Updated November 11, 2026

US American visa: how to visit, work, or move to the United States and what changed in 2026

If you live outside the United States and want to travel or work here, you generally must apply for a US American visa from the Department of State unless your nationality is exempt. Citizens of 42 participating countries can visit for business or tourism for up to 90 days without a visa through the Visa Waiver Program, according to U.S. Customs and Border Protection (cbp.gov). Whether you travel with a visa or an approved ESTA, a CBP officer at the port of entry makes the final decision to admit you.

How US American visas and lawful entry work

Three federal agencies handle US entry and status. U.S. Citizenship and Immigration Services (USCIS) reviews petitions and applications filed inside the country or submitted by US employers and relatives. The U.S. Department of State (DOS) issues visas at embassies and consulates abroad. U.S. Customs and Border Protection (CBP) inspects every traveler arriving at a US port of entry.

Holding a visa or travel authorization does not guarantee you can enter the country. Almost a million individuals enter the United States daily, and CBP states that every person arriving at a port of entry is subject to inspection by CBP officers for compliance with immigration, customs, and agriculture regulations. Before entering, you must present yourself to a CBP officer and receive permission to enter for your planned trip or work.

Once admitted, international visitors can use CBP's I-94 system to apply for a provisional I-94 or retrieve their I-94 or I-95 admission number and record, which serves as proof of legal visitor status, along with a limited travel history of US arrivals and departures. Non-US citizen travelers can also use CBP's Verify My Exit (VME) mobile app to record their departure with facial biometrics.

• Nonimmigrant classifications cover temporary stays for business, tourism, full-time academic or vocational study, or temporary employment.
• Immigrant classifications and Green Cards (known as Permanent Resident Cards) allow you to live and work permanently in the United States.
• Trusted Traveler Programs (Global Entry, TSA PreCheck, SENTRI, NEXUS, and FAST) are risk-based programs administered by CBP to help pre-approved travelers enter more smoothly.

Main US entry and status pathways from cbp.gov and uscis.gov, as of November 2026

Visa Waiver Program and ESTA rules for 90-day visits

The Visa Waiver Program (VWP) is administered by the Department of Homeland Security (DHS) in consultation with the State Department. It allows citizens of 42 countries to travel to the United States for business or tourism for stays of up to 90 days without a visa. In return, those 42 countries must permit US citizens and nationals to travel to their countries for a similar length of time without a visa for business or tourism.

If you travel under the Visa Waiver Program, you must use the Electronic System for Travel Authorization (ESTA). ESTA is an automated system that determines the eligibility of visitors to travel to the United States under the VWP by collecting biographic information and answers to VWP eligibility questions.

You may submit an ESTA application at any time before travel, though CBP recommends applying as soon as you begin preparing travel plans or prior to purchasing airline tickets. An approved ESTA lets you board a carrier to travel under the VWP, but it does not determine whether you are admissible to the United States. CBP officers determine admissibility upon your arrival at the port of entry.

Working in the United States: petitions, Form I-765, and status changes

A common way to work temporarily in the United States as a nonimmigrant is for a prospective employer to file a petition with USCIS on your behalf, such as Form I-129, Petition for a Nonimmigrant Worker. USCIS lists temporary worker classifications including CW-1, E-1, E-2, E-3, H-1B, H-2A, H-2B, H-3, I, L-1A, L-1B, O-1, P-1A, P-1B, P-2, P-3, Q, R-1, and TN USMCA professionals. Under the International Entrepreneur Rule, DHS may also grant a period of authorized stay to foreign entrepreneurs who show their business venture provides a significant public benefit.

If you are already in the United States in a lawful nonimmigrant status that does not provide employment authorization, you can generally apply for a change of status to a nonimmigrant classification that provides work authorization, or an adjustment of status to become a lawful permanent resident. Depending on the classification, an employer or other qualified requestor may need to file a petition for you first, though certain categories (such as an individual with extraordinary ability or a nonimmigrant E-1 or E-2 principal treaty trader or investor) allow you to self-petition.

If you are in the United States in an eligible category, such as an applicant for permanent residence or a qualifying family member of someone in lawful nonimmigrant status, you may file Form I-765, Application for Employment Authorization, to request work authorization and an Employment Authorization Document (EAD). You can also apply for an EAD to show work authorization if your immigration status already authorizes you to work without restrictions.

You must comply with all conditions of your employment authorization and the terms of your admission. USCIS warns that if you violate any of those conditions, you could be removed from the United States or denied re-entry.

H-1B specialty occupation cap and the FY 2027 weighted selection process

The H-1B program allows US employers to temporarily employ foreign workers in specialty occupations that require the theoretical and practical application of highly specialized knowledge and a bachelor's degree or higher in a directly related specific specialty (or its equivalent). Qualifying fields include architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts.

Congress set the annual regular H-1B cap at 65,000 visas each fiscal year, with up to 6,800 set aside for the H-1B1 program under the US-Chile and US-Singapore free trade agreements (unused H-1B1 numbers return to the next fiscal year's regular H-1B cap). An additional 20,000 petitions for beneficiaries who earned a master's degree or higher from a US institution of higher education are exempt from the regular cap.

Certain H-1B petitions are exempt from the annual cap altogether, including petitions filed by US institutions of higher education and petitions for H-1B workers performing labor or services in Guam and the Commonwealth of the Northern Mariana Islands (CNMI) if filed before December 31, 2029.

For cap-subject H-1B petitions, employers must first create a USCIS organizational online account and electronically register each prospective beneficiary during the initial registration period, which runs for at least 14 calendar days. For the FY 2027 H-1B cap, the initial registration period runs from noon Eastern on March 4 through 5:00 p.m. Eastern on March 19, with selection notifications intended by March 31 and petition filing opening on April 1. USCIS reported that it received enough petitions to reach both the 65,000 regular cap and the 20,000 US advanced degree exemption for FY 2027.

Starting in FY 2027, USCIS uses a weighted selection process when random selection is needed. Each unique beneficiary's registration is assigned to the highest Occupational Employment and Wage Statistics (OEWS) wage level that their proffered wage equals or exceeds for the relevant Standard Occupational Classification (SOC) code in the area of intended employment. Regardless of how many registrations are submitted for a beneficiary or how many times they enter the pool, each unique beneficiary is counted only once toward the numerical cap.

• OEWS Wage Level IV: entered into the selection pool 4 times.
• OEWS Wage Level III: entered into the selection pool 3 times.
• OEWS Wage Level II: entered into the selection pool 2 times.
• OEWS Wage Level I: entered into the selection pool 1 time.

H-1B electronic registration and selection history from uscis.gov, as of September 2026

American visa news: 2026 USCIS policy updates, court orders, and fraud enforcement

Travelers and employers can track current American visa news, policy changes, and regulatory alerts on the USCIS newsroom portal, which catalogs news releases from the past three years by topic and date. Recent 2026 updates highlight major changes in H-1B litigation, selection integrity, and enforcement.

H-1B payment litigation: A Presidential Proclamation required certain H-1B petitions filed at or after 12:01 a.m. Eastern on September 21, 2025, to include an additional payment as a condition of eligibility. On June 8, 2026, the U.S. District Court for the District of Massachusetts issued an order vacating agency guidance that required that payment. After the U.S. Court of Appeals for the First Circuit denied the government's motion to stay on July 24, 2026, USCIS announced it is complying with the court's order while considering next steps, though DHS plans to collect the payment if the order is later lifted.

Premium processing inflation adjustment: On January 9, 2026, DHS announced the Adjustment to Premium Processing Fees final rule to reflect inflation from June 2023 through June 2025. The updated fee schedule took effect on March 1, 2026, and USCIS rejects any Form I-907 postmarked on or after March 1, 2026, that includes an incorrect filing fee.

H-1B registration anti-fraud results: Following the beneficiary-centric selection rule and fraud investigations into the FY 2023 and FY 2024 cap seasons, eligible H-1B registrations dropped 26.9% in FY 2026 to 343,981 (down from 470,342 in FY 2025), with approximately 339,000 eligible unique beneficiaries and 57,600 unique employers. Average registrations per beneficiary fell to 1.01 in FY 2026 compared to 1.06 in FY 2025. By our calculation from USCIS historical registration data, eligible registrations for beneficiaries with multiple registrations dropped by 98.1% between FY 2024 (408,891) and FY 2026 (7,828).

CBP One parole litigation update: On October 26, 2026, USCIS published an update following a September 28, 2026 federal court order in Massachusetts. Under the order, people paroled into the United States after scheduling an appointment through the CBP One mobile app whose parole was terminated by mass email in April 2025 may request reopening or reconsideration of an adverse decision without a fee.

Fraud and enforcement actions: On October 29, 2026, USCIS reported taking 2.2 million enforcement actions, with recent news releases highlighting cases involving marriage fraud, fake crime-victim visa claims, asylum smuggling schemes, and unlawful voting by noncitizens.

H-1B registration fees, payment limits, and litigation amounts from uscis.gov, as of November 2026

Checklist: how to file a cap-subject H-1B petition without a rejection

Once USCIS selects a beneficiary's electronic registration and posts a Registration Selection Notice in the employer's organizational account, the petitioner has a designated 90-day filing window beginning April 1 to submit the complete Form I-129 package online or by mail. Use this step-by-step checklist from USCIS filing instructions to avoid rejection or denial.

• Verify the employment start date: For FY 2027 cap and advanced degree exemption petitions, request a start date of October 1, 2026, or later (and 6 months or less from the petition receipt date). Never file more than 6 months before the start date, and never write ASAP or As Soon As Possible, or USCIS will reject the petition.
• Match registration and petition details: Ensure the beneficiary's full name, date of birth (mm/dd/yyyy), country of birth and citizenship, 6-digit SOC code, and proffered wage (at or above the registered OEWS wage level) match the selected electronic registration. Even if the certified Labor Condition Application (LCA) uses an 8-digit O*NET-SOC code (such as 17-2051.01 for Transportation Engineers), you may enter the corresponding 6-digit SOC code (17-2051 for Civil Engineers) on Form I-129 without triggering a mismatch.
• Flag any changed passport or job details: Submit evidence of the valid passport or travel document used at registration. If the passport expired between registration and filing, include copies of both passports and a written explanation. USCIS encourages using a brightly colored coversheet to flag any explanation of changed information.
• Assemble documents in USCIS's preferred order: (1) Form G-28 if represented, matching the petitioner's exact name on Form I-129. (2) A copy of the Registration Selection Notice. (3) Form I-129 with the Beneficiary Confirmation Number entered on Page 13, Question 5 of the H Classification Supplement. (4) The H Classification Supplement and H-1B Data Collection and Filing Fee Exemption Supplement signed in black ink. (5) A table of contents and supporting evidence including wage-level basis as of the registration date, Form I-94, Form I-20 or DS-2019 if applicable, the Department of Labor certified LCA (Form ETA 9035), educational credentials or registrar letter, and proof of a bona fide specialty occupation position.
• Leave out duplicate petition copies: USCIS asks petitioners not to include duplicate copies of Form I-129 or supporting evidence, because electronic scanning and data-sharing with the Department of State make duplicates unnecessary and can cause misidentification.
• Never submit duplicate registrations or petitions: A petitioner may submit only one registration per beneficiary per fiscal year. If you submit a duplicate registration, you must delete the extra entry before 5:00 p.m. Eastern on March 19, 2026, or USCIS will invalidate all registrations you submitted for that beneficiary. Similarly, if a mailed petition is delayed, only refile within the 90-day window if you receive a delivery service error notice, and include both that notice and a formal withdrawal of the first petition.

Green Cards and permanent residence pathways

Having a Green Card, known as a Permanent Resident Card, allows you to live and work permanently in the United States. The steps to apply depend on your eligibility category and whether you are inside or outside the United States.

Common petitions that start the permanent residence process include Form I-130 (Petition for Alien Relative) for family-based immigration, Form I-140 (Immigrant Petition for Alien Workers) across the five employment-based immigrant visa preferences, and Form I-526 (Immigrant Petition by Standalone Investor). Applicants who are in the United States in a lawful status may apply for adjustment of status using Form I-485 (Application to Register Permanent Residence or Adjust Status), which in some categories can be filed concurrently with the underlying immigrant petition.

While your Green Card application is pending with USCIS, you must keep your address updated and follow rules for travel and employment authorization. Current permanent residents use Form I-90 to replace a Green Card, Form I-751 to remove conditions on residence, and Form N-400 to apply for naturalization as a US citizen.

Practice example

What is the purpose of your visit to the United States, and what work or activities will you perform while you are here?

A strong, honest answer states your exact visa classification or Visa Waiver Program status and matches the activity allowed under that status. If you are entering as a temporary worker such as an H-1B beneficiary, name your petitioning US employer, your specialty occupation role, your worksite location, and your start date as listed on your Form I-129 and Form I-797 approval notice, and have your valid passport and petition receipt or approval notice ready to show the officer. If you are visiting under the Visa Waiver Program with an approved ESTA or on a business or tourist visa, explain your specific business meetings or travel plans, give your return date within the 90-day VWP limit or authorized stay, and confirm that you will not engage in unauthorized employment in the United States.

Before you can enter the United States, U.S. Customs and Border Protection officers inspect every traveler to confirm you have permission to enter for your planned trip or work and that your plans comply with the conditions of your admission and employment authorization.

This is interview practice, not legal advice. For questions about your own case, talk to an immigration attorney. Visaful is not affiliated with the U.S. government or the Department of State.