An employment visa is a government authorization that lets a foreign national enter a country and work there, usually for a specific sponsoring employer and for a limited time. In the United States, the term covers temporary work categories such as the H-1B, L-1, E-3 and TN. Rules, fees and processing change often, so this page reflects the position as of September 2026.
How employment visas work
Most employment visas start with a job offer. The employer (or, for some categories, the worker) files an application, and approval is tied to that job, that employer and a fixed period. Because of that, the visa category matters as much as the candidate's skills when you plan a hire. Requirements differ by country, and this page focuses on the US.
Main US employment visa types
- H-1B (specialty occupation): the job must need highly specialized knowledge and a bachelor's degree or higher in a directly related field, and the worker must meet one of four qualification routes, per USCIS.
- L-1A and L-1B (intracompany transferee): for employees moved from a foreign office of the same company group. The L-1A covers executives and managers, per USCIS.
- E-3: a category for Australian nationals.
- TN: a category for Canadian and Mexican citizens.
H-1B rules recruiters should know (as of September 2026)
- Duration: up to 3 years initially, with one extension of up to 3 more years, for a 6 year maximum, per USCIS.
- Annual cap: 65,000 new H-1B statuses a year, plus 20,000 more for beneficiaries with a US master's degree or higher. Universities, nonprofit research organizations and government research organizations are cap-exempt, per USCIS.
- Wage-weighted selection: DHS finalized a rule that weights cap registrations by the wage level offered (levels I to IV), published in the Federal Register on December 29, 2025. Fiscal year 2027 was the first cap season to use it.
- The $100,000 payment: a presidential proclamation effective September 21, 2025 required a $100,000 payment for certain H-1B petitions for beneficiaries outside the US without a valid H-1B visa, per USCIS. Its status is covered in the FAQ below.
Why it matters when hiring
Sponsorship changes your timeline, cost and candidate pool. Cap-subject H-1B roles depend on an annual registration process rather than a filing you can start on demand, so ask about work authorization early. Cap-exempt employers such as universities and research nonprofits can plan differently. Because the wage level you offer now affects H-1B selection odds, compensation and visa strategy should be decided together with immigration counsel, not after the offer is signed.
Common mistakes
- Treating every visa as the same: an L-1 or TN candidate has a very different path from an H-1B candidate.
- Assuming L-1 works for outside hires: the L-1A generally requires one continuous year of work for a qualifying organization abroad within the three years before entry, per USCIS.
- Quoting old fee news: the $100,000 rule has moved several times in 2026, so check the current USCIS notice before you promise a budget.
- Skipping the lawyer: eligibility depends on the job, the candidate and the employer, and counsel should confirm the category.
Frequently asked questions
How long can someone work on an H-1B?
Up to 3 years at first, extendable by up to 3 more, for a maximum of 6 years in total, according to USCIS.
Do employers have to pay the $100,000 H-1B fee right now?
Not at the moment. On June 8, 2026, a federal district court vacated the agency guidance implementing the payment, and on July 24, 2026 the First Circuit denied a stay, so DHS said it would comply while it considers next steps, per the USCIS H-1B FAQ (last updated July 28, 2026). A new proclamation signed on September 18, 2026 extends the policy through September 21, 2027, but Yale's international office notes it is unlikely to be enforced while the court order stands. The appeal is pending, and Yale's international office also notes that a separate federal court in another case has allowed the fee to stand, so confirm the current status before filing.
Can a company use an L-1 visa to hire someone from outside the company?
Generally no. The L-1A is for employees who have worked for a qualifying foreign parent, subsidiary, branch or affiliate for one continuous year within the previous three years, per USCIS. New external hires typically need a different category such as the H-1B.
