United States – Work Permits and Working Legally

Do expats need a work permit to work legally in the United States?

Any foreign national who intends to work in the United States must first secure the appropriate visa or work authorization. Unlike immigration frameworks in which employees manage their own paperwork throughout, the U.S. system is predominantly employer-driven for most temporary work categories. The typical path involves a prospective employer submitting a petition to USCIS on the worker’s behalf before any visa application can proceed.

There are meaningful exceptions to this rule. Green card holders have an unrestricted right to work for any employer without needing a separate authorization document. Those who possess the right combination of skills, professional background, and education may qualify to live and work in the United States on a permanent basis through an employment-based immigrant visa. Additionally, individuals who already hold certain nonimmigrant statuses — including H-1B, L-1, O-1, or E visa categories — are authorized to work as a condition of that status, with no separate document required.

If you are living abroad and wish to work in the United States, you will generally need to obtain a visa through the U.S. Department of State (DOS), unless your nationality qualifies you for a visa-free arrangement. In many instances, USCIS must first approve a petition before you become eligible to submit a visa application to DOS or seek entry at a U.S. port of entry.

For individuals already present in the United States under a nonimmigrant status that does not carry work authorization, a separate route exists. These individuals are typically required to obtain an Employment Authorization Document (EAD) before taking up any employment. In most circumstances, holding an EAD grants the freedom to work for any employer in the country.

One notable regional arrangement is the TN visa category, which allows qualified citizens of Canada and Mexico to seek temporary admission to the United States for professional-level business activities under the framework of the USMCA (formerly NAFTA). A related pathway, the H-1B1 visa, is available exclusively to nationals of Chile and Singapore under their respective bilateral free trade agreements with the United States, offering a more streamlined route to professional employment.

What types of work permit are available in the United States?

The United States offers 11 temporary worker visa categories for nonimmigrants, five permanent employment-based immigrant visa preferences, and a standalone EAD for those already present in the country. The principal categories are described in the table below.

The H-1B visa is reserved for workers in specialty occupations — roles that generally demand at least a bachelor’s degree in a specific field, such as information technology, engineering, or medicine. These visas are subject to an annual ceiling of 85,000, which includes 65,000 under the standard cap (with up to 6,800 set aside for H-1B1 applicants from Chile and Singapore) and an additional 20,000 reserved for individuals who hold an advanced degree from a U.S. institution.

The H-2A programme allows U.S. agricultural employers to bring in foreign workers for temporary or seasonal farm work when there is an insufficient domestic labor supply. This category carries no annual numerical cap. The H-2B programme, by contrast, is capped at 66,000 visas per fiscal year, split across two periods. It covers non-agricultural seasonal roles such as those in the hospitality industry. Effective January 17, 2025, USCIS no longer considers an applicant’s country of nationality when assessing eligibility for the H-2A and H-2B programmes, meaning applicants from any country may now be considered.

The L-1 visa applies to employees being transferred within a multinational organization to a U.S. branch, parent, affiliate, or subsidiary. The role must be managerial, executive, or require specialized knowledge. Like intracompany transfer routes in other countries, the L-1 does not require a labor market test, but the employee must have worked for the overseas entity for at least one of the preceding three years.

Many nonimmigrant visa applicants must demonstrate that they intend to return to their home country when their authorized period ends, unless they hold a category recognized as allowing “dual intent” — such as the H-1B or L-1 — which permits the pursuit of permanent residence while retaining nonimmigrant status. For those seeking to settle permanently, the employment-based immigrant visa system provides five preference categories, commonly referred to as EB-1 through EB-5. Together with their spouses and children, qualifying workers may compete for roughly 140,000 employment-based green cards issued each year.

How do you apply for a work permit in the United States, and how long does it take?

The application process differs depending on whether you are pursuing a work visa from outside the United States or seeking an EAD from within the country. In contrast to systems where the employee independently handles all paperwork, the U.S. employer-sponsored visa route requires the employer to initiate the formal process. For most temporary worker visa categories, the employer must file and receive approval of a petition before the foreign worker can take any further steps.

For employer-sponsored temporary work visas such as H-1B, L-1, and O-1, the process generally proceeds as follows:

1. Labour certification (where required): Some visa categories require an approved labour certification before a petition can be filed. In these cases — which include H-2A, H-2B, and certain permanent employment-based routes — the employer must first apply to the Department of Labor and demonstrate that no qualified U.S. worker was available to fill the position.
2. File Form I-129 with USCIS: The employer submits Form I-129, the Petition for a Nonimmigrant Worker, to USCIS. Adjudicators review the petition to determine whether the proposed role and the worker’s credentials satisfy the requirements of the relevant visa category.
3. Receive Notice of Approval (Form I-797): Upon approving the petition, USCIS issues a Notice of Action — Form I-797 — to the employer. This document confirms the classification but does not in itself authorize the foreign national to enter the United States.
4. Apply for a visa at a U.S. embassy or consulate: The applicant fills out the online Nonimmigrant Visa Application (Form DS-160) and prints the confirmation page to bring to the appointment. The visa application is then lodged at the U.S. embassy or consulate serving the applicant’s home country.
5. Attend a visa interview: An in-person interview is generally required, though limited exceptions may apply. Consular officers retain the discretion to require an interview from any visa applicant.
6. Enter the United States: Upon arrival, the applicant must present themselves to a U.S. Customs and Border Protection (CBP) officer and receive formal permission to enter and engage in the intended activity. Holding a visa does not guarantee admission — final authority rests with CBP at the port of entry.

For those already inside the United States who need an EAD, the procedure is considerably more straightforward. Applicants can create a USCIS online account and submit Form I-765 electronically. Alternatively, a paper application may be submitted by mail if preferred.

Once USCIS approves a Form I-765, the physical EAD card is typically produced within two weeks and mailed to the applicant via U.S. Postal Service Priority Mail. Overall processing times vary depending on the applicant’s category and current USCIS workloads; the official USCIS website publishes up-to-date processing times broken down by case type.

For H-1B applicants, the annual lottery introduces a significant element of uncertainty. For FY 2026 (commencing October 1, 2025), USCIS reached the cap in July 2025 with no further selections planned. Premium processing is available for certain petition types; effective March 1, 2026, USCIS implemented a new fee schedule for Form I-907 (Request for Premium Processing Service), following publication on February 27, 2026. Premium processing guarantees a decision within 15 business days for eligible categories. Since these fees are revised periodically, always confirm the current amount directly on the USCIS website before filing.

The most common causes of processing delays include incomplete documentation, Requests for Evidence (RFEs) issued by USCIS, backlogs at consular posts for interview scheduling, and — for H-1B applicants — failure to be selected in the annual lottery.

What documents do expats need to apply for a work permit in the United States?

The specific documentation required varies by visa or permit category. The following is a general overview. Always confirm the current requirements with USCIS or the relevant U.S. embassy or consulate, as these may change.

Documents the applicant typically needs to provide:

• A valid passport with at least six months of remaining validity beyond the proposed period of stay
• The completed visa application form — Form DS-160 for nonimmigrant visa applicants, or Form I-765 for EAD applicants
• Passport-style photographs that comply with U.S. photo specifications
• A copy of the employer’s approved petition (Form I-797, Notice of Action) for employer-sponsored visa categories
• Academic qualifications, degrees, and transcripts — particularly for H-1B, EB-2, and EB-3 categories
• Relevant professional licenses or certifications related to the intended position
• Evidence of prior work history, such as employment letters, pay stubs, and contracts
• A signed copy of the job offer or employment agreement
• Evidence of ties to the home country (for non-dual-intent visa categories, to demonstrate an intention to depart the U.S. upon visa expiration)

Where the intended role requires a professional license — such as positions in the healthcare sector — the applicant must be able to demonstrate that all necessary licenses or certifications are already in place and would permit immediate employment.

Documents the employer typically needs to provide or file:

• A completed Form I-129 (Petition for Nonimmigrant Worker) accompanied by the required supporting evidence
• Documentation establishing the company’s legal status and authority to conduct business in the United States
• A Labour Condition Application (LCA) certified by the Department of Labor, applicable to H-1B and related categories
• Evidence of the prevailing wage determination for H-1B petitions
• For labour certification cases processed through PERM: documentation of recruitment efforts and evidence of the unavailability of qualified U.S. workers
• Financial records or other evidence demonstrating the ability to pay the offered wage

For EAD applicants already residing in the United States, supporting materials will generally include evidence of the underlying immigration status or pending application, along with two passport-style photographs. Photographs submitted to USCIS must be unmounted and unretouched — that is, they must not be altered or digitally enhanced in any way.

What does a work permit cost in the United States?

The expense involved in obtaining legal work authorization in the United States depends substantially on the visa or permit category, whether the employer or the employee is responsible for a given fee, and whether the application is filed online or on paper. The U.S. system involves multiple government fees at various stages of the process, and some categories have undergone considerable changes in recent years.

EAD (Form I-765) fees (as of 2025): A standalone EAD application costs between $470 and $520 depending on whether it is filed online or on paper, with an additional $85 for biometrics when required. EADs filed concurrently with an Adjustment of Status application (Form I-485) cost $260, with no separate biometrics charge. Biometrics are not required in every case; USCIS will notify applicants when a fingerprinting appointment is necessary.

For certain categories — including asylum applicants, parolees, and Temporary Protected Status (TPS) holders — fees were restructured in mid-2025. As of July 2025, Form I-765 for these groups costs $550 for an initial EAD application and $275 for renewal or extension requests.

H-1B petition fees: Employers filing H-1B petitions are subject to the base Form I-129 filing fee along with several additional mandatory charges, including the ACWIA training fee and the Fraud Prevention and Detection fee. As of September 21, 2025, a presidential proclamation introduced a new $100,000 fee applicable to new H-1B petitions filed on behalf of beneficiaries who are currently located outside the United States. This additional fee does not apply to extensions, changes of employer, or petitions for individuals already present in the country.

H-1B employers are required to pay the sponsored worker at least the higher of: the wage paid to other employees with comparable experience and qualifications, or the prevailing wage for the occupation in the geographic area of employment. Importantly, certain employer-side H-1B fees — including the Fraud Prevention and Detection fee and the ACWIA training fee — are legally prohibited from being passed on to the employee. The Department of Labor restricts fee-shifting in a number of circumstances, so applicants should discuss with their employer what, if anything, they may be asked to cover.

Additional costs that may apply to any applicant include:

• The nonimmigrant visa application fee (MRV fee) paid to the U.S. Department of State — currently around $185 for most work visa categories (confirm the current amount at travel.state.gov)
• Document translation and notarisation expenses
• Medical examination fees, which are required for immigrant visa applicants
• Immigration attorney fees, which vary considerably depending on the case

Because fees are revised on a regular basis — USCIS published an updated fee schedule on February 27, 2026, including revised Form I-907 fees effective March 1, 2026 — it is essential to verify the current schedule at the official USCIS Fee Schedule (Form G-1055) before submitting any application.

Can expats change jobs or employers while on a work permit in the United States?

Whether a change of employment is possible depends heavily on the type of visa or authorization you currently hold. Unlike immigration frameworks where a work permit confers broad permission to work in any role, most U.S. employer-sponsored visa categories are tied to a specific employer and job function.

H-1B visa holders benefit from certain portability protections. Under H-1B portability provisions established by the AC21 legislation, an H-1B worker with a Form I-485 (Adjustment of Status) application that has been pending for at least 180 days may move to a comparable position with a new employer without forfeiting their place in the green card queue, provided a new H-1B petition is filed. For those not in the adjustment of status process, substantive changes — such as switching employers, relocating to a new worksite, or materially altering job duties — generally require an amended or new H-1B petition. In most cases, the worker cannot begin the new role until the applicable filing requirements have been satisfied and, where required, approval has been received.

L-1 visa holders are bound to their sponsoring employer and the specific corporate relationship between the overseas entity and the U.S. company. Moving to a different employer normally necessitates a new petition and, in most circumstances, a new visa stamp.

EAD holders generally enjoy the widest flexibility of any group. In most cases, an EAD grants the right to work for any employer in the United States, making it functionally similar to an open work permit as used in certain other countries’ immigration systems, where the holder faces no restriction to a single employer.

One significant recent change affects EAD renewal applicants: as of October 30, 2025, the 540-day automatic extension that previously applied to timely renewal filings has been eliminated for most categories. Workers in affected categories will lose their work authorization on the day their current EAD expires unless a new card has been issued by that date. F-1 OPT STEM applicants remain unaffected and continue to receive a 180-day extension; spouses of L and E visa holders are also excluded from this change.

H-1B workers who remain unemployed for more than 60 days risk being found out of status and required to depart the United States to obtain a new visa, a determination that also triggers the $100,000 H-1B fee. This makes prompt action around any job change critically important for H-1B holders.

What are the penalties for working illegally in the United States?

Performing work without proper authorization — or in violation of the conditions attached to an existing visa — carries serious repercussions for both the worker and the employing organization. U.S. immigration authorities treat unauthorized employment as a significant breach of law and pursue enforcement accordingly.

For the worker, consequences can include:

• USCIS may initiate removal proceedings against individuals found to have violated their immigration status by engaging in unauthorized work; if removed, the individual will be deported to their home country.
• Even a brief period of unauthorized employment can create a permanent bar to obtaining lawful permanent residence.
• Violations may result in visa revocation, monetary penalties, or denial of future immigration benefits.
• Foreign nationals on work or student visas who consider changing or extending their status must comply strictly with all conditions of their current status — including restrictions on employment — or risk jeopardizing any pending or future applications.

For employers, consequences can include:

• Civil fines for knowingly hiring or continuing to employ workers who lack authorization
• Criminal prosecution in cases where a pattern or practice of violations is established
• Where violations are identified, the Administrator of the Wage and Hour Division may impose civil monetary penalties calibrated to the type and severity of the infraction, and may also require payment of back wages owed to affected workers.
• Employers found to have committed certain violations may be barred from participating in the H-1B programme and other nonimmigrant and immigrant programmes for a period ranging from at least one year to as many as three years, depending on the nature of the offense.

Working on a visitor visa is strictly prohibited — and this prohibition extends to remote work performed for a foreign employer from within U.S. territory. This is a widespread misconception: entering the United States as a tourist and conducting paid work remotely for an overseas company is not permitted under U.S. immigration law.

Advances in data sharing and monitoring technology have made it increasingly straightforward for authorities to detect unauthorized employment. Tax records — such as a filed tax return or the receipt of Form 1099 — can flag unauthorized work activity to USCIS.

Where can expats find reliable and up-to-date information on work permits in the United States?

Given how frequently U.S. immigration policy and fee schedules change — particularly since 2024 — it is crucial to consult authoritative government sources rather than relying on third-party websites or online forums. The principal official resources are listed below.

• USCIS (U.S. Citizenship and Immigration Services): The primary federal authority for work permit and immigration petition matters. Visit uscis.gov/working-in-the-united-states for comprehensive guidance covering all work authorization categories, form downloads, and current processing time estimates.
• U.S. Department of State (DOS): Manages the visa application process at U.S. embassies and consulates around the world. Visit travel.state.gov for details on work visa categories and how to apply from abroad.
• U.S. Department of Labor (DOL): Oversees labour certification programmes and worker protections. Visit dol.gov for information on PERM labour certification, prevailing wage determinations, and the H-2A and H-2B programmes.
• USCIS Fee Calculator and Fee Schedule (Form G-1055): The official fee schedule is published at uscis.gov/g-1055. Use the USCIS Fee Calculator to confirm the correct fees before submitting any application, as amounts are updated frequently.
• USA.gov: Offers plain-language guidance at usa.gov/work-permit-ead covering EADs and the process for working legally in the United States.

For applicants living outside the United States, the U.S. embassy or consulate serving their country is the point of contact for visa interviews and locally specific processing requirements. Embassy websites frequently carry country-specific instructions as well as appointment scheduling tools. Find the relevant embassy page through usembassy.gov.

Exercise caution with unofficial websites that replicate the appearance of government portals or charge fees for forms that are freely available. USCIS forms are always downloadable at no cost from uscis.gov. If your circumstances are complex or unclear, consider engaging a licensed U.S. immigration attorney — particularly given the pace of recent and ongoing policy changes.

Frequently Asked Questions

Can I work in the United States while my work visa or EAD application is pending?

In the overwhelming majority of cases, you must wait until your authorization has been formally approved and the relevant document received before commencing any employment. Workers in most EAD categories lose their authorization on the day their current card expires and cannot work again until a new EAD is physically in hand. Some visa categories — including H-1B, O-1, and J-1 — confer work authorization as a condition of the visa status itself, meaning no separate card is needed. Always confirm your specific situation with USCIS or a qualified immigration attorney before starting work.

Does my spouse or partner get the right to work if I have a U.S. work visa?

This varies according to the visa category in question. H-4 dependents may be eligible to work if the principal H-1B holder has an approved Form I-140 or has obtained an H-1B extension beyond the standard six-year period. Spouses of L-1 and E visa holders may apply for an EAD that provides open work authorization. F-2 dependents — spouses and children of F-1 holders — are not permitted to work under any circumstances. Always review the rules that govern the specific derivative visa category before drawing any conclusions.

Is the H-1B lottery the only way to get a work visa for a professional role?

No. While the H-1B is the most commonly used route for professionals in specialty occupations, several alternatives exist. Depending on your qualifications and circumstances, you may be eligible for an L-1 (intracompany transfer), O-1 (extraordinary ability), E-1/E-2 (treaty trader or investor), TN (for Canadian and Mexican nationals), or an employment-based green card through one of the EB preference categories. Each pathway has its own set of eligibility requirements and, in some cases, numerical limits.

Can I apply for a green card while on a temporary work visa?

This depends on whether the visa category you hold is recognized as allowing “dual intent.” Categories such as H-1B and L-1 expressly permit holders to pursue permanent residence while maintaining valid nonimmigrant status. By contrast, categories such as H-2A, H-2B, and Q require clear evidence of temporary intent and do not accommodate the simultaneous pursuit of a green card. If you hold a dual-intent visa, your employer may file an immigrant petition on your behalf (Form I-140), initiating the permanent residence process.

Can I be self-employed or start a business in the United States on a work visa?

Certain visa categories accommodate self-employment. For example, individuals with extraordinary ability who qualify for an O-1A visa may file a self-petition, and E-2 treaty investors may run a business in which they have a substantial investment. However, the standard employer-sponsored categories — including H-1B and L-1 — do not permit self-employment arrangements. Operating or owning a business in the United States without the appropriate authorization constitutes unauthorized employment and can result in serious immigration consequences.

How long is a U.S. work visa or EAD typically valid for?

Validity periods differ by category. H-1B visas are normally issued for an initial three-year period and may be extended for a further three years. O-1 visas are initially granted for up to three years, with the option of one-year incremental extensions. H-2A status is tied to the certified period of need, typically up to one year, with extensions available for a cumulative maximum of three years. EAD validity is determined by the underlying immigration category. Always consult USCIS for the rules applicable to your specific visa type.

What is the difference between a work visa and an EAD?

A work visa — such as an H-1B, L-1, or O-1 — is a nonimmigrant visa affixed to the holder’s passport that authorizes entry into the United States for a defined employment purpose. An Employment Authorization Document (EAD) is a separate card issued by USCIS to individuals already inside the United States who fall within an eligible immigration category, allowing them to work while their underlying status is being resolved or finalized. Certain visa holders — most notably H-1B and L-1 workers — do not need an EAD because their entitlement to work is inherent in the visa status itself.

Can U.S. immigration violations affect my chances of getting a green card in the future?

Yes, and the potential impact is considerable. Even a brief period of unauthorized employment may permanently disqualify an individual from obtaining lawful permanent residence. Overstaying a visa by more than 180 days triggers a three-year bar on re-entry, while overstays of more than one year result in a ten-year bar; certain violations can lead to permanent inadmissibility. A removal order resulting from unauthorized employment can cast a long shadow over every subsequent visa and immigration application. Anyone uncertain about the implications of their current immigration status should consult a licensed immigration attorney before taking any action.