Hiring Tech Workers from Abroad: H-1B, O-1, TN, and Canada's Fast Routes

See H-1B vs O-1 and TN vs H-1B. Check which companies in your niche already sponsor in our H-1B sponsor database.

• Wage-weighted lottery. Since February 27, 2026, registrations get 1 to 4 entries by DOL wage level. Entry-level offers have lower odds.
• $100,000 H-1B payment. A September 2025 proclamation requires it for certain new petitions for workers abroad. USCIS is not collecting it after a Massachusetts federal court vacated the guidance on June 8, 2026 (the First Circuit refused a stay July 24). A September 18, 2026 proclamation extended the policy to September 21, 2027. See the status page.
• Proposed higher prevailing wages. A DOL proposal (March 26, 2026) would raise H-1B and PERM wage levels; it was not final as of mid-August 2026.
• F-1 duration of status. A rule ending it was blocked by a federal court on September 14, 2026, so OPT and STEM OPT continue under the old rules for now. See the F-1 status page.
• Premium processing rose to $2,965 on March 1, 2026.
• Travel ban. Nationals of the 19 fully restricted countries cannot get work visas since January 1, 2026. See the travel ban.

STEM OPT employer duties: be enrolled in E-Verify, sign the Form I-983 training plan, pay at least what similar US workers earn, and report changes to the school.

Short trips: under the Global Skills Strategy, TEER 0 or 1 workers can work in Canada without a permit for up to 15 days once every 6 months or 30 days once every 12 months.

Permanent residence: after a year of skilled Canadian work, many tech workers qualify for the Canadian Experience Class. The STEM category continues in 2026. Provincial options include Saskatchewan's Innovation and Tech Talent Pathway and Alberta's Express Entry stream, while BC PNP Tech draws have ended.

Canada promised a pathway for US H-1B holders in Budget 2025, but no rules had been published as of September 2026. See the H-1B holder pathway status.

Many companies with offices in both countries:

1. Hire a candidate into the Canadian office on the Global Talent Stream or another permit.
2. After a year of employment there, transfer them to the US on an L-1, with no lottery.
3. Or keep them in Canada, where they can move toward permanent residence through Express Entry.

Companies without a Canadian entity sometimes hire people abroad as contractors or through an employer of record. That avoids visas only if the person works entirely outside the US and Canada; tax, labor, and permanent establishment rules in the worker's country still apply, so get advice.

Totals by scenario: US costs, Canada costs, and the sponsorship cost estimator.

• Registering entry-level hires at inflated wage levels to game the lottery. The LCA and petition must match.
• Job descriptions that accept "any degree", which undermines the specialty occupation claim.
• Moving remote H-1B staff to a new metro area without a new LCA and amended petition.
• Weak O-1 evidence built from pay-to-join memberships or self-written press.
• Calling programmers "computer systems analysts" for TN when they mainly code.
• Forgetting E-Verify before signing a STEM OPT training plan.