers (EB-3).
In most cases, applicants require a sponsoring employer. The process typically begins with labor certification (PERM) through the U.S. Department of Labor, which verifies that no qualified U.S. worker is available for the offered position. Once PERM is approved, the employer files Form I-140 (Immigrant Petition for Alien Worker) with USCIS on behalf of the applicant.
Because the process is legally and procedurally complex, many applicants rely on experienced employment-based immigration attorneys to ensure compliance with documentation, timing, and policy requirements. These professionals help navigate the strict standards set by USCIS and the Department of Labor.
Processing times vary significantly, often taking several months or even years, depending on visa category, applicant’s country of birth, and annual quota availability. However, the benefits are substantial: permanent resident status, the ability to sponsor certain family members, and eligibility to apply for U.S. citizenship after meeting statutory requirements.
In the following sections, we will examine each of the primary categories—EB-1, EB-2, and EB-3—and identify the types of professionals best suited for each. Whether you are a researcher, an executive, or a skilled worker, there is likely an employment-based immigrant visa that aligns with your background and career goals.
The EB-1 visa is one of the most prestigious employment-based immigrant categories, reserved for highly accomplished professionals. It is designed for three distinct groups:
Meeting the EB-1 visa requirements demands strong documentary evidence. Depending on the subcategory, this may include major awards, published works, significant citations, leadership roles, or proof of managerial authority within multinational organizations.
A key advantage of the EB-1 visa is that most applicants are exempt from the labor certification (PERM) process, significantly reducing the overall timeline. Moreover, the EB-1 visa to green card path is often faster compared to other employment-based categories.
The process begins when the applicant or sponsoring employer files Form I-140 (Immigrant Petition for Alien Worker) with USCIS. Notably, EB-1A applicants may self-petition, without the need for an employer sponsor. Because of the high evidentiary standards, many applicants seek professional legal guidance to ensure their petitions are meticulously prepared and compliant with USCIS policy.
In summary, for individuals who meet the demanding criteria, the EB-1 visa represents one of the most efficient and direct pathways to U.S. permanent residency.
The EB-2 visa is designed for professionals with an advanced degree or individuals with exceptional ability. If you hold a master’s degree or higher, or you possess special skills in science, business, or the arts, the EB 2 visa may fit your profile.
The standard path requires employer sponsorship and labor certification. However, there’s an exception: the EB-2 NIW visa (National Interest Waiver). This allows qualified individuals to apply without an employer if their work benefits the U.S. significantly.
To qualify, you must meet specific EB 2 visa requirements. These include proof of an advanced degree or exceptional ability, plus job relevance. For NIW, you must show your work has national importance and that you’re well-positioned to advance it.
Once your I-140 petition is approved, you can adjust your status. The EB 2 visa to green card process leads to lawful permanent residence. Processing time depends on your country of origin and when is USCIS EB-2 visa number cap renewal, which happens annually.
Because the visa EB-2 is in high demand, there can be backlogs. Still, it remains one of the most common ways for educated professionals to gain a green card.
Careful planning and complete documentation are key. Many applicants choose legal guidance to navigate the complex EB-2 visa requirements and improve approval chances.
The EB-3 visa is one of the most accessible options for foreign workers seeking permanent residency in the U.S. But what is the EB 3 visa meaning? It’s a green card path for skilled workers, professionals, and even unskilled laborers under certain conditions.
To qualify for the visa EB 3, applicants must fall into one of three groups. First, skilled workers need at least two years of training or experience. Second, professionals must hold a U.S. bachelor’s degree or its equivalent. Third, unskilled workers are eligible for jobs requiring less than two years of experience.
Understanding the EB-3 visa requirements is essential. The employer must go through the PERM labor certification process and prove no qualified U.S. worker is available. Then, they submit Form I-140 to USCIS.
Many companies offer EB 3 visa sponsorship jobs in industries like healthcare, construction, hospitality, and food services. These roles help fill vital labor gaps in the U.S. economy.
However, the EB 3 visa processing time can vary widely. Backlogs exist, especially for certain countries. Some applicants wait several months; others wait years depending on their priority date and visa bulletin movement.
Despite longer wait times, the visa EB-3 remains a reliable route for foreign nationals with modest educational backgrounds or practical skills. With employer support and proper documentation, the EB 3 visa can lead to permanent residence—and eventually, U.S. citizenship.
Selecting the right visa depends largely on your long-term goals. Some applicants seek short-term employment opportunities, while others aim for permanent residency and eventual U.S. citizenship. Understanding the key differences between these visa types is essential before starting the application process.
Temporary work visas—such as H-1B, L-1, O-1, TN, and E visas—allow foreign nationals to work in the United States for a limited period. Each has distinct eligibility rules, sponsorship requirements, and renewal options. Most are employer-specific, meaning that your legal status is directly tied to a particular job and sponsoring employer.
By contrast, employment-based immigrant visas (including EB-1, EB-2, and EB-3 categories) provide a pathway to a green card and long-term residency. While these applications involve more documentation, stricter requirements, and significantly longer processing times, they ultimately grant permanent status and the ability to pursue U.S. citizenship.
Sponsorship requirements also differ. All temporary visas require employer sponsorship. However, in the immigrant visa categories, some applicants—such as EB-1A extraordinary ability professionals or EB-2 National Interest Waiver applicants—may self-petition without an employer.
Processing times are another important factor. Temporary visas are often adjudicated within weeks or months, while immigrant visas, particularly EB-2 and EB-3, can involve priority date backlogs that extend the wait for years.
Family benefits vary as well. Many visa types allow spouses and children to accompany the primary applicant, but their rights differ. For example, H-4 dependents may live in the U.S. but cannot work unless granted separate employment authorization, while green card dependents enjoy broader benefits and long-term stability.
In summary, if your objective is short-term professional experience in the United States, a temporary work visa may be sufficient. However, if you wish to build a permanent future in the U.S., pursue career advancement, and eventually apply for citizenship, an employment-based immigrant visa is the more suitable path.
Sponsoring a foreign worker brings legal obligations. U.S. employers must follow specific rules for both temporary and permanent work visas. These rules protect both U.S. workers and foreign employees.
For temporary visas like H-1B, employers must submit a Labor Condition Application (LCA) to the Department of Labor. They must promise to pay the prevailing wage and ensure fair working conditions. This step helps prevent wage suppression.
Next, the employer files Form I-129 with USCIS. They must provide accurate job descriptions, salary details, and proof that the position qualifies. Inaccurate or misleading filings can lead to penalties.
For employment based immigrant visas, the process is more involved. Most cases start with PERM labor certification. The employer must advertise the job, review applicants, and prove no qualified U.S. worker is available. Then, they submit Form I-140 to USCIS.
Throughout the process, employers must keep records, notify workers of rights, and comply with audits. Failure to follow rules may result in fines, barred filings, or investigation by the Department of Labor.
In case of layoffs, H-1B sponsors must pay return transportation for affected workers. They must also update USCIS if the employee changes roles or locations.
Employers should also monitor visa expiration dates and ensure timely extensions. Staying compliant protects both the company and the employee’s immigration status.
To avoid costly errors, many businesses work with immigration counsel. A strong compliance strategy not only ensures legal security but also builds trust with international talent.
U.S. work visa policy changes often—and staying informed is crucial. Each year, USCIS updates rules, deadlines, and procedures that affect thousands of applicants and employers.
For example, recent news states: “The FY 26 H-1B registration period closed on March 24, 2025.” This means the annual lottery for the H-1B visa has concluded. Applicants must now wait for selection results or prepare for the next fiscal year.
In addition, H-1B visa program changes aim to reduce fraud and increase fairness. The government introduced digital tracking systems, stricter identity checks, and random selection integrity rules. These updates have caused a decline in H-1B visa lottery registrations, especially among duplicate entries. A proclamation signed by President Trump, which introduced an annual fee of $100,000 for new H-1B visas, has also been one of the major developments to watch in this area.
There are also proposed changes for employer verification and wage requirements. These would affect who qualifies and how much they must be paid. Similarly, EB-2 and EB-3 applicants monitor visa bulletin movement to track processing timelines.
Another growing trend is interest in self-petition options like EB-1A or EB-2 NIW. These categories gained attention during periods of employer layoffs and tech industry uncertainty.
USCIS also continues to expand online filing tools. As a result, application processing is slowly improving in speed and transparency.
In short, immigration policy is dynamic. What worked last year may not apply today. To stay ahead, applicants and employers should regularly check official announcements and consult qualified legal professionals when needed.
If you’re planning to live in the United States permanently and are exploring your visa options, understanding the status of immigration visa categories is an essential first step.
Securing a U.S. work visa requires thoughtful planning, careful preparation, and patience. The first step is understanding the requirements of the visa category that best aligns with your professional and personal goals.
For individuals seeking short-term employment, temporary visas such as the H-1B, L-1, O-1, TN, or E visas provide valuable opportunities to gain experience while contributing to the U.S. economy. Each program, however, carries unique eligibility criteria, application procedures, and deadlines—for example, the H-1B lottery registration or the investment requirements of the E-2 visa.
For those pursuing long-term residency, employment-based immigrant visas such as the EB-1, EB-2, or EB-3 categories offer a pathway to a green card and, ultimately, U.S. citizenship. These routes require extensive documentation, employer sponsorship (or self-petition in certain cases such as EB-1A or EB-2 NIW), and compliance with complex legal processes. Many applicants rely on experienced immigration attorneys to navigate these demanding requirements and improve the likelihood of success.
Throughout the process, questions such as what is a work visa, how long does it take, or what documents are required naturally arise. The answers depend on the applicant’s background, the chosen visa category, and evolving U.S. immigration policies. Because regulations and procedures frequently change, staying informed is essential. Policy updates—such as modifications to the H-1B program or annual visa cap allocations for EB categories—can directly impact an applicant’s strategy and timeline.
In conclusion, whether you are an aspiring professional hoping to expand your career in the U.S. or a sponsoring employer seeking global talent, opportunities exist for those who approach the process with diligence and foresight. With the right planning and guidance, your journey toward securing a U.S. work visa can lead to lasting professional growth and, for many, the stability of permanent residency.
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