Work Permits for the USA

Work permits for the USA have become much more difficult to get, and major policy shifts in 2025 have completely changed the situation for foreign workers. Most work visas require employer sponsorship, meaning your prospective US employer must petition on your behalf and demonstrate that your employment meets specific criteria. Understanding which visa category applies to you is the first step in negotiating this complicated system.

Types of work permits for the USA

H-1B visa for speciality occupations

H-1B visas for the USA are designed for professionals in speciality occupations – positions requiring theoretical and practical application of a body of highly specialised knowledge and attainment of a bachelor’s degree or higher in the specific speciality, or its equivalent. Common fields include IT, engineering, finance, architecture, and medicine. Your employer must sponsor your application and demonstrate that the position meets the speciality occupation criteria.

From September 2025, a USD 100,000 application fee was introduced for new H-1B petitions. This effectively closes off the visa for most applicants and makes it viable primarily for the largest corporations and most highly skilled workers. H-1B visas are also subject to annual caps of 65,000 visas (with an additional 20,000 for those with US master’s degrees or higher).

If approved, H-1B visas are typically granted for an initial period of three years and can be extended for a total of six years. Premium processing is available for faster adjudication, although standard processing can take several months. You can bring your spouse and unmarried children under 21 to the US on H-4 dependent visas. H-4 spouses may be eligible for work authorisation if the H-1B holder has an approved I-140 immigrant petition or has been granted H-1B status beyond the six-year limit.

L-1 visa for intracompany transfers

The L-1 visa is for employees of international companies who are being transferred to a US branch, subsidiary, or affiliate. You must have worked for the company abroad for at least one continuous year within the past three years.

The visa is divided into two categories: L-1A for executives and managers, valid for up to seven years, and L-1B for employees with specialised knowledge of the company’s products, services, or processes, valid for up to five years.

While proprietary knowledge can qualify, USCIS doesn’t require that the knowledge be unique or proprietary – it must be demonstrably more sophisticated than what a skilled worker could gain through ordinary experience. Your employer can file for an individual L-1 petition or, if eligible, use a blanket L petition for faster processing.

L-1 visa holders can bring their spouse and unmarried children under 21 on L-2 dependent visas. L-2 spouses have work authorisation based on their status and don’t need to apply for an Employment Authorization Document – they can work immediately upon entry with a valid L-2 status. The L-1A visa also provides a relatively straightforward path to permanent residence through the EB-1C category for multinational executives and managers.

O-1 visa for individuals with extraordinary ability

The O-1 visa is for individuals who have demonstrated extraordinary ability in the sciences, arts, education, business, or athletics, or extraordinary achievement in the motion picture or television industry. You’ll need to provide evidence of sustained national or international acclaim and recognition for achievements in your field. This can include receipt of major prizes or awards, published material about you in professional publications, membership in associations requiring outstanding achievement, evidence of your high salary relative to others in the field, or other comparable evidence demonstrating extraordinary ability.

While the evidentiary requirements are demanding, the O-1 visa isn’t subject to annual caps and can be a viable alternative to H-1B for highly accomplished professionals. Initial approval is typically granted for up to three years based on the time needed to accomplish the event or activity, with extensions available in one-year increments as long as you continue to work in your area of extraordinary ability. Your employer or agent must sponsor the petition.

E-2 Treaty Investor visa

Available only to nationals of countries with qualifying treaties with the US (including the UK, Canada, Australia, Japan, and many European nations), the E-2 visa allows you to invest in and direct the operations of a US business. The investment must be substantial in relation to the total cost of either purchasing an established enterprise or creating the type of enterprise being established, and the funds must be committed and at risk. You must be actively developing and directing the enterprise.

Unlike most work visas, the E-2 is a non-immigrant visa that doesn’t directly lead to a Green Card. It can, however, be renewed indefinitely in two-year increments as long as the business remains operational and meets the requirements. This makes it suitable for entrepreneurs and investors who want a long-term US presence without necessarily pursuing permanent residence.

TN visa for Canadian and Mexican professionals

Under the USMCA (formerly NAFTA), Canadian and Mexican citizens in certain professional occupations can work in the US on TN status. There is a specific list of qualifying professions, including accountants, engineers, lawyers, scientists, teachers, management consultants, computer systems analysts, and many others in scientific, technical, and professional fields. Requirements are generally less stringent than H-1B visas, and there are no annual caps. Canadians can typically obtain TN status directly at the border, while Mexican citizens must apply for a TN visa at a US consulate.

Other work visas

Additional work visa categories include:

• The E-1 Treaty Trader visa for those engaged in substantial trade (continuous flow of sizeable international trade items) principally between the US and their treaty country, where more than 50 percent of the trade volume is between the US and the treaty country,
• The H-2A and H-2B visas for temporary agricultural and non-agricultural workers, and
• The J-1 visa for exchange visitors participating in educational and cultural exchange programmes approved by the US Department of State.

Each has specific requirements and limitations.

Applying for a work permit for the USA

Your employer will typically handle the work visa application process on your behalf, although you’ll need to provide supporting documentation. The general process involves your employer filing a petition with USCIS using Form I-129 (Petition for a Non-immigrant Worker) for a change of status or extension if you’re already in the US, or having the petition approved before you apply for the visa stamp at a US consulate or embassy abroad.

Documentation requirements vary by visa category but typically include:

• proof of your qualifications, such as diplomas and transcripts,
• work experience verification letters from previous employers with job descriptions, and
• evidence that the position meets the visa criteria and demonstrates a valid employer-employee relationship.

For H-1B visas, your employer must first obtain a certified Labour Condition Application (LCA) from the Department of Labour, which includes attestations about wages, working conditions, and compliance with programme requirements.

Processing times vary significantly depending on the visa type, USCIS service centre, and whether premium processing is used. Standard processing can take several months, while premium processing guarantees a response within 15 calendar days. Plan well in advance, particularly for visas subject to caps or lottery systems.

Once approved, maintaining your work visa status requires you to continue working for your sponsoring employer in the approved position. If you change employers, the new employer must file a new petition using Form I-129. For H-1B visa holders, you can begin working for the new employer once USCIS has received the transfer petition, although final approval is still required. Some visas allow for extensions or changes of status while in the US, although you should consult with an immigration lawyer before making any changes that could affect your status.

Family members can typically accompany you on dependant visas, with eligibility for work authorisation varying by visa category:

• L-2 and E-2 spouses have work authorisation based on their status.
• H-4 spouses may be eligible for work authorisation if certain conditions are met.
• O-3 dependents are not authorised to work in the United States.

Green Card and permanent residence

Work permits allow temporary employment in the US, but many foreign workers ultimately seek permanent residence through a Green Card. Employment-based Green Cards are available in five preference categories (EB-1 through EB-5), and processing times usually range from two to four years for most nationalities.

For detailed information about permanent residence options, see our guide to Visas for the USA.

Useful links

• US Citizenship and Immigration Services: Temporary Non-Immigrant Workers
• US Department of State: Temporary Worker Visas
• US Citizenship and Immigration Services: Working in the United States

Visa regulations are subject to change at short notice, and you should contact your respective embassy or consulate for the latest details.