H-1B · L-1 · O-1 · TN · E-2 · I-129

Move to America to Work Temporarily

Visas that let you work in the U.S. for a set time. Most are sponsored by an employer, who files a petition for you.

Verified against official sources on 2026-10-25 Last verified: 2026-10-25

Core facts, form edition dates, fees and recent notices were checked against the official pages listed below on October 25, 2026. Sections marked 'Our guidance' are our own advice, not official text. Some official pages show older 'last updated' dates.

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Step 1 of 8

Overview

Temporary (nonimmigrant) work visas let you work in the U.S. for a limited time. In most categories your U.S. employer files Form I-129 with USCIS, and after approval you apply for the visa at a U.S. embassy or consulate if you are outside the U.S. Some categories have yearly limits, and some depend on your nationality. These visas do not give permanent residence, though some people later move to a green card.

Common categories

Descriptions from USCIS pages, checked October 25, 2026.

CategoryCodeNotes
Specialty occupation workers (needs a bachelor's degree or higher in a directly related field)H-1BAnnual cap of 65,000, plus 20,000 for U.S. master's degree holders. Cap petitions need a selected electronic registration. Up to 3 years, extendable to 6.
Employees of a multinational company moved to a U.S. officeL-1A / L-1BL-1A for managers and executives, L-1B for specialised knowledge. Generally at least one continuous year of employment abroad in the last three years.
Individuals with extraordinary ability or achievementO-1Requires sustained acclaim, with evidence. No annual cap.
Citizens of Canada and Mexico in professional occupationsTNOnly for Canadian and Mexican citizens, under USMCA.
Treaty investorsE-2For nationals of treaty countries who invest a substantial amount in a real U.S. business.
Seasonal agricultural and other temporary workersH-2A / H-2BEmployer-driven, with labor certification steps.
Athletes and entertainers, and religious workersP / R-1Each has its own rules.

Step 2 of 8

Your route

Who qualifies

  • You have a U.S. employer or organization willing to sponsor you, in most categories.
  • You meet the category's own tests: for H-1B, a degree-level specialty job; for L-1, a qualifying job abroad with the same company group; for O-1, extraordinary ability; for TN, Canadian or Mexican citizenship and a listed profession.
  • For H-1B, the employer must first get a certified Labor Condition Application and, if cap-subject, a selected registration.
  • You are admissible to the U.S.

Which route may fit you?

A quick way to narrow it down.

1. Do you already work for a company that has a U.S. office?

  • Yes: Look at L-1. You generally need one continuous year of employment abroad in the last three years.
  • No: Look at H-1B, O-1, or TN if you are a Canadian or Mexican citizen.

2. Do you have a degree in a field that matches the job?

  • Yes: H-1B may fit. Most new H-1B petitions are subject to the cap and a registration selection.
  • No, but I have extraordinary achievements: O-1 may fit, with evidence of sustained acclaim.

3. Are you investing in a business?

  • Yes, and my country has a treaty with the U.S.: E-2 may fit. You need to invest a substantial amount in a real, active business.

Step 3 of 8

Forms

Required forms

USCIS edition dates and fees were checked on October 25, 2026. Always use the current edition from the official page.

I-129

Petition for a Nonimmigrant Worker

Filed by the employer for H-1B, L-1, O-1, H-2A/H-2B and other categories.

Fee: Varies by category. For example H-1B $780 paper · $730 online (USCIS)

Current edition: 09/09/26 (checked Oct 25, 2026)

What it does
Asks USCIS to approve you for temporary work in a category.
Who files it
The sponsoring employer or organization.
When
Before you apply for the visa. For H-1B cap cases, only after a registration is selected.

You will usually need

  • A certified Labor Condition Application (for H-1B)
  • Evidence of the job and your qualifications
  • Proof of the employer relationship (for L-1)
  • Evidence of achievements (for O-1)

Tip: Starting November 9, 2026, USCIS accepts only the 09/09/26 edition. The mailing location changed on October 7, 2026.

DS-160

Online Nonimmigrant Visa Application

Completed by the worker after petition approval, for those applying abroad.

Fee: $205 petition-based visa fee (State Department)

What it does
The online application for the visa.
Who files it
The worker, and each family member applying.
When
After the I-129 is approved.

You will usually need

  • Passport
  • Approved petition receipt number
  • Travel and work history

Tip: Print the confirmation page for your interview.

Step 4 of 8

Process

Step-by-step stages

  1. Employer registers (H-1B cap cases)Registration typically opens in March. Only selected registrations can file a petition.
  2. Employer files the labor documentsFor H-1B, a Labor Condition Application is certified by the Department of Labor first.
  3. Employer files Form I-129With USCIS, with evidence for your category.
  4. USCIS decides the petitionUSCIS may ask for more evidence.
  5. You apply for the visaIf you are outside the U.S., complete the DS-160 and attend a visa interview. If you are inside the U.S., a change of status may be possible.
  6. Enter the U.S. and start workH-1B start dates can be no earlier than October 1 for cap petitions.

Step 5 of 8

Costs and timing

Fees and official sources

Government fees as published by the agencies, checked on Oct 25, 2026. Fees change, so confirm on the official page before you pay. These are not Move to America's prices.

Paid to USCIS (Form I-129, paper · online)

FormWhat it is forFeeTiming
I-129 H-1B Specialty occupation petitionSmall employers and nonprofits: $460. Plus an Asylum Program Fee ($600 regular, $300 small, $0 nonprofit) and a $500 Fraud Prevention and Detection fee for initial H-1B petitions. $780 · $730 Not currently verified
H-1B registration Electronic registration, per beneficiaryPaid when the employer registers. $215 Not currently verified
I-129 L Intracompany transferee petitionSmall employers and nonprofits: $695. Plus an Asylum Program Fee and a $500 Fraud Prevention and Detection fee for initial L petitions. $1,385 · $1,335 Not currently verified
I-129 O Extraordinary ability petitionSmall employers and nonprofits: $530. Plus an Asylum Program Fee. $1,055 · $1,005 Not currently verified
I-129 E, TN, H-3, P, Q Other categoriesSmall employers and nonprofits: $510. Plus an Asylum Program Fee. $1,015 · $965 Not currently verified
H-1B payment Presidential proclamation paymentThe fee schedule lists it. A court order is in effect and DHS says it will comply while it considers next steps. Check the H-1B page. $100,000, unless an exception has been granted Not currently verified

Source: USCIS Fee Schedule, Form G-1055, edition 10/16/26

Paid to the U.S. Department of State

FormWhat it is forFeeTiming
DS-160 Visa application fee, petition-based categoriesPaid by the applicant. $205 Not currently verified

Source: Travel.State.Gov, Fees for Visa Services

  • USCIS says a request without the correct fee will be rejected, and cash can never be used for a filing or biometric fee.
  • Some applicants can ask USCIS for a fee waiver using Form I-912, but not for fees required under Public Law 119-21.
  • Medical exams, translations, passport photos and document copies cost extra.
  • Move to America's own charges ($2 per eligibility assessment, and optional community membership) are separate from every fee above.
  • Employers may also owe other fees, including the 9-11 Response and Biometric Entry-Exit Fee, and a Public Law 114-113 fee for some H-1B and L-1 petitions. Check the fee schedule.

Processing times

Processing times depend on the category, the USCIS service center and the consulate. We have not verified any current figures for Form I-129, so we show none. For H-1B, the timing also depends on the registration selection.

Not currently verified

See all stages and USCIS averages

Step 6 of 8

Avoid mistakes

Common mistakes and red flags

Our guidance, not official text

  • Assuming you can apply for most work visas yourself. In most categories the employer files
  • Missing the H-1B registration window (typically March)
  • Filing an old edition of Form I-129 after November 9, 2026
  • Not having evidence for every element of the category, such as O-1 acclaim or L-1 employment dates
  • Starting work before approval
  • Misunderstanding the H-1B $100,000 payment. Read the current notice

Frequently asked questions

Can I apply for an H-1B on my own?

No. USCIS says the employer or its agent files Form I-129.

How long can I stay on an H-1B?

USCIS says generally up to 3 years initially, extendable to 6 years in total, with some exceptions.

Is there a limit on O-1 visas?

USCIS says there is no annual cap for the O-1 category.

Who can use the TN?

Only citizens of Canada and Mexico, in listed professions.

Step 7 of 8

What changed

Official notices that may affect temporary work cases. Checked on October 25, 2026. Rules change often, so open the source before you act.

  • Sep 21, 2026 · USCIS

    H-1B $100,000 payment: court order in effect, case continues

    USCIS says a September 19, 2025 proclamation requires an additional $100,000 payment for certain H-1B petitions filed on or after September 21, 2025. On June 8, 2026 a federal court in Massachusetts vacated the agency guidance, and on July 24, 2026 the First Circuit denied the government's request for a stay. DHS says it will comply while it considers next steps, and that it still plans to collect the payment if the order is lifted. The USCIS fee schedule still lists the payment, so read the H-1B page for the current position.

    Read the official notice (opens in a new tab)

  • Sep 9, 2026 · USCIS

    New 9-11 Response and Biometric Entry-Exit Fee for some H-1B and L-1 petitions

    A final rule effective September 9, 2026 requires covered employers to pay this fee on H-1B and L-1 petitions. USCIS describes covered employers as those with 50 or more U.S. employees where more than half are in H-1B or L-1 status, with some exceptions.

    Read the official notice (opens in a new tab)

  • Sep 9, 2026 · USCIS

    New Form I-129 edition

    USCIS says that starting November 9, 2026 it will accept only the 09/09/26 edition of Form I-129. Until then the 02/27/26 edition is also accepted.

    Read the official notice (opens in a new tab)

  • Oct 7, 2026 · USCIS

    USCIS mailing locations changed

    USCIS says the mailing location for several forms changed on October 7, 2026, with a grace period for forms postmarked on or before November 9, 2026. Check the form's page for the correct address before you mail anything.

    Read the official notice (opens in a new tab)

  • Jan 1, 2026 · White House / State Department

    Entry restrictions for nationals of listed countries

    A presidential proclamation effective January 1, 2026 suspends entry and visa issuance for nationals of 19 countries in full, and limits visas for nationals of 20 more. Use the lookup in the 'Entry restrictions by nationality' box below to check your nationality. The proclamation lists a small number of exceptions, and its text does not list one for immediate-relative or adoption immigrant visas.

    Read the official notice (opens in a new tab)

Entry restrictions by nationality

Check whether the January 2026 proclamation affects your nationality.

Full restriction

  • Afghanistan
  • Burma
  • Burkina Faso
  • Chad
  • Republic of the Congo
  • Equatorial Guinea
  • Eritrea
  • Haiti
  • Iran
  • Laos
  • Libya
  • Mali
  • Niger
  • Sierra Leone
  • Somalia
  • South Sudan
  • Sudan
  • Syria
  • Yemen

Travel documents issued or endorsed by the Palestinian Authority are also covered by the full restriction.

Partial restriction (immigrant visas, and B, F, M and J visas)

  • Angola
  • Antigua and Barbuda
  • Benin
  • Burundi
  • Cuba
  • Côte d'Ivoire
  • Dominica
  • Gabon
  • The Gambia
  • Malawi
  • Mauritania
  • Nigeria
  • Senegal
  • Tanzania
  • Togo
  • Tonga
  • Venezuela
  • Zambia
  • Zimbabwe

Immigrant visas only

  • Turkmenistan

Exceptions in the proclamation text

  • Lawful permanent residents of the United States.
  • Dual nationals travelling on a passport from a country that is not on the lists.
  • Holders of certain diplomatic and international organization nonimmigrant visas (A-1, A-2, C-2, C-3, G-1 to G-4, NATO-1 to NATO-6).
  • Certain athletes and teams, with support staff and immediate relatives, travelling for major sporting events as determined by the Secretary of State.
  • Special Immigrant Visas for U.S. government employees, and immigrant visas for ethnic and religious minorities facing persecution in Iran.
  • People who already held a valid visa on January 1, 2026. The proclamation says those visas are not revoked.
  • People already granted asylum in the U.S., and refugees already admitted.
  • Case-by-case national-interest exceptions can be granted by the Secretary of State or the Secretary of Homeland Security.
  • The proclamation text we read lists no exception for immediate-relative or adoption immigrant visas.
  • For Burundi, Cuba, Togo and Venezuela the text says entry stays limited as set out in an earlier proclamation (10949) and in this one, so check the State Department page for the exact visa categories.
  • We read the proclamation as published. It may have been amended since. Check the State Department page before you plan or pay for anything.

Presidential Proclamation 10998, effective 12:01 a.m. EST on January 1, 2026. Source: White House, text of the proclamation · State Department notice. Checked Oct 25, 2026.

Step 8 of 8

Get ready

Readiness checklist

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Official sources

The official pages and form instructions are the authority. If this guide differs, follow the official source.

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Move to America is an independent information and preparation service. We are not a government agency, not affiliated with USCIS or the U.S. government, and not a law firm. Nothing here is legal advice, and we cannot guarantee any visa or immigration outcome.