13.11.2025
Learn how to obtain a U.S. work visa: explore the different visa types, required documents, the selection process, and application costs. Terrana can help you select the right visa and ensure your documents are prepared flawlessly.
A U.S. work visa allows you to legally work for an American employer and earn income within the country. Work visas are divided into temporary (nonimmigrant) and permanent (immigrant) categories, with differences in length of stay, application procedures, quotas, and final status. To understand how to obtain a U.S. work visa, it is important to first coordinate the position and terms with your employer, verify qualification and wage requirements, and review the updated registration and fee rules effective in 2025. The Terrana team helps align your career goals with the appropriate visa options to avoid mistakes at the very beginning of the process.
U.S. work visas allow foreign nationals to perform paid work for a specific employer. Unlike tourist or student visas, they require an approved petition and confirmed working conditions. Temporary visa categories authorize employment for a limited period with the possibility of extension, while immigrant visas lead to permanent residence and eventually a Green Card. In all cases, the employer must comply with wage and labor regulations, and the applicant must prove their education, experience, and professional eligibility for the position.
These visas are nonimmigrant, meaning they do not automatically lead to permanent residency in the United States. They are issued for a specific position and time period. Key conditions include an approved employer petition and proof of a prevailing wage for the given region and occupation. Extensions are possible if the initial basis for employment remains valid and category limits are observed. After the contract ends, the worker must leave the country or change to another legal status.
These visas are designed for professionals with extraordinary achievements, advanced degrees, or specialized skills in high-demand fields such as engineering, medical technology, software development, bioinformatics, or sustainable energy. They are also available to executives of international companies and investors establishing businesses in the U.S. The result is obtaining permanent residence with the right to later apply for naturalization.
This visa category is intended for specialty occupations requiring a relevant university degree. It requires an approved Labor Condition Application (LCA) from the Department of Labor, an I-129 petition filed with USCIS, and a salary that meets the prevailing or actual wage level (whichever is higher). Since 2024–2025, the H‑1B lottery system is “beneficiary-centric,” meaning each candidate enters individually rather than through multiple applications submitted by different employers.
The H‑2A visa program is designed for temporary agricultural positions, while the H‑2B visa applies to non‑agricultural seasonal jobs. Employers must confirm a shortage of local workers and compliance with wage standards. Applicants must show relevant experience and a willingness to work on a seasonal schedule.
The L‑1 visa is intended for managers and specialists being transferred to a U.S. branch of their company. It requires proof of the relationship between the companies, confirmation of the applicant’s role and experience at the foreign office, and a clear justification for their position in the U.S.
This visa is designed for people who have demonstrated significant achievements in the sciences, arts, education, business, or athletics. Eligibility is established through awards, publications, leadership positions, invitations to prominent events, and notable contributions to their field.
These visas are for individuals or groups taking part in competitions, tours, or long-term projects, with eligibility based on international rankings and contractual agreements.
The TN visa is available to Canadian and Mexican citizens, E‑3 to Australians, and H‑1B1 to citizens of Chile and Singapore. These are simplified routes for professionals with relevant degrees and an offer from a U.S. employer, with their own quotas and procedures.
Among all U.S. work visas, the H‑1B is the most widely used and competitive. It covers professionals with higher education in IT, engineering, medicine, finance, and science. Therefore, the application and quota allocation rules for this category directly impact the international labor market and shape the perception of U.S. visa policy as a whole.
For most other U.S. work visas (such as L-1, O-1, or TN), quotas are either absent or minimal, and the application process is handled directly through the employer’s petition without a lottery. The exception is the seasonal H-2A and H-2B programs, where quotas are set by the government but allocated within specific industries and do not require electronic registration.
Thus, the H‑1B is the only work visa subject to a lottery, electronic registration, and a strict annual cap. Its application process differs from other visas and sets the standard for the entire U.S. nonimmigrant visa system.
The annual quota includes 65,000 regular slots plus 20,000 reserved for U.S. master’s or PhD graduates. Due to high demand, an electronic registration and lottery system is used. Starting in 2025, employers must use an organizational account; each registration is tied to a specific beneficiary, reducing duplicates and increasing transparency.
Registration for the fiscal year which begins on October 1 usually opens in March. USCIS announces results in late March to early April, after which the window for filing petitions opens. Processing times range from a few weeks with Premium Processing to several months under standard processing, and filings may be submitted electronically through the employer’s account.
The company submits an LCA to the Department of Labor, confirming that it will pay the foreign employee at least the prevailing or actual wage for similar positions. The employer must also specify the terms of employment and work location, comply with notification requirements, and maintain a public access file.
After the LCA is approved, the employer submits Form I-129 with supporting documentation about the candidate and the offered position. The petition includes details such as employment agreements, job descriptions, evidence of education and experience, and proof that the position qualifies for the selected visa category. Once the petition is approved, the applicant attends a U.S. consular interview or, if eligible, changes status within the United States.
The total cost includes the H-1B lottery registration fee, consular fees, and petition filing charges. Since 2024, an Asylum Program Fee of $600 applies to Forms I-129 and I-140, paid by the employer. In 2025, the H-1B electronic registration fee increased, and an additional mandatory payment was introduced for new petitions. This new charge does not apply to current visa holders or extensions. Applicants and employers should confirm all costs before filing, as fees vary by visa type and may change under updated regulations. For the most recent information on payment rules and amounts, see the official updates here.
Employers generally cover expenses such as the LCA, petition filing, and mandatory fees related to hiring. Applicants typically pay for translations, medical insurance, consular fees, and travel costs. It is important for companies to allocate payments correctly — certain fees legally must be paid by the employer and cannot be transferred to the employee.
Foreign employees are informed of their labor rights, including the prohibition of passport confiscation and threats of deportation, the right to receive at least the stated wage, and access to labor protection authorities. Employers are required to comply with the employment terms specified in the LCA and petition.
In case of violations, you can contact the U.S. Department of Labor and relevant law enforcement agencies; the employer’s public access file, LCA, and contractual terms will be useful for preparing a complaint.
Employment-Based (EB) Immigrant Visas are one of the primary paths to obtaining a U.S. Green Card through employment. They allow foreign nationals to move to the U.S. for permanent residence, work without restrictions, and eventually obtain citizenship. Unlike temporary (nonimmigrant) visas, EB visa categories have no expiration date and do not require renewal as long as status is maintained. Each category has specific eligibility criteria, qualification requirements, and filing procedures established by USCIS and the U.S. Department of Labor (DOL).
The EB-1 visa is divided into 3 separate subcategories:
EB-1A (Extraordinary Ability) — for individuals with extraordinary achievements in science, business, the arts, sports, or education, proven through international recognition (awards, publications, membership in professional organizations, judging roles, or industry contributions). The main advantage is that applicants can file independently, without a job offer from an employer.
EB-1B (Outstanding Professors and Researchers) — for researchers and educators with international recognition and at least three years of experience. Applications must be filed through a U.S. academic or research institution.
EB-1C (Multinational Managers and Executives) — for senior managers transferred from an international company to a U.S. branch. Applicants must demonstrate managerial status, subordinates, and the company’s active operations.
Advantages of EB‑1: This category is considered one of the highest priorities, although processing times vary by case. The average processing time for I‑140 petition is approximately 6–12 months. With Premium Processing (additional fee), a decision can be received in about 15 calendar days. Additional benefits include the absence of a PERM labor certification requirement and the ability to file I‑140 petition and I‑485 (adjustment of status) simultaneously if visa numbers are available according to the visa bulletin.
This category is intended for professionals with an advanced degree (Master’s or PhD) or proven exceptional ability in science, business, or the arts. Most cases require a U.S. employer job offer and PERM labor certification to confirm no qualified U.S. workers are available for the position.
A special EB‑2 option is the NIW (National Interest Waiver), which waives the requirement for an employer. It is available to researchers, scientists, and entrepreneurs whose work has national importance for the United States — for example, in innovative technologies, medicine, education, or sustainable development.
EB-2 NIW visa applicants must prove:
That the project has national or economic significance for the United States — meaning it promotes the development of priority areas, strengthens the economy, enhances competitiveness, or creates jobs;
That the applicant is well positioned to advance the project, possessing sufficient experience, knowledge, and achievements;
That waiving the standard employer-based process will benefit the country by accelerating the implementation of a socially or economically significant project.
EB‑2 NIW is often seen as a bridge between academic achievements and entrepreneurial activity, as it allows for self-petitioning without being tied to a specific company.
The EB-3 category is divided into three main subgroups:
Skilled Workers — professionals with at least two years of work experience;
Professionals — individuals holding a Bachelor’s degree and performing work that requires higher education;
Other Workers — unskilled workers (for example, in service or agricultural sectors) for positions that cannot be filled by U.S. workers.
This category requires a job offer from an employer and PERM labor certification to confirm that no qualified U.S. workers are available for the position.
Processing times for EB‑3 are longer than for EB‑1 and EB‑2, as the category is lower in priority and subject to country-specific visa quotas. On average, the process from petition filing to obtaining a Green Card takes between 1.5 and 3 years.
The I-140 petition for EB-3 can be filed with the Premium Processing (additional fee), which provides a decision in approximately 15 calendar days. While this does not speed up the visa or Green Card issuance, it allows applicants to complete this critical stage more quickly and proceed to the next step of the process.
Thus, EB-3 remains a viable and reliable immigration method for mid-level specialists and in-demand professions, especially with a correctly chosen filing strategy.
The general process for all EB categories includes three steps:
PERM Labor Certification (if required) — confirmation from the Department of Labor that no qualified U.S. workers are available for the position.
Filing the I-140 Petition — verification of the candidate’s qualifications and eligibility for the selected category.
Obtaining the Visa or Adjustment of Status (I-485) — after the I-140 petition is approved, and the priority date becomes current.
Processing times depend on visa quotas and allocation by country of birth, according to the U.S. Department of State’s Visa Bulletin. For certain high-demand countries — such as India, China, and Mexico — waiting periods can last several years. For most other countries, there are currently no significant backlogs, and the process typically takes one to two years.
Thus, the EB‑1, EB‑2, and EB‑3 immigrant visa categories provide a structured pathway to permanent residence in the United States for professionals of all levels. Unlike temporary visas, they offer long-term benefits, including the freedom to choose an employer, the ability to bring family members, and the opportunity to apply for citizenship in the future. When selecting a category, it is important to consider not only education and experience but also strategy — whether to proceed through an employer, apply under the NIW, or transition from a nonimmigrant visa such as H‑1B or L‑1.
The optimal choice for executives and specialists transferred from a foreign office to a U.S. entity; ideal for launching or expanding business operations.
The H‑1B visa is intended for qualified professionals in IT, engineering, healthcare, science, and finance. Applicants must have a U.S. job offer, meet the education requirements for the position, and register within the specified period. The visa is issued for three years, renewable up to six, and may lead to permanent residency (Green Card) through EB categories.
If you have publications, awards, patents, investments, or significant contributions, the O‑1 visa allows you to obtain work authorization quickly, while the EB‑2 NIW provides a pathway to a Green Card without a required employer, provided the project demonstrates national importance.
The H‑2 visa provides a practical solution for temporary projects where employers need additional labor for a limited period. There are two subcategories:
H‑2A — for agricultural workers, including farmers, harvesters, greenhouse employees, and livestock workers.
H‑2B — for non-agricultural seasonal work, such as construction, hospitality, landscaping and maintenance services, and resort complexes.
The employer must demonstrate a shortage of local workers, provide housing and transportation to the worksite, and guarantee payment according to U.S. Department of Labor standards. The visa is generally valid for up to one year but can be extended to three years if the qualifying conditions continue to be met. Workers are required to return to their home country at the end of the contract, after which they may submit a new application. For nationals of countries on the annual eligibility list, participation depends on approval by the U.S. Department of State.
These visa categories are designed for professionals from countries that have entered into international agreements with the United States. They simplify employment procedures and allow for work authorization without participating in the standard H-1B lottery.
TN — for citizens of Canada and Mexico under the USMCA agreement (formerly NAFTA). Intended for professionals in designated occupations such as engineers, accountants, scientists, architects, healthcare workers, and educators. The application process is expedited: Canadian citizens often receive authorization directly at the border upon presenting a contract and proof of qualifications.
E‑3 — for Australian citizens. Requires a U.S. job offer and relevant higher education. Functionally similar to H‑1B, but with a separate annual quota of 10,500 visas and a simpler renewal procedure.
H‑1B1 — For citizens of Chile and Singapore. Also based on international agreements, it has separate limits and a simplified registration process.
In all three cases, visa processing takes less time than the standard H‑1B, and changing employers and extending the visa is allowed without participating in the annual lottery. These visas are especially convenient for professionals working under international contracts or planning rotations in U.S. subsidiaries.
A U.S. work visa is not just a travel document, but a tool for professional growth and legal employment in the world’s largest economy. In 2025, application requirements, fees, and quotas have become more demanding. Therefore, it is important to clearly define the purpose of your trip, choose the appropriate visa category, and secure a reliable employer in advance.
The path from selecting a visa to your first working day in the U.S. involves multiple formalities: verifying qualifications, filing the petition, attending the interview, and obtaining entry authorization. A mistake at any stage can cost months of waiting and the loss of a contract opportunity.
Terrana helps you navigate the process confidently — from selecting the appropriate visa type and reviewing your documents to consultation, filing, and interview preparation. We continuously monitor updates in U.S. immigration law and adjust our recommendations to meet current USCIS and Department of Labor requirements. If you are planning to build your career in the United States, start with the right visa that aligns with your goals and qualifications. Terrana will help you manage the entire process safely, legally, and without unnecessary complications.
