Updated November 11, 2026

Work visa to the United States: temporary and permanent paths, forms, and steps

To get a work visa to the United States, a US employer generally files a petition for you with US Citizenship and Immigration Services (USCIS). Often, the employer must first get foreign labor certification from the Department of Labor. You can apply as a temporary nonimmigrant worker (such as H-1B, L-1, O-1, or TN) or for one of the about 140,000 employment-based immigrant visas available each fiscal year across five permanent worker categories (uscis.gov, as of August 2026). Once USCIS approves the petition, applicants outside the US apply for a visa from the Department of State and then ask Customs and Border Protection for permission to enter at a port of entry.

How to get a work visa in the United States: step by step

US employment immigration splits into two tracks. Temporary nonimmigrant workers enter the United States for a limited period and a specific job. Permanent workers receive an employment-based immigrant visa to live and work in the country permanently as lawful permanent residents.

In most classifications, you cannot apply on your own. A prospective US employer must sponsor you and file the petition with USCIS. A small group of categories allows you to self-petition without an employer. These include extraordinary ability classifications, EB-2 National Interest Waiver petitions, EB-5 immigrant investors, and nonimmigrant E-1 or E-2 principal treaty traders and investors.

Whether you apply from abroad or change status inside the country, four federal agencies run this process in sequence. Skipping a prerequisite or starting work before USCIS approval violates your status and can lead to removal or denial of re-entry.

• Step 1: Secure a job offer and Department of Labor (DOL) certification (if required). For H-1B, H-2A, H-2B, CW-1, D-1 crewmembers, and most EB-2 and EB-3 permanent roles, your employer must first apply to the DOL. This verifies that there are not enough qualified, willing US workers available at the prevailing wage (the average wage paid to similarly employed workers in that occupation and area). It also confirms that hiring a foreign worker will not hurt US workers' wages or working conditions.
• Step 2: File the petition with US Citizenship and Immigration Services (USCIS). For temporary workers, the employer files Form I-129, Petition for a Nonimmigrant Worker (or Form I-129CW for CNMI transitional workers). For permanent workers, the employer or self-petitioner files Form I-140, Immigrant Petition for Alien Workers (or Form I-526 or I-526E for EB-5 investors). Only a few temporary classifications, including E-1, E-2, E-3, and TN (and in certain instances F-1, M-1, and J-1), allow you to work without an employer first filing a petition.
• Step 3: Apply for a visa with the Department of State (DOS) if outside the US. Once USCIS approves the petition and issues Form I-797, Notice of Action, you apply at a US embassy or consulate abroad for your visa stamp.
• Step 4: Present yourself for Customs and Border Protection (CBP) inspection at a US port of entry. CBP notes that a visa issued by a consular officer does not guarantee entry into the United States. A CBP officer at the border or airport inspects every traveler to decide if they are admissible and issues Form I-94, Arrival-Departure Record.
• Alternative Step 3 if you are already in the US: If you are lawfully inside the US in a nonimmigrant status, you or your employer may request a change of nonimmigrant status before your authorized stay on Form I-94 expires. You can also file Form I-485, Application to Register Permanent Residence or Adjust Status, when an immigrant visa is available.

Temporary (nonimmigrant) work visa categories compared

USCIS groups temporary nonimmigrant workers by the type of work they perform and their nationality or treaty eligibility. The table below covers the primary classifications, who qualifies, and the visa code for dependent spouses and children.

Under the International Entrepreneur Rule, the Department of Homeland Security may also grant a period of authorized stay (parole, requested via Form I-941) to foreign entrepreneurs who show that their business venture in the United States provides a significant public benefit.

Temporary nonimmigrant worker classifications and dependent categories from uscis.gov, as of August 2026

H-1B specialty occupations: cap numbers, registration, and weighted selection

The H-1B visa is the primary route for college-educated professionals in fields such as engineering, mathematics, physical and social sciences, medicine, architecture, accounting, law, business specialties, education, theology, and the arts.

Because demand exceeds the statutory supply, employers seeking to file a cap-subject H-1B petition must first submit an electronic registration during a window of at least 14 calendar days (for FY 2027, from noon Eastern on March 4 through 5:00 p.m. Eastern on March 19). The employer must create a USCIS organizational account and provide the worker's valid passport or travel document details.

Even with multiple entries in the selection pool or registrations from multiple companies, each unique beneficiary is counted only once toward the annual cap. In the FY 2026 cap cycle, USCIS received 343,981 eligible registrations for about 339,000 eligible unique beneficiaries and selected 120,141 registrations. By our calculation from USCIS historical registration data, that represents a 35.4% selection rate per eligible unique beneficiary in FY 2026 (120,141 selected registrations divided by roughly 339,000 unique beneficiaries) and a 26.9% drop in eligible registrations compared to FY 2025 (470,342 eligible registrations).

If selected (notifications intended by March 31), the employer files Form I-129 within the 90-day filing window starting April 1. The petition must request an employment start date of October 1 or later, and no more than 6 months after the petition receipt date. The package must include the Registration Selection Notice, the Beneficiary Confirmation Number, and a DOL-certified Labor Condition Application (Form ETA 9035). It also requires educational credentials (degrees, final transcripts, or a registrar letter), evidence of a bona fide job offer, and proof supporting the OEWS wage level selected at registration.

Starting in FY 2027, USCIS uses a weighted selection process tied to Occupational Employment and Wage Statistics (OEWS) wage levels rather than a flat random draw. Each unique beneficiary is entered into the selection pool based on the highest OEWS wage level that their proffered salary equals or exceeds for their Standard Occupational Classification (SOC) code and work location:

• Regular cap: 65,000 visas per fiscal year, with up to 6,800 set aside for H-1B1 professionals from Chile and Singapore under free trade agreements.
• US advanced degree exemption (master's cap): An additional 20,000 petitions for beneficiaries who earned a master's degree or higher from a US institution of higher education.
• Cap-exempt petitions: Petitions filed by US institutions of higher education are exempt from the annual cap, as are H-1B workers performing labor in Guam or the Commonwealth of the Northern Mariana Islands (CNMI) if filed before December 31, 2029.
• 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-2B seasonal workers and the 2026 commercial driver English rule

Employers hiring temporary non-agricultural workers under the H-2B program face a semi-annual allotment of 33,000 worker positions. To manage demand at the start of each half-year, the Department of Labor's Office of Foreign Labor Certification (OFLC) uses a three-day filing window and randomization process for Form ETA-9142B.

For work starting October 1, 2026, employers filed between July 3 and July 5, 2026, and OFLC received 2,625 H-2B applications requesting 51,158 worker positions. The January 1 to January 3, 2026 window for April 1, 2026 start dates drew 10,062 applications covering 162,603 positions. By our calculation from Department of Labor announcements, employers requested 1.55 times the 33,000 semi-annual visa allotment for October 2026 start dates and 4.93 times the 33,000 allotment for April 2026 start dates.

Under Executive Order 14286 (issued April 28, 2025) and updated DOL guidance effective June 15, 2026, employers seeking a permanent or temporary labor certification for any job requiring an employee to operate a commercial motor vehicle must include an English language proficiency standard. Petitioners filing with USCIS (including E-2 applications for commercial driving jobs) must submit evidence that the worker meets this standard. Acceptable evidence includes a passing score on a standardized English exam, a signed attestation from the petitioner, or a relevant visa issued by the Department of State after June 15, 2026.

Permanent (immigrant) work visas: EB-1, EB-2, EB-3, EB-4, and EB-5

About 140,000 employment-based immigrant visas are allocated each fiscal year for permanent workers and their qualifying spouses and children across five preference categories.

For EB-2 and EB-3 petitions, the sponsoring US employer must normally obtain a Permanent Labor Certification (PERM) from the Department of Labor using the Foreign Labor Application Gateway (FLAG) system. The employer then submits the signed Form ETA-9089, Final Determination, with Form I-140 to USCIS. Published USCIS and statutory dollar amounts from our sources appear in the table below. The five preference categories and the two major exceptions to individual PERM certification are:

• First Preference (EB-1): Persons of extraordinary ability in the sciences, arts, education, business, or athletics, outstanding professors and researchers, and certain multinational executives and managers. No labor certification is required, and extraordinary ability applicants may self-petition.
• Second Preference (EB-2): Members of the professions holding advanced degrees, or persons with exceptional ability in the arts, sciences, or business. Requires a DOL labor certification unless waived.
• Third Preference (EB-3): Professionals, skilled workers, and other workers. Requires a DOL labor certification unless the occupation falls under Schedule A.
• Fourth Preference (EB-4): Special immigrants, including certain religious workers, employees of US foreign service posts, retired employees of international organizations, and noncitizen minors who are wards of US courts. No labor certification is required.
• Fifth Preference (EB-5): Business investors who invest capital in a new commercial enterprise that employs at least 10 full-time US workers. No labor certification is required.
• Schedule A occupations: DOL has predetermined that there are not enough US workers for Group I (professional nurses and physical therapists) and Group II (persons of exceptional ability in the sciences or arts, including college and university teachers, and the performing arts). The employer files Form I-140 with an uncertified Form ETA-9089, a signed Final Determination, and a valid prevailing wage determination tracking number (Form ETA-9141).
• National Interest Waiver (NIW): Available in the EB-2 category. An applicant or employer can ask USCIS to waive both the job offer and the labor certification requirement because the endeavor is in the national interest of the United States, submitting Form ETA-9089, Appendix A, and a signed Final Determination.

Fees and statutory thresholds from uscis.gov (Form G-1055 and Permanent Workers), as of November 2026

Spouses, children, and Employment Authorization Documents (EAD)

Most work visa categories allow your spouse and children to accompany you. Family members outside the US apply directly at a US consulate for their dependent visa classification (such as H-4, L-2, O-3, P-4, TD, or R-2). If they are already inside the US and need to change status or extend their stay in a dependent classification, they must file Form I-539, Application to Extend/Change Nonimmigrant Status.

Dependent spouses and children of nonimmigrants in A, E, G, H, I, J, or L status do not need to apply to change their nonimmigrant status to attend school in the United States. Dependents of F or M students may attend elementary, middle, or high school without changing status, but they must apply for a change of status to attend post-secondary school full-time. Generally, only foreign nationals who have permission from DHS to work can apply for a Social Security number. Work rules for family members depend on the principal worker's classification:

• Work authorization incident to status (E and L spouses): Certain E-1, E-2, E-3, and L-1 dependent spouses are authorized to work automatically based on their status. USCIS and CBP issue Forms I-94 with Class of Admission (COA) codes E-1S, E-2S, E-3S, and L-2S, which serve directly as List C evidence of employment authorization for Form I-9 without filing Form I-765.
• Applying for an EAD (Form I-765): Other eligible individuals in the US, including applicants with a pending Form I-485 adjustment of status and qualifying family members of lawful nonimmigrants (such as eligible H-4 spouses), must file Form I-765, Application for Employment Authorization, to receive an Employment Authorization Document (Form I-766 EAD) before working.
• Permanent resident family sponsorships: Once you become a lawful permanent resident (Green Card holder), you may petition for your spouse and unmarried children (under 21 or 21 and older) to immigrate by filing Form I-130, Petition for Alien Relative.

What the officer may ask at your work visa interview

At your consular visa interview or CBP port-of-entry inspection, the officer checks that your job, qualifications, and worksite match your approved USCIS petition and Labor Condition Application. Prepare for these verification questions by reviewing your forms before you go:

• What is your position, and what will your day-to-day duties be? The officer checks that your actual work matches the specialty occupation or classification approved on Form I-129 or Form I-140 and the SOC code on your LCA or PERM. Be ready to explain your responsibilities in plain language and have your employer support letter and degree transcripts on hand.
• What salary will your employer pay you, and where will you work? For H-1B, H-1B1, E-3, H-2A, H-2B, and PERM-based visas, your pay must meet or exceed the prevailing wage (and for cap-subject H-1B petitions, the OEWS wage level attested to during registration) in the area of intended employment. Know the exact figure and city listed on your certified LCA or Form ETA-9089.
• How does your degree or background qualify you for this role? Specialty occupation and skilled or advanced degree categories require a specific degree, training, or combination of education and experience. Have your original diplomas, final transcripts (or registrar letter if the degree is pending), and English translations ready.
• If you will operate a commercial motor vehicle, can you communicate in English? For commercial driving positions under H-2B, EB-3, E-2, or other labor-certified paths, the Department of State conducts increased vetting to verify English language proficiency under Executive Order 14286. Be ready to converse in English and carry your standardized English exam certificate or petitioner attestation statement.

Practice example

What will your exact job duties be in the United States, what salary will you receive, and how does your degree qualify you for this position?

A strong, honest answer covers three concrete facts that match your approved Form I-129 petition and certified Labor Condition Application (Form ETA 9035). First, state your exact job title, the 6-digit Standard Occupational Classification (SOC) field, and two or three specific technical tasks you will perform at your worksite. Second, give your exact annual base salary and confirm the city and state where you will work, making sure the figure equals or exceeds the prevailing wage and the OEWS wage level (Level I through IV) your employer attested to during H-1B registration. Third, name your bachelor's or advanced degree major, the university where you earned it, and how that coursework directly relates to your job duties. Have your Form I-797 approval notice, your certified LCA, your employer's support letter, and your original degree diploma or final transcript ready to hand over if the officer asks.

The consular officer is verifying that you have a bona fide job offer in a qualifying specialty occupation and that your role, location, educational credentials, and salary match the attestations on your Form I-129 and Labor Condition Application.

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.