Updated November 12, 2026

US Worker Visa: Temporary Work Visas and Permanent Green Cards

To get a US worker visa, you apply through either a temporary nonimmigrant category (such as H-1B, L-1, O-1, E-2, E-3, or TN) or one of the 5 permanent employment-based immigrant categories (EB-1 through EB-5), which USCIS states provide about 140,000 immigrant visas each fiscal year. Most temporary workers need a U.S. employer to file Form I-129 with USCIS first, while permanent workers use Form I-140, Form I-360, or Form I-526 before applying for a visa abroad or adjusting status on Form I-485.

Temporary vs. permanent US worker visas: which path fits your job

Every US worker visa falls into 1 of 2 tracks, depending on whether you plan to work in the USA temporarily or permanently. Temporary nonimmigrant classifications let you work in the United States for a fixed stay tied to a specific employer or activity. Permanent immigrant classifications let you and your spouse and children live and work permanently in the United States as Green Card holders.

Four federal agencies run the process. The U.S. Department of Labor (DOL) handles prevailing wages, labor attestations, and permanent labor certifications so hiring a foreign worker does not hurt the wages and working conditions of similarly employed U.S. workers. U.S. Citizenship and Immigration Services (USCIS) adjudicates employer petitions and domestic status filings. Applicants outside the United States generally apply for a visa from the U.S. Department of State unless visa-exempt by nationality, then seek permission to enter from U.S. Customs and Border Protection (CBP) at a port of entry.

Most temporary workers need a U.S. employer to obtain USCIS approval on Form I-129 first. USCIS notes that only a few nonimmigrant classifications allow work without a prior employer petition, including E-1, E-2, E-3, and TN in certain scenarios, plus F-1 and M-1 students and J-1 exchange visitors in certain instances. Among permanent categories, self-petitioning without a job offer is available for EB-1 extraordinary ability, EB-2 National Interest Waiver, and EB-5 investor applicants.

• Applying from abroad: After USCIS approves the employer petition when required, apply for a Department of State visa unless exempt, such as Canadian citizens requesting TN status directly at designated CBP ports of entry.
• Already lawfully in the United States: Request a change of status to a work-authorized nonimmigrant category, or file Form I-485 for adjustment of status concurrently with or after an immigrant petition when a visa is available.
• Foreign founders: Under the International Entrepreneur Rule, the Department of Homeland Security (DHS) may grant International Entrepreneur Parole via Form I-941 when a startup provides a significant public benefit.

Temporary nonimmigrant worker classifications compared

Employers file Form I-129, Petition for a Nonimmigrant Worker, to sponsor temporary workers in H-1B, H-2A, H-2B, H-3, L-1, O-1, O-2, P-1, P-1S, P-2, P-2S, P-3, P-3S, Q-1, or R-1 status. Employers also use Form I-129 inside the United States to extend stay or change status to E-1, E-2, E-3, H-1B1, or TN. Petitions for H-1B, H-1B1 Chile/Singapore, L-1, and O-1A require the Part 6 export control certification. Blanket L petitions (LZ) do not need Part 6.

Under Executive Order 14286 and DOL guidance, petitions and E-2 applications for commercial motor vehicle operators must generally include proof of English proficiency. You can show a standardized exam result or a signed petitioner statement. USCIS also generally accepts a visa issued after June 15, 2026 for a commercial driving role as proof.

Temporary nonimmigrant worker classifications from uscis.gov and help.cbp.gov

H-1B, L-1, and H-2B caps, registration, and the 2,192-day limit

For cap-subject H-1B petitions, Congress sets an annual 65,000 regular cap plus a 20,000 U.S. advanced degree exemption (master's cap), and USCIS reached both caps for FY 2027.

Employers register each worker through a USCIS Organization/Company online account during a window of at least 14 calendar days (for FY 2027, March 4 at noon Eastern to March 19 at 5:00 p.m. Eastern, with selection notices by March 31 and filing from April 1). Registrants enter valid passport details and the highest Occupational Employment and Wage Statistics (OEWS) wage level the salary meets or exceeds, which USCIS uses for beneficiary-centric weighted selection. In FY 2026, eligible registrations fell 26.9% to 343,981 from 470,342 in FY 2025, with 120,141 selected registrations across about 339,000 unique beneficiaries.

Under a USCIS Administrative Appeals Office decision issued August 24, 2023, U.S. days in L-1A or L-1B status count toward that 2,192-day limit, while H-4 or L-2 dependent days do not.

Worked example written by our team (using USCIS AAO rules, with an invented applicant): Priya spent 827 days in L-1A status in the United States, then changed to H-4 status. Because H-4 days do not count, Priya retains 1,365 days (2,192 minus 827) of H-1B time without needing a 1-year stay abroad, enough to cover a 3-year (1,096-day) H-1B petition. If Priya travels abroad while a change-of-status request is pending, however, USCIS notes that departure generally abandons the change-of-status request.

For seasonal non-agricultural H-2B workers, DOL's Office of Foreign Labor Certification (OFLC) manages a 33,000 semi-annual visa allotment for each half of the fiscal year. Employers file Form ETA-9142B in 3-day windows: January 1 to 3 for April 1 start dates (10,062 applications for 162,603 positions in 2026) and July 3 to 5 for October 1 start dates (2,625 applications for 51,158 positions).

Permanent employment-based Green Cards: EB-1 through EB-5

USCIS allocates about 140,000 employment-based immigrant visas each fiscal year to workers and their spouses and children across 5 preference categories. Employers or eligible self-petitioners file Form I-140 (alien workers), Form I-360 (special immigrants), or Form I-526 or Form I-526E (standalone or regional center EB-5 investors).

Most EB-2 and EB-3 cases require an approved DOL permanent labor certification (PERM) on Form ETA-9089 in the Foreign Labor Application Gateway (FLAG) system, including a signed Final Determination for filings on or after June 1, 2023. PERM confirms that insufficient qualified U.S. workers are available at or above the prevailing wage, though DOL notes certification does not ensure that a visa will be issued.

Two exceptions skip individual DOL certification. First, DOL pre-certifies Schedule A occupations for Group I (professional nurses and physical therapists) and Group II (exceptional ability in sciences, arts, or performing arts), filed directly with Form I-140 using an uncertified Form ETA-9089, signed Final Determination, and prevailing wage tracking number. Second, EB-2 National Interest Waiver (NIW) applicants may self-petition without a job offer or PERM.

Permanent worker preference categories from uscis.gov

Step-by-step roadmap, priority dates, and Visa Bulletin charts

Whether you move from F-1 Optional Practical Training (which USCIS extends under H-1B cap-gap rules for eligible students) to H-1B and then a Green Card, or apply from abroad, employment cases follow 4 stages.

Green Card wait times depend on supply and demand at USCIS and the Department of State, your priority date, country of chargeability (usually country of birth), and statutory per-country caps. Within 1 week of each monthly Visa Bulletin, USCIS announces whether Form I-485 filers must use the Dates for Filing chart or Final Action Dates chart (designating Dates for Filing for all employment categories in November 2026). Categories current or later on Final Action Dates may use Final Action Dates.

• Step 1 (DOL wage and labor stage): When required, the employer requests a Prevailing Wage Determination on Form ETA-9141 (using BLS OEWS wages updated each July 1 through June 30) and files a Labor Condition Application (Form ETA-9035 for H-1B, H-1B1, or E-3), temporary certification, or PERM Form ETA-9089 in FLAG.
• Step 2 (USCIS petition): File Form I-129 or Form I-140, I-360, or I-526, optionally adding Form I-907 for Premium Processing. Paper forms need original handwritten signatures (or copies of signed originals), not typed, stamped, or pasted images.
• Step 3 (Consular processing abroad or status in the U.S.): Applicants outside the United States complete Department of State (DS) visa forms for consular processing at a U.S. embassy or consulate abroad, while eligible applicants in the United States file Form I-129 to change or extend status or Form I-485 to adjust status (with Form I-693 medical report and Form I-485J job confirmation or INA 204(j) portability).
• Step 4 (CBP entry and Form I-94): Present your passport, visa if required, and Form I-797 approval notice (or approved Form I-129S). If your CBP Form I-94 expires before your Form I-797 end date, extend status, seek another benefit, or depart before the Form I-94 date.

USCIS fees, payment rules, and 2026 H-1B fee updates

USCIS checks every filing against Form G-1055, Fee Schedule, and rejects applications with the wrong amount. Certain forms also carry non-waivable Public Law 119-21 (HR-1) fees, which adjust each year and require a separate payment alongside your base fee. USCIS never accepts cash. You pay online through Pay.gov, or pay by mail using Form G-1450 for a card or Form G-1650 for a U.S. bank ACH transfer, unless you qualify for a paper payment exemption on Form G-1651.

Two 2026 rules affect H-1B and L-1 employer costs. Starting September 9, 2026, covered employers must pay the 9-11 Response and Biometric Entry-Exit Fee on all H-1B and L-1 petitions, except amended petitions that do not extend stay. Covered employers are those with 50 or more U.S. employees where more than 50 percent hold H-1B, L-1A, or L-1B status. Separately, a June 8, 2026 federal court order vacated the H-1B payment requirement listed in the table below. After the First Circuit denied a stay on July 24, 2026, DHS paused collection while that court order remains in place.

Fees, payment limits, and investment thresholds from uscis.gov, as of October 2026

Dependent work rules (EAD) and pre-filing border checklist

Spouses and unmarried children apply for derivative visas at a U.S. consulate abroad unless exempt, or file Form I-539 to change or extend dependent status inside the United States. Since January 30, 2022, qualifying E and L spouses work incident to status when their unexpired Form I-94 shows code E-1S, E-2S, E-3S, or L-2S, which satisfies Form I-9 List C without filing Form I-765. Certain H-4 spouses and pending Form I-485 applicants must obtain a Form I-765 EAD first. When H-4 or L-2 Form I-539 and spouse Form I-765 packets are filed together at the same time and place as Form I-129, USCIS adjudicates them together.

Use this pre-filing and border checklist written by our team before filing or traveling.

• Check H-1B account setup and duplicates: Open an Organization/Company account and delete any duplicate beneficiary registrations before 5:00 p.m. Eastern on March 19, or USCIS will invalidate every entry from that petitioner for that worker.
• Match form editions and signatures: Make sure every page of Form I-129 comes from the same current edition, check Form G-1055 before paying, include original handwritten signatures, and submit non-waivable Pub. L. 119-21 payments separately.
• Pack Canadian TN border documents: Bring proof of Canadian citizenship, an employer letter naming your approved TN profession, duties, stay length, and qualifications, any credentials evaluation, and applicable fees to a designated CBP port of entry or pre-clearance station.
• Verify Form I-94 and tax setup after arrival: Inspect your CBP Form I-94 end date and spouse code (such as L-2S or E-3S), apply for a Social Security number once DHS grants work permission, and review IRS nonresident alien tax rules.

Practice example

What will your job duties be in the United States, who is your petitioner, and how do your qualifications fit this visa classification?

Give a direct 2 to 3 sentence answer that matches your approved Form I-129 or Form I-140 petition and your visa application. State your exact job title, the name of your petitioning U.S. employer, the city and state of your worksite, and 2 or 3 concrete daily duties in plain English rather than internal company jargon. Next, connect your education or experience directly to the category rules. For an H-1B specialty occupation, name your bachelor's or higher degree and specific major. For an L-1A or L-1B transfer, state your managerial role or specialized knowledge with the foreign affiliate. For a Canadian TN border inspection, point to your approved profession and qualifications in your employer's letter. Keep your Form I-797 approval notice or approved Form I-129S for blanket L-1, your valid passport, and your degree or credentials evaluation organized so you can hand them over if asked.

Consular and CBP officers verify that you understand the bona fide job offer on your petition, meet the educational or experience prerequisites for that specific work classification, and intend to comply with the exact terms and worksite of your authorized admission.

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.