Work Permits for the USA | Expat Arrivals

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Getting a work permit for the USA has never been a walk in the park, and recent major policy shifts have thrown a spanner in the works for foreign workers. Most routes rely on employer sponsorship, so your prospective boss must petition on your behalf and prove the job ticks specific boxes.

Types of work permits for the USA

H-1B visa for speciality occupations

H-1B visas for the USA are for professionals who apply highly specialised theoretical and practical knowledge in sectors like IT, engineering, finance, architecture, and medicine. You generally need a bachelor’s degree or higher, and your employer must sponsor the application.

A policy shift in September 2025 introduced a USD 100,000 surcharge for new H-1B petitions. This applies if you are outside the USA and do not already hold a valid H-1B visa. The fee effectively walls off the visa for all but the biggest corporate players or the most critical talent. You are exempt if you are already inside the USA in a valid status and filing for a change of status, extension, or change of employer.

The H-1B selection process has also been fundamentally changed. From March 2026, the traditional random lottery was replaced with a wage-weighted system, and higher-paid positions get more lottery entries.

Exceptions are scarce. The Secretary of Homeland Security must find that your presence serves the national interest and that no US worker is available. They must also prove that the fee would undermine US interests. Apart from the fee, these visas still face annual caps of 65,000 (plus 20,000 for those with US master’s degrees).

H-1B visas are typically granted for an initial period of three years and can be extended for a total of six years. Standard processing lasts several months. Consular officers require all H-1B and H-4 applicants to set their social media profiles to public as part of an expanded 'Online Presence Review' so they can vet applicants. This requirement causes significant delays for visa stamps, even if the initial petition is fast-tracked.

You can bring your spouse and unmarried children under 21 on H-4 dependant 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 for intracompany transfers targets employees of international firms moving to a US branch, subsidiary, or affiliate. You must have worked for the company abroad for at least one continuous year within the last three years.

The visa is divided into two categories:

L-1A: For executives and managers, valid for up to seven years
L-1B: For employees with specialised knowledge of the company, valid for up to five years.

While proprietary knowledge helps, the US Citizenship and Immigration Services (USCIS) does not require the knowledge to be unique. It simply must be demonstrably more sophisticated than what a skilled worker gains through ordinary experience.

Your employer can file an individual L-1 petition. If eligible, they might use a blanket L petition to speed things up.

You can bring your spouse and unmarried children under 21 on L-2 dependant visas. L-2 spouses are eligible for work authorisation.

The L-1A visa also offers a relatively straight path to permanent residence through the EB-1C category for multinational executives.

O-1 visa for individuals with extraordinary ability

Reserved for those at the top of their game, the O-1 visa for individuals with extraordinary ability covers sciences, arts, education, business, athletics, and film or TV. You need hard evidence of sustained national or international acclaim, like major prizes or awards, published material about you in professional publications, membership in associations for outstanding achievement, or evidence of your high salary relative to others in the field.

The O-1 visa has no annual cap, and it’s a solid alternative to the H-1B for highly accomplished professionals. Initial approval usually lasts up to three years, and extensions are available in one-year increments as long as you continue to work in your field. Your employer or agent must sponsor the petition.

E-2 visa for treaty investors

Nationals of countries with qualifying treaties (such as the UK, Canada, Australia, Japan, and many European states) can use the E-2 Treaty Investor visa to invest in and direct a US business. Your investment must be substantial relative to the cost of buying or creating the enterprise. The funds must be committed and at risk. You must actively develop and direct the business.

Unlike many other permits, the E-2 is strictly a non-immigrant visa and does not directly lead to a Green Card. You can renew it indefinitely in two-year increments as long as the business remains operational and fits the bill. This suits entrepreneurs wanting a long-term US presence without necessarily pursuing permanent residence.

TN visa for Canadian and Mexican professionals

Under the United States-Mexico-Canada Agreement (USMCA), the TN visa for Canadian and Mexican professionals allows citizens of those countries to work in the USA.

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 looser than H-1B visas, and there are no annual caps.

Canadians can usually get TN status right at the border. Mexican citizens do not have this luxury and must apply for a TN visa at a US consulate.

Other work visas

Several other work visas for the USA fill specific niches:

The E-1 Treaty Trader visa suits those engaged in substantial trade, principally between the USA and their treaty country.
The H-2A and H-2B visas cover temporary agricultural and non-agricultural workers.
The J-1 visa applies to exchange visitors in educational and cultural programmes approved by the US Department of State.

Applying for a work permit for the USA

Your employer typically takes on the brunt of applying for your work permit in the USA, and you just need to provide the necessary paperwork. First, the employer files a Form I-129 (Petition for a Non-Immigrant Worker) with the USCIS. This applies whether you are requesting a change of status from within the USA or waiting for approval before applying for a visa stamp at a US consulate abroad.

Documentation varies by category but usually includes:

proof of your qualifications,
letters from previous employers, and
evidence that the position meets the visa criteria and constitutes a valid employer-employee relationship.

For H-1B visas, your employer must secure a certified Labour Condition Application (LCA) from the Department of Labour.

Processing times fluctuate wildly based on the visa type and service centre. Standard processing can drag on for months, whereas premium processing guarantees a response within 15 business days. Get your ducks in a row early, especially for visas involving caps or lotteries.

Once approved, you must work for your sponsoring employer. If you change employers, the new employer must file a fresh petition using Form I-129. Consult an immigration lawyer before making changes that could jeopardise your status.

Family members can typically accompany you on dependant visas. Work rights vary:

L-2 and E-2 spouses have work authorisation incident to status.
H-4 spouses might be eligible for work authorisation under specific conditions.
O-3 dependants cannot work in the United States.

Green Cards and permanent residence in the USA

While Green Cards and permanent residence in the USA are the ultimate goal for many, work permits only allow temporary employment. Employment-based Green Cards fall into five preference categories (EB-1 through EB-5). Processing times depend heavily on your nationality and the current visa bulletin; for most, it spans two to four years, but it can take significantly longer.

Visas for the USA

Useful links

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

What do expats say about getting a work permit in the USA?
"We enlisted the services of a specialised lawyer for our work permits. The process was fairly quick at the time. We entered the country with an L-1 visa which was a big advantage. I would definitely recommend investing in hiring the services of an immigration lawyer who will be able to guide your application for the appropriate work permit or visa. There are many different kinds and each has its own process."
Read more about Emmanuelle's expat experiences in her expat interview about moving to the USA.

Are you an expat living in The USA?

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