Work visa types explained: an official overview

Step 1 — Know the difference: temporary or permanent

There are two kinds of work-based immigration:

• Temporary (nonimmigrant) workers come for a limited time. A common way to do this is for a prospective employer to file a petition with USCIS for you (USCIS — Working in the United States).
• Permanent workers seek an employment-based immigrant visa (a green card), which may let them live and work in the U.S. permanently (USCIS — Working in the United States). See our employment-based green card overview.

Students and exchange visitors follow different rules: see work options for F-1 students and J-1 exchange visitors.

Step 2 — Learn which agency does what

Up to four federal agencies take part, roughly in this order:

1. Department of Labor (DOL), for some categories. Before an H-1B, H-1B1 or E-3 petition or visa, the employer must submit a Labor Condition Application (LCA) to DOL, attesting that it will follow that program’s rules (DOL — H-1B, H-1B1 and E-3). For H-1B, these include paying at least the higher of the wage paid to similarly qualified workers and the prevailing wage (USCIS — H-1B). H-2A and H-2B employers must first get a temporary labor certification from DOL (USCIS — H-2A; USCIS — H-2B).
2. USCIS. The employer files Form I-129, Petition for a Nonimmigrant Worker (USCIS — Temporary Workers). When USCIS approves it, USCIS sends the employer an approval notice, Form I-797 (State Department — Temporary Worker Visas).
3. Department of State. If you live outside the U.S., you generally must apply for a visa at a U.S. embassy or consulate, unless people from your country don’t need one; in many cases, USCIS must approve the petition first (USCIS — Working in the United States). An approved petition doesn’t guarantee a visa, so the State Department says not to make final travel plans or buy tickets until you have one (State Department — Temporary Worker Visas).
4. U.S. Customs and Border Protection (CBP). At the border, you must receive permission from a CBP officer to enter and do the work you came for (USCIS — Working in the United States). See our I-94 guide.

A few categories, including E-1, E-2, E-3 and TN, allow work without an employer first filing a petition (USCIS — Temporary Workers).

Step 3 — Explore the employer-petition categories

Each name links to the USCIS page with the full requirements.

• H-1B is for “specialty occupations”: jobs that need highly specialized knowledge and at least a bachelor’s degree in a directly related specialty, or its equivalent; it has an annual cap (USCIS — H-1B). For petitions under the cap, the employer must first submit an electronic registration, and only a selected registration can lead to a petition (USCIS — H-1B registration).
• H-2A is for temporary or seasonal agricultural work (USCIS — Temporary Workers).
• H-2B is for temporary non-agricultural work when the employer’s need is temporary, for example seasonal; H-2B also has an annual cap (USCIS — H-2B).
• L-1A and L-1B let a company move an executive or manager (L-1A), or an employee with specialized knowledge (L-1B), from an affiliated office abroad to a U.S. office; the employee generally must have worked for it abroad for one continuous year within the previous three years (USCIS — L-1A; USCIS — L-1B).
• O-1 is for people with extraordinary ability in the sciences, arts, education, business or athletics, or extraordinary achievement in film or television, recognized nationally or internationally; a U.S. employer or a U.S. agent files the petition (USCIS — O-1).
• P covers internationally recognized athletes (P-1A) and entertainment groups (P-1B), performers in reciprocal exchange programs (P-2) and artists in culturally unique programs (P-3) (USCIS — Temporary Workers). A U.S. employer, agent or sponsoring organization files the petition (USCIS — P-3).
• R-1 is for ministers and other religious workers employed at least part time (an average of at least 20 hours a week) by a qualifying non-profit religious organization, after at least two years as members of the denomination (USCIS — R-1).

Step 4 — Check categories tied to your citizenship

• TN is for citizens of Canada and Mexico under the United States-Mexico-Canada Agreement (USMCA, formerly NAFTA), in a profession included in the USMCA and with a prearranged job for a U.S. employer (USCIS — TN). Canadians don’t need a TN visa; Mexicans must get one at a U.S. embassy or consulate in Mexico (USCIS — TN).
• E-1 and E-2 are for nationals of a “treaty country”: E-1 treaty traders carry on substantial trade, mainly between the U.S. and their country (USCIS — E-1). E-2 treaty investors invest a substantial amount of capital in a U.S. business (USCIS — E-2). Certain employees can qualify too, and both USCIS pages link to the State Department’s list of treaty countries (USCIS — E-1). From outside the U.S., you apply through the State Department, not on Form I-129 (USCIS — E-1; USCIS — E-2).
• E-3 is only for nationals of Australia coming to work in a specialty occupation (USCIS — E-3), and it also needs an LCA (DOL — H-1B, H-1B1 and E-3).
• H-1B1 is for specialty-occupation workers from Chile and Singapore (USCIS — Temporary Workers). The State Department says it is not a petition-based visa and points to the U.S. embassies in those two countries (State Department — Temporary Worker Visas).

Step 5 — Check the latest USCIS alerts

Some rules changed in 2025–2026, and USCIS posts alerts at the top of each category page:

• H-1B: alerts about a presidential proclamation of September 19, 2025, on certain new H-1B petitions, and court orders about it dated June 8 and July 24, 2026 (USCIS — H-1B).
• H-1B and L-1: a fee rule for some employers, effective September 9, 2026 (USCIS — H-1B; USCIS — L-1A).
• H-2B: the cap for the first half of fiscal year 2027 was reached as of September 4, 2026 (USCIS — H-2B).
• Commercial drivers: an alert, based on an executive order of April 28, 2025, about English language proficiency for jobs that involve driving a commercial motor vehicle (USCIS — Temporary Workers).

We don’t summarize these alerts, because some are still before the courts. Check your category’s USCIS page, and ask an authorized legal helper what applies to you.

Step 6 — Before you sign: rights, family, your case

• Read “Know Your Rights.” If you apply for an H, J or TN visa, or certain domestic worker visas, you should receive the State Department’s pamphlet on your rights with your visa or at your interview, where a consular officer must confirm that you have read and understood it (State Department — Rights and Protections). You can read it online before you apply.
• Plan for your family. Spouses and children may qualify for dependent categories, such as H-4 or L-2 (USCIS — Temporary Workers). Whether they may work depends on the category; see spouses of visa holders.
• Get help with your own case. USCIS says you don’t need a representative to file with it; if you use one, only attorneys or accredited representatives (or certain law students or graduates they supervise) may represent you (USCIS — Avoid Scams). See free immigration legal help.
• After you arrive, see your first 30 days on a work visa and finding a job.