Work in the United States

In most employment-based nonimmigrant categories, a U.S. employer or qualified requestor must file a petition on your behalf with USCIS. You cannot self-petition unless the classification allows it.

If you seek to work for a U.S. company, confirm whether a petition is required before you apply for a visa or seek entry. Failure to obtain the required employer petition before applying for a visa or admission can result in denial.

When a Petition Is Required

For the [H-1B Specialty Occupation Visa](/en/united-states/visas/H-1b visa), your employer must submit Form I-129 to USCIS. The petition must include details about your job duties and your qualifications that meet H-1B requirements.

You must provide supporting documents such as:

• Proof of citizenship
• A job offer letter
• Educational qualifications
• Evidence relevant to the H-1B classification

If you change employers under H-1B portability, your new employer must file a non-frivolous Form I-129 petition before you begin work.

For the [L-1A Intracompany Transferee (Manager/Executive)](/en/united-states/visas/L-1a visa) and [L-1B Intracompany Transferee (Specialized Knowledge)](/en/united-states/visas/L-1b visa) classifications, your employer files the petition.

If you apply under L-1B, you must show you possess specialized knowledge of the company’s product, service, or processes.

For the [O-1 Extraordinary Ability Visa](/en/united-states/visas/O-1 visa), a U.S. employer or qualified requestor generally files the petition. You must provide evidence demonstrating extraordinary ability or achievement. In motion picture or television cases, you must show nationally or internationally recognized extraordinary achievement.

Meeting the listed criteria does not guarantee approval.

When Sponsorship May Be Different

Under the TN NAFTA/USMCA Professional Visa, your profession must appear on the USMCA list. You must meet the specific conditions tied to that status and provide documentation showing your qualifications and job offer.

Key Filing Steps

If your category requires a petition, follow this sequence:

1. Confirm eligibility – Review the classification requirements and ensure your job and qualifications match.

2. Gather documentation – Collect identity documents, proof of citizenship, job offer letters, and evidence supporting the specific visa category. Include civil documents such as birth or marriage certificates when required.

3. Employer files Form I-129 – Your employer submits the completed petition to USCIS with supporting evidence.

4. Track processing – Check processing time frames on the USCIS website.

Missing or incorrect documents, including civil records, can delay or derail your case.

After USCIS approval, you may apply for a visa through the U.S. Department of State if required. Admission at the port of entry remains subject to inspection.

You must follow a structured process when applying for a U.S. work visa. USCIS reviews employment petitions, while the U.S. Department of State issues visas abroad.

Confirm the Correct Visa Classification

You and your employer must choose the correct category before filing. Common options include the H-1B Specialty Occupation Visa), L-1A Intracompany Transferee (Manager/Executive)), L-1B Intracompany Transferee (Specialized Knowledge)), O-1 Extraordinary Ability Visa), and TN NAFTA/USMCA Professional Visa. Each category has distinct eligibility standards, and filing under the wrong classification leads to delays or denial.

Secure Employer Sponsorship and Agreement Terms

Most employment-based visas require a U.S. employer to act as the petitioner. The employer must document the job offer through a written contract or clear summary of oral agreement terms. For classifications such as H-1B, the position must require a specific U.S. bachelor’s degree or higher in a specialty field.

Obtain Required Labor Certifications (If Applicable)

For H-1B specialty occupations and certain fashion models, the employer must first obtain a certified Labor Condition Application from the U.S. Department of Labor. The employer submits this certification before filing the petition with USCIS. Without it, USCIS will not approve the petition.

File the Petition with USCIS

The employer files the required petition with USCIS for classifications such as H-1B, L-1A, L-1B, O-1, or TN. processing times vary by classification. For example, as of January 2026, TN petitions show estimated processing times of 3.5 to 6 months, while some other Form I-129 categories range longer; always confirm current timelines on the USCIS website.

5. Apply for a Visa or change of status

If you are outside the United States, you apply for a visa through the U.S. Department of State after USCIS approves the petition. If you are already in the United States, you may request a change of status, if eligible. The Department of State controls visa interview scheduling and issuance.

Request Work Authorization (If Eligible)

Certain dependents, such as qualifying H-4 visa spouses, may apply for employment authorization by filing Form I-765 with USCIS if the principal worker has started the employment-based permanent residence process. If approved, USCIS issues an Employment Authorization Document (Form I-766) as proof of work authorization.

Temporary work visas can lead to lawful permanent residence if you plan early and document your employment history carefully. You must show consistent, qualifying employment and maintain valid status while you prepare the next step.

USCIS manages employment-based immigrant petitions and adjustment of status applications.

Moving From Temporary Status to Permanent Residence

Many professionals first enter the United States on visas such as the H-1B Specialty Occupation Visa), L-1A Intracompany Transferee (Manager/Executive)), L-1B Intracompany Transferee (Specialized Knowledge)), O-1 Extraordinary Ability Visa), or TN NAFTA/USMCA Professional Visa.

If your employer sponsors you for permanent residence, the process often includes a permanent labor certification filed with the Department of Labor’s Employment and Training Administration (ETA). The PERM system governs this step.

After certification, your employer files Form I-140 with USCIS. processing times for Form I-140 vary by eligibility category and service center.

Adjustment of Status Inside the United States

If you are eligible to remain in the country, you may apply for permanent residence without leaving by filing Form I-485, Application to Register Permanent Residence or Adjust Status.

Follow these steps in order:

Confirm eligibility.

You must have an approved immigrant petition and meet adjustment requirements under U.S. immigration law.

Prepare documentation.

Include biographical information, identity documents, and detailed records of your current and previous employment.

File Form I-485 with USCIS.

Submit complete and accurate forms to avoid delays.

Complete required medical and vaccination requirements.

Failure to complete the medical examination and vaccinations before your visa interview can delay approval.

Respond to USCIS requests.

USCIS may request additional evidence before making a decision.

Processing times for Form I-129 and Form I-140 vary depending on the visa category and service center.

Evidence and Employer Support

You must gather clear evidence of your employment and your relationship to the sponsoring organization. For intracompany transfers such as L-1A or L-1B, documentation must establish the qualifying relationship between entities.

If you work in a category connected to extraordinary ability, such as O-1 classifications, you must provide evidence showing the significance of your work. Supporting personnel may need documentation establishing the necessity of their participation.

Your long-term strategy should align your temporary status with a permanent category. Careful recordkeeping, accurate filings, and timely responses to USCIS protect your path to lawful permanent residence.

Working in the United States involves more than securing a job offer.

You must budget for government filings, supporting documents, and tax obligations that begin once you earn U.S.-source income.

Your employer often leads the petition process. Still, you remain responsible for understanding the financial steps and risks.

Petition and Filing Costs

Most employment-based categories require your employer to file a petition with U.S. Citizenship and Immigration Services (USCIS).

For classifications such as the H-1B Specialty Occupation Visa), your employer must first obtain a certified Labor Condition Application (LCA) from the Department of Labor.

The LCA confirms that hiring you will not negatively affect the wages and working conditions of similarly employed U.S. workers.

After certification, your employer files Form I-129 with USCIS and includes:

• The certified LCA (if required)
• Supporting evidence of your qualifications
• Required government filing fees

For employment-based immigrant cases that require labor certification, the filing date with the Department of Labor becomes your priority date.

After certification, your employer submits Form I-140, Immigrant Petition for Alien Worker, to USCIS with supporting evidence and required fees.

Visa categories such as the L-1A Intracompany Transferee (Manager/Executive)), L-1B Intracompany Transferee (Specialized Knowledge)), O-1 Extraordinary Ability Visa), and TN NAFTA/USMCA Professional Visa each require specific supporting documentation.

You must also maintain a valid passport with at least six months of validity beyond your intended travel date.

Evidence and Documentation Costs

You must provide civil documents and proof that you meet the category requirements.

For example:

• O-1A applicants must show national or international recognition in their field.
• O-2 visa applicants must prove they possess essential skills to support an O-1 artist or athlete.

Gathering records, translations, and official documents can create additional expenses.

U.S. Tax Obligations

Once you begin working, your income may fall into different tax categories.

You may earn both types in the same year. Each category receives separate tax treatment.

You must plan for federal tax withholding and confirm whether a tax treaty reduces the 30 percent rate.

Review guidance from the Internal Revenue Service and, if needed, consult a qualified tax professional before you begin employment.

When you work in the United States on a petition-based visa, your spouse and unmarried children under 21 may apply to accompany or follow you.

Their status depends on your approved petition and your period of stay.

Your U.S. employer or agent must first file Form I-129, Petition for a Nonimmigrant Worker, with U.S. Citizenship and Immigration Services (USCIS).

This applies to classifications such as the H-1B Specialty Occupation Visa), L-1A Intracompany Transferee (Manager/Executive)), L-1B Intracompany Transferee (Specialized Knowledge)), O-1 Extraordinary Ability Visa), and TN NAFTA/USMCA Professional Visa.

processing times vary by category.

As of January 2026, USCIS lists:

• H-1B (extension of stay): 7.5 to 8 months
• O-1 (extraordinary ability): 9.5 to 14 months

After USCIS approves the petition, your family members apply for visas through the U.S. Department of State if they are outside the United States.

Applying From Outside the United States

Your spouse and children must complete consular processing before travel.

The consular officer decides visa eligibility, and U.S. Customs and Border Protection determines admission at entry.

Follow this sequence:

Complete [Form

DS-160](/en/united-states/forms/ds-160) or DS-260, as instructed.

Petition-based categories such as H, L, and O generally fall under Department of State processing guidance for these forms.

Gather required documents.

This includes valid passports (at least six months beyond intended entry), two 2x2 photographs, and original or certified civil documents with translations if needed.

Prepare for the medical examination and interview.

The consular officer may determine that your family member qualifies for the visa after review.

Monitor the Visa Bulletin, if applicable.

Check priority dates when required.

Department of State processing times for petition-based visa applications (H, L, O, P, Q) range from 0.5 to 4.5 months as of February 2026.

Extending Stay in the United States

If your family is already in the United States, your spouse and children under 21 must file Form I-539 to extend or change their status.

File this before their current period of stay expires.

USCIS manages these applications.

Review current processing information and policies in the USCIS Policy Manual, including guidance on the Service Request Management Tool.

Practical Issues to Watch

Your underlying status controls your family’s status.

If your employment ends, review official guidance on options for nonimmigrant workers following termination of employment.

You should also consider tax classification.

Residency starting and ending dates, nonresident versus resident status, and dual-status rules can affect how your household files taxes.

Keep copies of all approval notices and civil documents.

You will need them for extensions, visa renewals, and future immigration filings.