U.S. Visas for Work, Investment and Family
Whether you are a skilled professional, an investor, a founder, an artist or someone trying to join a partner, there is usually more than one route — and the right one depends on details most people cannot assess from the outside. This page sets out the main categories and what separates them.
The main visa categories
Each of these has its own page with the detail. The summaries below are to help you work out which one to read.
H-1B — specialty occupations
Employer-sponsored, for roles that genuinely require a degree. Subject to an annual cap and a lottery, so timing is fixed by the calendar.
L-1 — intracompany transfers
For moving an executive, manager or specialised employee from an overseas office. No cap, no degree requirement.
O-1 — extraordinary ability
For people with a demonstrated record at the top of their field. No cap and no lottery, but an evidence-heavy petition.
E-2 — treaty investors
For nationals of treaty countries investing substantially in a U.S. business they will direct. Renewable indefinitely.
EB-2 NIW — national interest waiver
A green card route you petition for yourself, with no employer and no labor certification, where the work is nationally important.
TN — Canadian and Mexican professionals
Treaty-based status for a closed list of professions. Fast for Canadians, but the role has to match the list exactly.
K-1 — fiancé(e) visas
For the fiancé(e) of a U.S. citizen, with marriage required within 90 days of arrival and adjustment of status afterwards.
All work visas
A fuller comparison of the employment-based categories and who each one suits.
Choosing between them
People often arrive assuming they need a particular visa because it is the one they have heard of. In practice the choice usually turns on four questions:
- Is there a sponsoring employer? The H-1B, L-1 and TN all need one. The O-1 usually does, though an agent can sometimes serve. The E-2 and EB-2 NIW do not.
- Is there a related company abroad? If so, the L-1 may be simpler than the H-1B, with no cap and no lottery to wait for.
- What is your nationality? The TN is limited to Canadians and Mexicans; the E-2 to treaty countries; the E-3 to Australians. This can open or close routes immediately.
- Is the goal temporary or permanent? Some categories are dual intent and sit comfortably alongside a green card case. Others, like the TN and E-2, do not, and the sequence has to be planned.
More than one route often works
It is common for someone to qualify for two or three categories, with quite different timelines and risk. Choosing well at the start is usually worth more than anything that can be done later.
How the process generally works
Work visa routes differ in the detail, but most follow the same shape.
1. Determine eligibility
Work out which category actually fits the job and the person’s qualifications. This is the step people most often skip, and the one that causes the most wasted expense.
2. Secure the offer or the underlying basis
Most employment categories need a U.S. employer willing to petition. Investor and self-petition routes instead need the investment or the record of achievement documented.
3. File the petition
The employer — or you, in a self-petition — files with USCIS, with supporting evidence and the filing fee. Some categories require a labor condition application or labor certification first.
4. Consular processing or change of status
If you are abroad, you apply for the visa at a U.S. consulate, usually with an interview. If you are already in the United States in valid status, a change of status may be possible instead.
5. Admission and start of work
Once the visa is issued or the status granted, work can begin — but not before, and not outside the terms of the petition.
How long it takes
Honestly, it varies more than most published estimates suggest. Processing depends on the category, the service center, whether premium processing is used, and your nationality — consular appointment availability differs enormously between posts.
Some categories also have fixed calendars that override everything else. A cap-subject H-1B can only be filed in a specific window each year, so missing it means waiting for the next one regardless of how strong the case is. Others, like the L-1 and E-2, can be filed at any time.
Do not rely on a general timeline for your own planning
Published averages are a poor guide to an individual case. Before you resign a job, sign a lease or book flights, get a realistic estimate for your specific category and post.
Where a lawyer makes a difference
Not every case needs a lawyer, and we will tell you when we think yours does not. Where representation tends to matter:
- Choosing the category. The most valuable work usually happens before anything is filed.
- Framing the role or the endeavour. Most refusals turn on how the job or the work was described, not on the underlying facts.
- Assembling evidence. Petitions succeed on documentation. Knowing what an officer will actually credit saves a great deal of effort spent on the wrong things.
- Responding to requests for evidence. An RFE asks a specific question, and answering that question precisely is what resolves it.
- Keeping status intact. Gaps, travel at the wrong moment and mistimed filings cause problems that are much harder to fix afterwards.
Want to know which category fits you?
Tell us about the role, the company and your background. We will tell you which routes are realistic and which are not worth pursuing.
Frequently asked questions
Do I need a job offer to work in the United States?
For most work visas, yes — the H-1B, L-1 and TN all require an employer. But not all routes do. The E-2 is based on your own investment, and the EB-2 national interest waiver lets you petition for yourself with no employer at all.
Can I apply for a work visa on my own?
In employer-sponsored categories the employer is the petitioner, so the filing is theirs to make. In self-petition categories such as the EB-2 NIW, you file for yourself.
Which visa leads to a green card?
Several can, but the paths differ. The L-1A leads relatively directly through EB-1C. The H-1B is dual intent, so a green card case can run alongside it. The EB-2 NIW is itself a green card route. The TN and E-2 need more careful planning because they are not dual intent.
What happens if my petition is denied?
It depends on the category and the reason. Options can include refiling with better evidence, appealing or moving to a motion, or switching to a different category. What you should not do is refile the same case unchanged.
Can my family come with me?
Generally yes. Most work categories have a dependent status for spouses and unmarried children under 21. Whether the spouse can work varies — L-2 and E-2 spouses can, H-4 spouses only in defined circumstances, and TD spouses cannot.
Do you work with people outside California, Florida and Puerto Rico?
Yes. Immigration law is federal, so we represent clients nationwide regardless of where you live.
The information on this page is general legal information about U.S. visa categories. It is not legal advice and does not create an attorney-client relationship. Eligibility rules, filing fees and processing times change frequently, and outcomes depend on the specific facts of each case. Past results do not guarantee or predict a similar outcome in any future matter. Please speak with a licensed attorney about your own situation.
Not sure which visa is right for you?
That is the most common reason people call us, and it is worth answering properly before anyone files anything. Consultations are free and confidential, and there is no obligation afterwards.