Working in the USA: Work Visa Options Compared (2026)

To work in the US you need a status that allows it. For most people that means:

1. A US employer files a petition with USCIS, usually Form I-129. For many categories the employer first gets a certification from the Department of Labor.
2. USCIS approves the petition.
3. You apply for the visa at a US consulate abroad, or change status inside the US if you are already here legally.
4. CBP admits you in that status for a set period.

Your permission to work is tied to that employer in most categories. If you lose your job, you usually have a grace period of up to 60 days to find a new sponsor, change status, or leave.

A few categories do not need a USCIS petition first: Canadians can get TN status at the border, and E-2, E-3, and H-1B1 applicants often apply directly at a consulate.

"Not directly" means the visa itself does not lead to a green card, but you can still qualify later through a separate green card petition. Check TN vs H-1B and H-1B vs O-1 for side-by-side comparisons.

The H-1B is the main visa for professionals such as engineers, IT workers, accountants, and doctors. Most new H-1B workers must win an annual lottery for one of 65,000 regular slots or 20,000 slots for people with a US master's degree or higher. Universities, their affiliated nonprofits, and nonprofit or government research organizations are cap-exempt.

What is different in 2026:

• Wage-weighted lottery. Since February 27, 2026, a registration at wage Level 4 gets four entries and Level 1 gets one. It was first used for FY2027. See how the H-1B lottery works.
• The $100,000 payment. A September 2025 proclamation requires $100,000 on some new petitions for workers outside the US. A federal court in Massachusetts vacated it on June 8, 2026, and it is not being collected. A new proclamation on September 18, 2026 extended it to September 2027. Follow the case on the H-1B fee status page.
• Employer fees. The registration fee is $215, and employers also pay the I-129 fee and several legal surcharges. See the employer cost guide.

You can stay on H-1B for up to 6 years, longer if a green card case is far enough along.

If you cannot wait for the H-1B lottery, check these:

• L-1 if you have worked for a multinational company abroad for 1 continuous year in the last 3. Managers (L-1A) can stay 7 years and have a fast green card route.
• O-1A if you can show sustained acclaim, for example through awards, published work, high pay, or a critical role. You must meet 3 of 8 criteria.
• TN if you are a Canadian or Mexican citizen in one of about 60 listed professions. Stays last up to 3 years and renew with no set limit.
• E-3 for Australians and H-1B1 for Chileans and Singaporeans.
• E-2 if you are from a treaty country and will invest in and run your own business. See investing in the USA.
• Cap-exempt H-1B jobs at universities and research nonprofits.

Students can also work after graduation on OPT and, in STEM fields, STEM OPT. See studying in the USA.

Jobs that do not need a degree have fewer options:

• H-2A for temporary farm work, with no annual cap. Employers must provide housing and transportation.
• H-2B for temporary non-farm jobs such as landscaping, hotels, and seafood processing, capped at 66,000 a year.
• J-1 exchange programs such as summer work travel, au pair, and camp counselor, run through approved sponsors.
• EB-3 other workers, a green card for jobs needing less than 2 years of training, if an employer will sponsor you through PERM.

Be careful with recruiters who charge fees for these jobs. H-2A and H-2B rules ban most recruitment fees paid by workers.

Most workers get a green card through their employer:

1. The employer completes PERM labor certification to show no qualified US worker is available.
2. The employer files Form I-140 in EB-2 or EB-3.
3. You wait for your priority date in the Visa Bulletin. Waits are long for people born in India and China.
4. You apply through adjustment of status or consular processing.

Some people can skip the employer: EB-1A for extraordinary ability and EB-2 NIW for work of national importance. Compare them in EB-1A vs EB-2 NIW.

2026 caution: a May 21, 2026 USCIS memo (PM-602-0199) says people on temporary visas should get green cards inside the US only in extraordinary circumstances, and immigrant visa interviews abroad have been frozen since August 25, 2026. Talk to a licensed immigration lawyer about timing.

• H-4 spouses of H-1B workers can apply for a work permit only in some cases, such as when the H-1B worker has an approved I-140. Since October 30, 2025, renewals no longer get an automatic extension while pending. See H-4.
• L-2 spouses are authorized to work because of their status. See L-2.
• TD (TN) and O-3 family members cannot work.
• E spouses are authorized to work.

Children on dependent visas can go to school but generally cannot work.