If you want to hire someone from outside the United States, the right visa depends mostly on the worker’s education, nationality, and existing relationship with your company. The main work visa options for employers are the H-1B, L-1, O-1, TN, and E visas, with green card sponsorship as the long-term path. Each has different eligibility rules, costs, and timing.

How do I sponsor an employee for a work visa?

To sponsor a worker, your business generally files a petition with USCIS on Form I-129, showing that the job and the worker fit a specific visa category. Once approved, a worker abroad applies for the visa at a U.S. consulate; a worker already in the U.S. may be able to change status without leaving.

Several categories also require a Department of Labor step first, such as a Labor Condition Application for the H-1B that commits you to paying at least the prevailing wage. Start by identifying which category fits, because that choice drives your cost, timeline, and paperwork.

What is the H-1B visa, and how does the lottery work?

The H-1B is for jobs in a “specialty occupation,” meaning roles that normally require at least a bachelor’s degree in a specific field, such as engineering, accounting, or IT. Most new H-1B employees are subject to an annual cap of 65,000, plus 20,000 for holders of U.S. master’s or higher degrees, filled through an electronic lottery each March.

Employers register each prospective worker online (currently $215 per registration). Only selected registrations may file a full petition, with employment generally starting October 1. Universities, their affiliated nonprofits, and certain research organizations are cap-exempt and can file year-round.

Starting with the lottery held in March 2026, USCIS uses a wage-weighted selection system. A registration receives one to four entries depending on which Department of Labor wage level (I through IV) the offered salary meets, so higher-paid positions have better odds. Lower-wage offers still participate but with fewer chances.

The H-1B allows up to six years in total (generally in three-year periods), with extensions possible beyond six years when a green card process is far enough along. The Department of Labor has also proposed raising prevailing wage levels for H-1B and green card cases; as of this writing, that proposal has not been finalized.

What is the $100,000 H-1B fee, and does it apply now?

A September 2025 presidential proclamation required a $100,000 payment for certain new H-1B petitions, mainly for workers outside the U.S. who do not already hold an H-1B visa. As of late September 2026, a federal court order blocks USCIS from collecting it, but the administration has extended the proclamation through September 2027.

In June 2026, a federal district court in Massachusetts vacated the government’s policy implementing the payment, and in July 2026 the First Circuit Court of Appeals declined to pause that ruling while the appeal continues. On September 18, 2026, the President issued a new proclamation extending the requirement for another year. Other challenges are pending in other courts.

The requirement, if enforced, has generally not applied to extensions, amendments, or changes of status for workers already in the U.S. This area has changed several times in recent months. Before filing any new H-1B petition, confirm the current rule with counsel; this is not a decision to base on an article.

What is the L-1 visa for intracompany transferees?

The L-1 lets a company transfer an employee from a related foreign office (a parent, branch, subsidiary, or affiliate) to its U.S. operation. The employee generally must have worked for the related foreign company for at least one continuous year in the past three years.

• L-1A is for managers and executives and allows up to seven years. It can also be a practical path to a green card for multinational managers.

• L-1B is for employees with “specialized knowledge” of the company’s products, processes, or procedures and allows up to five years.

There is no lottery or annual cap. Companies opening a new U.S. office can use the L-1, though the first approval is typically limited to one year, and USCIS will expect to see growth at renewal.

Who qualifies for the O-1 visa?

The O-1 is for individuals with extraordinary ability in the sciences, arts, education, business, or athletics, or extraordinary achievement in film and television. The worker must show sustained national or international recognition, generally through evidence such as awards, published work about them, high salary, or critical roles at distinguished organizations.

There is no cap or lottery, and there is no degree requirement, which makes the O-1 a useful alternative for talented candidates who miss the H-1B lottery. The initial period is up to three years, with one-year extensions available. The evidence package is demanding, so plan time to gather it.

What are the TN, E-2, and E-1 visas?

The TN is available only to Canadian and Mexican citizens working in professions listed in the United States-Mexico-Canada Agreement (USMCA), such as engineers, accountants, and scientists. It is granted in periods of up to three years with no overall limit, and Canadians can often apply directly at the border.

The E-2 treaty investor visa is for nationals of countries with a qualifying treaty who invest a substantial amount in a real, operating U.S. business, and for key employees of the same nationality. The related E-1 treaty trader visa covers companies whose trade is mostly with the treaty country. E status can generally be extended indefinitely while the business qualifies, but it does not lead directly to a green card.

What about seasonal and temporary workers?

The H-2B visa covers temporary non-agricultural jobs, such as landscaping, hospitality, and seafood processing, when the employer’s need is seasonal, peak-load, or one-time. It requires a temporary labor certification from the Department of Labor, and it is subject to an annual cap that is often reached quickly. Agricultural employers use the separate H-2A program, which has no cap.

Side-by-side comparison

“Dual intent” means the worker may pursue a green card without jeopardizing their temporary status.

What does a work visa cost the employer?

USCIS base filing fees for Form I-129 currently include $780 for an H-1B ($460 for small employers with 25 or fewer full-time employees and nonprofits), $1,385 for an L-1, $1,055 for an O-1, and $1,015 for E and TN petitions. Most employer petitions also carry a $600 Asylum Program Fee ($300 for small employers; none for nonprofits).

H-1B and L-1 petitions may carry additional fraud-prevention and training fees, and optional premium processing currently costs $2,965 for most I-129 and I-140 cases. Legal fees, the worker’s consular visa fee, and any visa integrity fee created by the 2025 reconciliation law are separate. Confirm the current amounts on the USCIS fee schedule before filing.

How do I sponsor an employee for a green card?

Most employer green card cases follow three stages: a labor certification through the Department of Labor’s PERM program, an immigrant petition (Form I-140) to USCIS, and then the employee’s green card application or consular visa interview. PERM requires testing the U.S. labor market to show no qualified, willing U.S. worker is available at the prevailing wage.

The process often takes years, and workers from high-demand countries such as India and China may face much longer waits under the State Department’s Visa Bulletin. Some workers can skip PERM, including L-1A-type multinational managers, people with extraordinary ability, and those who qualify for a National Interest Waiver. Many employers start the green card process early, while the worker is still in temporary status.

Workers who eventually become permanent residents can later apply for citizenship; see U.S. Citizenship: Are You Eligible to Naturalize? You can also learn more about our immigration services.

Frequently asked questions

Can I hire someone who is on a student visa?

Often, for a limited time. F-1 students may work on Optional Practical Training (OPT), and STEM graduates may qualify for an extension. Many employers use that window to enter the H-1B lottery.

Can a small business sponsor an H-1B worker?

Yes. There is no minimum company size, though USCIS will look for a genuine employer-employee relationship, a real job, and the ability to pay the required wage. Small employers pay reduced fees for some filings.

What if my candidate is not selected in the H-1B lottery?

Consider whether another category fits, such as O-1, TN, L-1, or E-2, or whether a cap-exempt role is possible. You can also register the candidate again the following year.

Can the worker’s spouse work?

It depends. Spouses of L-1 and E visa holders are generally authorized to work. H-4 spouses of H-1B workers can work only in certain cases, such as when the H-1B worker has an approved I-140.

Talk it through with us

Hiring across borders involves several moving parts, and the rules have changed often. We can help you compare options for a specific hire and handle the filings remotely, wherever your business is located.

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This article is general information, not legal advice. Reading it does not create an attorney-client relationship.