US work visas guide

The 5 most important things to know

• H-1B lottery selection is not approval. Selection only permits the employer to file Form I-129. The petition must still prove specialty occupation, wage, and maintenance of status. See USCIS H-1B guidance.
• H-1B portability under INA § 214(n) may allow starting work for a new employer upon USCIS receipt of a non-frivolous petition, but travel and paystub gaps create significant risk. Many attorneys advise waiting for the receipt notice before starting.
• The EB-1A extraordinary ability classification is self-petitioning — no job offer or PERM required — but the standard is high. You must show sustained national or international acclaim and membership in the small percentage at the very top of your field.
• The EB-2 National Interest Waiver requires proving substantial merit, national importance, and that you are well positioned to advance the proposed endeavor under the Dhanasar framework. Personal career benefit alone is insufficient.
• Canadians and Mexicans apply for TN visas differently. Canadians often use port-of-entry or preflight inspection without a prior visa; Mexicans generally need a consular visa first. The TN is not a dual-intent visa, and pursuing a green card while in TN status can create complications.

Choose your path

Pick the guide that matches your current situation. If you are a professional with a US job offer, start with the H-1B or L-1 guide. If you have extraordinary ability or a nationally important endeavor, the EB-1A or EB-2 NIW guides explain the self-petition process. If you are Canadian or Mexican, the TN guide covers the USMCA professional route. F-1 students on OPT should review the STEM OPT and NIW paths to understand the bridge from student status to permanent residence.

All guides in this cluster

• H-1B lottery results explained 2026 — registration, beneficiary-centric selection, filing windows, and what to do if you are selected or not selected.
• H-1B transfer between employers — portability under INA § 214(n), LCA requirements, I-129 filing, start dates, paystub gaps, and travel risk.
• L-1A vs L-1B intra-company transfer — choosing between executive, managerial, and specialized knowledge routes; one-year abroad requirement; and new-office L-1 rules.
• EB-1A self-petition guide — extraordinary ability criteria, evidence strategy, final merits review, and I-140 filing without a job offer or PERM.
• EB-2 NIW: National Interest Waiver — the Dhanasar framework, national importance standard, and self-petition strategy for advanced-degree or exceptional-ability applicants.
• TN Visa: Canadian & Mexican Pros — USMCA eligible professions, Canadian port-of-entry vs Mexican consular process, employer letters, and temporary intent.
• E-2 investor visa basics — substantial investment, treaty nationality, real and active business requirements, and non-marginal enterprise standards.
• O-1A visa for extraordinary ability — science, education, business, or athletics criteria; US petitioner requirement; consultation letters; and itinerary.
• F-1 cap-gap explained — the bridge from OPT expiry to H-1B start date for timely filed change-of-status petitions, including I-20 proof and denial risk.
• US Work Visa FAQ — attorney-reviewed answers on H-1B lottery vs approval, portability, L-1A vs L-1B, EB-1A self-petition, the Dhanasar framework, and TN visas.

Common questions

The US Work Visa FAQ aggregates the most common questions from this cluster: whether H-1B lottery selection equals approval, whether you can start work before a transfer is approved, the difference between L-1A and L-1B, whether EB-1A needs a job offer, what the Dhanasar framework requires, and how Canadians and Mexicans differ on TN visas. Read the FAQ first if you need a quick answer; use the articles above for depth.

If your situation involves a prior denial, a status violation, or a complex corporate structure (such as a staffing agency or startup), the FAQ will orient you but cannot replace individual legal advice. In those cases, the document checklist review is the safest first step because it flags compliance risks before you file.

Templates that pair with this cluster

• I-983 training plan for STEM OPT — annotated template for the training plan required for STEM OPT extension.
• Cap-gap extension employer letter for H-1B — annotated template for an employer letter supporting F-1 cap-gap extension from OPT expiry to H-1B start date.

When to get help

Most work visa petitions are straightforward when the job description maps cleanly to the visa category and the employer has a clean compliance history. Complications arise with specialty occupation disputes, RFE histories, or complex organisational structures. If any of those apply, get a document checklist review before filing. It is cheaper than an RFE response or a denial.