A US work visa is a temporary worker visa tied to a job and, in most cases, to an employer petition filed with USCIS, and the State Department visa application fee is $205 for H, L, O, P, Q and R categories. The main routes are H-1B, L-1, O-1, TN and E, and the right one depends on your job, your employer and your nationality.
The United States has no single work visa. The State Department lists many temporary worker categories, each with its own rules, and most need an approved petition from a US employer before you can apply at a consulate. This guide explains the main categories, the steps from petition to entry, the fees, the H-1B rules that changed for 2026, what to bring to the interview and the mistakes that cause delays. The category and step details come from the State Department’s temporary worker visa page and fee page. The H-1B details come from the American Immigration Lawyers Association (AILA) and trade reports, because the public USCIS pages on those topics were not current. Rules for this visa change often, so confirm the current terms with USCIS and the State Department before you file. Foreign applicants need a valid national passport, and American readers who plan to hire or travel can start with our US passport guide.
What Is a US Work Visa?
A US work visa is a nonimmigrant visa that lets a foreign national work in the United States for a set period. It is different from a green card, which gives permanent residence.
Most US work visas follow the same pattern. A US employer files a petition. USCIS approves it. You then apply for the visa at a US embassy or consulate, and a Customs and Border Protection (CBP) officer decides your admission at the port of entry. The visa alone does not guarantee entry. Our guide on how to get an entry visa to the US explains the general application path, and this article focuses on work categories.
Some categories are not petition-based. The H-1B1 visa for professionals from Chile or Singapore, and the TN visa for Canadian and Mexican professionals, follow different steps. Check the State Department’s TN page for the exact steps for your nationality.
Which US Work Visa Category Fits You?
Your category depends on your occupation, your employer and your country. The table summarizes the main ones the State Department lists.
| Category | Who it is for | Petition needed |
| H-1B | Specialty occupation workers, usually with at least a bachelor’s degree or equivalent experience | Yes, Form I-129 |
| H-1B1 | Specialty professionals from Chile or Singapore | No, apply at the embassy |
| H-2A | Temporary or seasonal agricultural workers from designated countries | Yes |
| H-2B | Temporary or seasonal non-agricultural workers from designated countries | Yes |
| L-1 | Managers, executives and specialized knowledge staff transferred within a company | Yes |
| O-1 | People with extraordinary ability in science, arts, education, business or athletics | Yes |
| P | Athletes, artists and entertainers | Yes |
| TN | Canadian and Mexican professionals under USMCA | Different process, see the State Department TN page |
| E | Treaty traders and treaty investors | Different process |
The State Department also lists H-3 for trainees, Q-1 for cultural exchange participants and R for religious workers. The H-2 categories are limited to citizens or nationals of designated countries, with limited exceptions. If you plan a permanent move later, see our guide to the Canada work visa for how another country links a work permit to residence.
How Does the H-1B Work Visa Work?
The H-1B is the best-known US work visa, and it covers specialty occupations that normally need a bachelor’s degree or equivalent experience. Most new H-1B workers are counted against a yearly cap.
The cap is 65,000 regular visas plus 20,000 more for people with a US master’s degree or higher. Employers do not file directly in a cap year. They first register each beneficiary during a registration period, and USCIS selects registrations. For the FY 2027 cap, AILA reports a registration period of March 4 to March 19, 2026, and USCIS announced that it received enough registrations to reach the cap, including the master’s cap, with selected beneficiaries able to file from April 1, 2026.
A final rule published on December 29, 2025 and effective February 27, 2026 changed the selection method. AILA says it “will generally favor the allocation of cap-subject H-1B visas to higher-paid workers,” and registrations now require occupation codes and wage levels. That means pay now affects your chance of selection.
Not every employer is subject to the cap. Some petitions are cap-exempt, and extensions and changes of employer for people already in H-1B status are not counted as new cap cases. Ask your employer which rule applies to you.
What Is the $100,000 H-1B Payment?
A September 2025 presidential proclamation requires a $100,000 payment for certain new H-1B petitions, and courts are still deciding whether it can be collected. Employers should check current guidance before filing.
Reports say the payment applies mainly to new beneficiaries outside the United States who need consular processing, for petitions filed on or after September 21, 2025. Covered employers pay through pay.gov before filing Form I-129, and USCIS says it will deny a filing without proof of payment. The same reports list exemptions for extensions and change-of-employer petitions for workers already in H-1B status, amendments and rare national interest exceptions. The payment is on top of the usual H-1B filing fees.
The legal fight is not finished. AILA reports that one district court upheld the proclamation, while a later decision in State of California v. Noem vacated the fee and the First Circuit denied a request to pause that order. AILA also says USCIS aims to collect the fee if the order is lifted, and that briefing on the government’s appeal is expected to end on October 26, 2026. Because this can change within days, treat any number as unconfirmed and ask your employer or lawyer what applies on your filing date.
What Are the L-1, O-1, TN and E Options?
L-1 is for company transfers, O-1 is for exceptional talent, TN is for Canadian and Mexican professionals and E is for treaty traders and investors. Each avoids the H-1B cap or the lottery in its own way.
Here is how each works:
- L-1: The State Department says the employer must be a related branch, parent, affiliate or subsidiary, and you must have worked for that employer abroad for one year within the prior three years. Roles are managerial, executive or specialized knowledge. An L visa applicant under an L blanket petition also brings Form I-129S.
- O-1: For people with extraordinary ability or achievement in science, art, education, business or athletics, or international recognition in motion pictures or television. Certain support staff can qualify too.
- TN: For Canadian and Mexican professionals under the USMCA. The State Department keeps a separate page for it, and its visa fee is $185.
- E: For treaty traders and treaty investors. The visa fee is $315, and the State Department keeps a separate page for it.
If your plan is to study in the US first and then work, read the study visa in USA guide, since many foreign workers start as students before an employer files a petition.
How Do You Apply for a US Work Visa?
Get an employer petition approved, complete the DS-160, pay the fee, book an interview and bring your papers. The State Department lists nine steps.
Follow these steps:
- Labor certification, if needed. In some categories the employer applies to the Department of Labor first.
- Petition. The employer files Form I-129 with USCIS.
- Approval. USCIS sends the employer Form I-797, the Notice of Action. Most applicants need this before they apply for the visa.
- DS-160. Complete the online application, print the confirmation page and upload a compliant photo.
- Fee. Pay the non-refundable $205 visa application fee if required. A reciprocity issuance fee may apply after approval, depending on your nationality.
- Interview. Book at the embassy or consulate where you live, using the receipt number from the I-129 or I-797. Wait times vary, so apply early.
- Documents. Gather the items listed in the next section.
- Interview day. A consular officer decides eligibility. Fingerprints are usually taken, and the case may go to administrative processing.
- Entry. CBP decides admission at the port of entry and may issue a Form I-94.
Our visa processing time calculator gives a rough idea of timing, and the State Department’s own wait-time tool shows your consulate’s current queue.
What Documents Should You Bring to the Interview?
Bring a passport valid at least six months beyond your intended stay, the DS-160 confirmation page and your petition receipt number. Bring any other proof your consulate asks for.
The State Department lists these items:
- A passport valid at least six months beyond your intended stay.
- The DS-160 confirmation page.
- The fee receipt, if applicable.
- A photo, if the upload failed.
- The petition receipt number.
- Form I-129S, if you are an L visa applicant under a blanket petition.
H-1B, H-2A and H-2B applicants should also read the Legal Rights and Protections pamphlet. Our visa documents checklist tool helps you keep everything in one place. If your passport is close to expiry, renew it first. Americans can use our passport renewal guide, and other nationalities should follow their own government’s process.
How Much Does a US Work Visa Cost?
The State Department visa application fee is $205 for H, L, O, P, Q and R visas, $185 for TN and $315 for E. Employer filing fees are separate.
The State Department fee page lists:
- H, L, O, P, Q and R visas: $205.
- TN and TD: $185.
- E visas: $315.
- K visas for a fiancé(e) or spouse of a US citizen: $265, listed for comparison.
- L blanket petition fraud prevention and detection fee: $500 for principal applicants.
- Certain blanket L-1 filings by large petitioners: $4,500.
A reciprocity or issuance fee varies by country, and the State Department points to its reciprocity tables. Employers also pay USCIS fees for the petition, and H-1B employers may owe the $100,000 payment described above. Check the USCIS fee calculator for the current amounts. For other US visa costs, see our guide to visa prices in the USA.
What Mistakes Delay or Sink a US Work Visa?
Applying before the petition is approved, using the wrong category and missing the interview documents are the usual causes. Plan each step in order.
- Booking an interview without the I-129 or I-797 receipt number.
- Choosing a category that does not match the job, such as H-1B for a role that needs no degree.
- Letting your passport run below six months of validity beyond your stay.
- Ignoring the cap timeline, since the H-1B registration period is short.
- Assuming a visa guarantees entry. CBP decides at the border.
- Relying on old fee or lottery rules, since H-1B selection and fees changed for 2026.
- Paying a middleman who promises a visa. Only employers file the petition.
When unsure, use the official source. The State Department’s page on temporary worker visas is the best starting point.
FAQs
What is a US work visa?
It is a nonimmigrant visa that lets a foreign national work in the United States for a set period. Most categories need an approved employer petition first.
Which US work visa is most common?
The H-1B is the best known. It covers specialty occupations that usually need a bachelor’s degree or equivalent experience, and it is subject to a yearly cap.
How much does a US work visa cost?
The State Department fee is $205 for H, L, O, P, Q and R visas, $185 for TN and $315 for E. Employers pay separate USCIS fees.
Do I need a job offer for a US work visa?
Usually yes. Most categories need an employer to file a petition. A few, such as H-1B1 and TN, follow different steps but still need a job.
What is the $100,000 H-1B payment?
A 2025 proclamation requires it for certain new H-1B petitions. Courts are still reviewing it, so check current USCIS guidance before filing.
Can I apply for a US work visa myself?
Mostly no. In most categories the employer files the petition. You complete the DS-160 and attend the interview after USCIS approves it.
Does a visa guarantee entry to the US?
No. CBP decides admission at the port of entry and may issue a Form I-94.
Conclusion
A US work visa depends on your job, your employer and your nationality, and most routes start with an approved employer petition. Pick the category that matches your role, pay the $205 State Department fee where it applies and bring your petition receipt and passport to the interview. Because H-1B selection and the $100,000 payment are changing, confirm current terms with USCIS before you file.
