US Work Visa FAQ
Attorney-reviewed answers about H-1B lottery and transfers, L-1A vs L-1B, EB-1A extraordinary ability, EB-2 National Interest Waiver, TN visas, and E-2 treaty investor. This FAQ aggregates the most common decision points from our US work visa articles.
This FAQ is for professionals and employers navigating US work visas: the H-1B lottery and transfer process, L-1 intracompany transfers, EB-1A extraordinary ability and EB-2 National Interest Waiver green cards, TN status for Canadian and Mexican professionals, and E-2 treaty investor visas. The questions reflect the most common complexities we see from applicants in USCIS forums and from our document review clients. Each answer has been reviewed by Denise Platter Cabrera, a licensed California attorney (CA Bar #298948), and draws on the Immigration and Nationality Act, 8 CFR regulations, and current USCIS adjudication guidance as of mid-2026.
Employment-based immigration rules continue to shift, with periodic H-1B cap registration changes, updated EB-2 NIW policy guidance from January 2025, and ongoing USCIS scrutiny of specialty occupation qualifications and staffing arrangements. The answers below reflect the current published rules. Processing times, fee schedules, and form editions change periodically, so you should verify the latest requirements on uscis.gov before filing.
The question list below covers the most frequently asked work-visa topics. For a deeper dive into any subject, the full articles below provide step-by-step filing guidance, document checklists, and the regulatory references that apply to each visa category.
How to use this FAQ
- Match the visa class to your facts (H-1B lottery vs L-1 vs self-petition EB categories vs TN vs E-2) on the work visas pillar before optimising for a single FAQ answer.
- Students bridging OPT to H-1B should also read the cap-gap guide and F-1 / OPT hub.
- Specialty-occupation, wage, and dual-intent facts change with USCIS policy — re-check uscis.gov and employer counsel before filing.
Is H-1B lottery selection the same as visa approval?
No. Lottery selection means your employer is permitted to file a Form I-129 petition on your behalf. It does not mean USCIS will approve the petition or that you will receive an H-1B visa. After selection, the employer must prove three things: that the job qualifies as a specialty occupation, that you meet the educational or experiential requirements for that occupation, and that the employer will pay the required wage. USCIS may issue a Request for Evidence (RFE) or deny the petition if any of these elements is not adequately documented. Selection is only the first step in a multi-stage process that includes petition review, possible RFE response, and, if abroad, consular visa issuance.
Can I start working for a new employer before my H-1B transfer is approved?
Under INA § 214(n), H-1B portability allows you to begin working for the new employer as soon as USCIS receives a non-frivolous I-129 petition, provided you were lawfully admitted, the new petition is filed before your current H-1B expires, and the new job is in the same or a similar specialty occupation. However, starting work before receipt confirmation is risky because you have no proof the petition was received. Travel while the transfer is pending is also risky; if you leave the US and the petition is denied, you may not be able to return. Many attorneys advise waiting for the receipt notice or even the approval notice before starting, especially if you have any history of status gaps or prior denials.
What is the difference between an L-1A and an L-1B visa?
The L-1A visa is for executives and managers being transferred to a US parent, subsidiary, affiliate, or branch office. The L-1B visa is for employees with specialized knowledge of the company's products, services, research, or procedures. Both require that you have worked for the foreign entity for at least one continuous year within the three years immediately preceding your admission to the US. L-1A holders can stay for up to 7 years, while L-1B holders are limited to 5 years. The L-1A is also a direct path to an EB-1C green card for multinational managers, whereas L-1B holders usually must go through PERM labor certification unless they qualify for a National Interest Waiver.
Do I need a job offer or labor certification for an EB-1A green card?
No. The EB-1A classification for aliens of extraordinary ability is a self-petitioning category. You do not need a job offer, labor certification (PERM), or employer sponsor. You must demonstrate sustained national or international acclaim in your field through evidence such as major awards, membership in selective associations, published material about you, original contributions of major significance, authorship of scholarly articles, high remuneration, or directing critical roles for distinguished organizations. The standard is high — you must show that you are in the small percentage at the very top of your field. Generic recommendation letters from colleagues are weak evidence; objective, third-party recognition carries more weight.
What is the Dhanasar framework for an EB-2 National Interest Waiver?
The Dhanasar framework, established in Matter of Dhanasar, sets out three prongs for an EB-2 National Interest Waiver: (1) the proposed endeavor has both substantial merit and national importance, (2) you are well positioned to advance the proposed endeavor, and (3) on balance, it would be beneficial to the United States to waive the job offer and PERM requirements. National importance is not the same as personal career benefit; your work must have potential prospective impact in a field of substantial intrinsic merit, such as public health, technology, or education. The January 2025 NIW policy update clarified that USCIS will evaluate the totality of the evidence and that entrepreneurs can qualify if they meet all three prongs.
Can Canadians and Mexicans apply for a TN visa the same way?
No. Canadian citizens can apply for TN status at a US port of entry or at a preflight inspection station, presenting a job offer letter, proof of qualifications, and evidence that the position is on the USMCA professional occupations list. A visa stamp is not required for Canadians. Mexican citizens must first apply for a TN visa at a US consulate abroad and cannot seek TN status at a port of entry without the visa. Both nationalities must show that the job requires a USMCA-listed professional occupation, that they hold the required degree or credentials, and that the employment is temporary. The TN is not a dual-intent visa; applying for a green card while in TN status can create complications.
What is the E-2 treaty investor visa and who qualifies?
The E-2 visa is available to nationals of countries that maintain a treaty of commerce and navigation with the United States. The applicant must have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide US enterprise over which they have operational control. The investment must be at risk — meaning the funds are committed and cannot be withdrawn without loss. There is no fixed dollar minimum, but the investment must be proportional to the business type — enough to ensure the enterprise's successful operation. The E-2 is a nonimmigrant visa without a direct path to a green card, although E-2 holders can pursue employment-based green card categories if they qualify. The treaty country list is published by the Department of State and changes periodically; verify your nationality qualifies before investing.
Can I switch from TN status to H-1B or a green card?
It is possible but requires careful timing because TN is not a dual-intent status. TN holders are admitted on the premise of temporary, non-permanent intent. Filing an I-140 immigrant petition creates a formal conflict with TN status because the I-140 signals immigrant intent. Entering the H-1B registration lottery is not itself an immigrant-intent filing (H-1B is dual-intent), but CBP officers at the border may scrutinize TN holders with pending H-1B petitions. One common strategy: time the H-1B lottery registration during the TN period, and if selected, file a change of status from TN to H-1B effective October 1 (the start of the H-1B fiscal year). Another approach: file an I-140 while maintaining TN status, then apply for adjustment of status once the priority date is current — but consular processing may be safer than adjusting from within the US while in TN status. Because TN-to-green-card strategies carry significant risk of TN renewal denial at the border, consult an attorney before filing any immigrant petition or permanent labor certification while in TN status.
Worked example: TN to H-1B to green card sequencing
Elena, a Canadian software engineer with a bachelor's degree in computer science, accepted a job at a Seattle tech company in 2025 and entered the US under TN status at a preflight inspection station in Vancouver. Her employer registered her in the March 2026 H-1B lottery — she was selected. The employer filed a change of status from TN to H-1B effective October 1, 2026. Between the lottery selection and October 1, Elena remained in TN status and did not travel internationally (re-entering on TN after an H-1B petition is filed can trigger questions about immigrant intent at the border). On October 1 her status automatically changed to H-1B — she did not need to leave the US or attend a consular interview.
During her second year on H-1B, her employer began the PERM labor certification process. Once the PERM was approved and the I-140 immigrant petition was filed, Elena's priority date was established. She filed I-485 adjustment of status when her priority date became current. The key strategic decision was using the H-1B lottery as the bridge from nonimmigrant TN to dual-intent H-1B — H-1B explicitly permits immigrant intent, so filing the PERM and I-140 while in H-1B status did not create a status conflict. TN holders who file for green cards without first transitioning to a dual-intent status risk denial of TN renewal at the border.
Official sources
Verify fees, forms, and eligibility on first-party government sites. FAQ answers are educational and not a substitute for a DSO, solicitor, or licensed adviser.
Procedural deep-dives
For statutes, checklists, and filing strategy, use these legal owners.
- US work visas hub
H-1B, L-1, EB categories, and TN overview.
- H-1B lottery explained 2026
Cap, registration, and selection process.
Where to go next
The full articles below cover each FAQ topic in depth, with USCIS policy references, document checklists, and step-by-step guidance for each visa category.
- US work visas guide — the complete cluster overview with H-1B, L-1, EB-1A, EB-2 NIW, TN, and E-2.
- H-1B lottery explained 2026
- H-1B transfer process
- L-1A vs L-1B comparison
- EB-1A self-petition guide
- EB-2 NIW guide
- TN visa guide
- Document checklist review service
- FAQ hub — all cluster FAQs
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