Foreign nationals seeking to work in the United States need proper authorization through work visas—nonimmigrant visas that allow temporary employment. Different visa categories serve different purposes: specialty workers, intracompany transfers, investors, extraordinary talent, and more. Understanding which visa fits your situation is the first step toward legal U.S. employment.

Work visas are separate from green cards (permanent residence). They allow temporary work authorization, often for specific employers, with eventual expiration unless extended or converted to permanent status.

Common Employment-Based Visas

The H-1B visa is for specialty occupation workers—positions requiring at least a bachelor's degree in a specific field. Technology, engineering, healthcare, and finance companies sponsor many H-1Bs. H-1B is subject to annual caps and a lottery system due to high demand.

The L-1 visa allows multinational companies to transfer executives, managers, and specialized knowledge employees from foreign offices to U.S. operations. There's no cap, making L-1 attractive when available.

The O-1 visa serves individuals with extraordinary ability or achievement in sciences, arts, education, business, or athletics. It requires demonstrating national or international acclaim through substantial evidence.

Investor and Entrepreneur Visas

The E-2 visa allows nationals of treaty countries to invest substantial capital in U.S. businesses and work in those businesses. There's no minimum investment amount, but it must be substantial relative to the business type.

The E-1 visa (treaty trader) allows substantial trade between the U.S. and a treaty country. The applicant must be engaged in substantial, principally international trade.

These visas are available only to nationals of countries with qualifying treaties with the United States. Check whether your country qualifies before pursuing these options.

Employer Sponsorship Requirements

Most work visas require employer sponsorship—you can't simply apply on your own. The employer files petitions with USCIS, pays required fees, and may need to satisfy Department of Labor requirements regarding wages and working conditions.

Employers must demonstrate they'll pay prevailing wages for the position and comply with labor laws. For H-1B visas, this involves filing Labor Condition Applications (LCAs) attesting to wage and working condition compliance.

Job offers must be genuine, positions must exist, and the employer-employee relationship must be real. USCIS scrutinizes petitions to prevent fraud and abuse.

Duration and Extensions

Each visa category has different validity periods. H-1B visas are initially granted for three years, extendable to six years total. L-1 visas have similar limits. O-1 visas are granted for the duration of the event or activity, up to three years, with extensions available.

Maintaining valid status is crucial. Working past your authorized period, working for unauthorized employers, or violating visa terms can have serious immigration consequences.

Some visas allow extensions beyond normal limits if green card applications are pending. Understanding these rules helps with long-term planning.

Changing Employers

Most work visas are employer-specific—you're authorized to work for the sponsoring employer only. Changing jobs typically requires the new employer to file their own petition.

H-1B portability allows workers to begin employment with a new employer once the new petition is filed, without waiting for approval. Other visa categories may not have similar provisions.

Job loss creates urgency. If your employment ends, you may have limited time to find a new sponsor, change status, or depart the country. Plan for contingencies.

Dependents

Work visa holders can typically bring spouses and unmarried children under 21 on dependent visas (H-4 for H-1B, L-2 for L-1, etc.). Some dependent categories allow work authorization; others don't.

H-4 spouses of H-1B holders with approved I-140 petitions (a green card step) can obtain work authorization. L-2 spouses can apply for work authorization more broadly.

Path to Permanent Residence

Work visas are temporary, but they can be stepping stones to green cards. Many H-1B and L-1 holders eventually pursue employment-based green cards, allowing permanent residence rather than continued visa renewals.

The green card process is separate from work visa maintenance. You can hold H-1B status while your employer sponsors you for permanent residence, though there are specific rules about status during the process.

Getting Legal Help

Work visa processes involve complex regulations, strict deadlines, and high stakes. An immigration attorney helps identify the right visa category, prepares strong petitions, navigates RFEs (requests for evidence), and plans for long-term immigration goals. Both individuals and employers benefit from professional guidance. Mistakes in work visa applications can affect your ability to live and work in the United States, making expert assistance valuable.