Insights
US Work Visas for Employers: H-1B, TN, E-3 and O-1 Compared (2026)
Insights · By Chen ChunJie · Published 6 November 2026
To employ a foreign national who is not yet authorised to work in the US, a US employer usually has to sponsor a work visa. The main routes are the H-1B for specialty occupations, the TN for Canadians and Mexicans, the E-3 for Australians, the H-1B1 for Chileans and Singaporeans and the O-1 for people with extraordinary ability.
Last reviewed in November 2026 against USCIS, Department of Labor and State Department guidance. General information, not legal or immigration advice. Several H-1B rules are in court or under proposal, so check the current position before filing.
Which route fits which person
Nationality, qualifications and the role decide the options.
| Situation | Usual route |
|---|---|
| Green card or EAD holder | No sponsorship; complete Form I-9 |
| Canadian or Mexican professional in a USMCA-listed profession | TN |
| Australian in a specialty occupation | E-3 |
| Chilean or Singaporean in a specialty occupation | H-1B1 |
| Other degree-level professional | H-1B, through the March lottery |
| Person with extraordinary ability | O-1 |
| Transfer from your own company abroad | L-1, which needs your own US company |
How H-1B sponsorship works, step by step
- Check the role. It must be a specialty occupation needing a relevant degree.
- Register in March. The employer enters the person in the annual registration. Selection is weighted by wage level.
- Get the LCA. The employer files a Labor Condition Application with the Department of Labor and commits to the prevailing wage.
- File the petition. Form I-129 goes to USCIS from 1 April, with premium processing available.
- Get the visa. A person abroad applies at a US consulate; a person in the US may change status.
- Start work. Employment starts on 1 October, after Form I-9.
- Keep compliant. Pay the LCA wage, post notices at each work site and amend the petition if the job or location changes.
- Extend on time. H-1B status lasts up to three years at a time, six years in total.
What employers usually prepare
- A job description showing why the role needs a specific degree
- The offered wage and the prevailing wage level
- The person’s degree, transcripts and any credential evaluation
- Passport and current immigration status
- Evidence of the work and where it will be done
Sources: USCIS and Department of Labor.
Routes compared
| Route | Who | Cap and timing |
|---|---|---|
| H-1B | Specialty occupations | 65,000 plus 20,000; lottery in March, start on 1 October |
| TN | Canadians and Mexicans in listed professions | No cap; three-year periods |
| E-3 | Australians in specialty occupations | 10,500 a year; two-year periods |
| H-1B1 | Chileans and Singaporeans | 1,400 and 5,400 a year; one-year periods |
| O-1 | Extraordinary ability | No cap; up to three years at first |
| L-1 and E-2 | Intra-company transfers and treaty investors | Need your own US company |
The E-3 and H-1B1 also need a Labor Condition Application. The TN and O-1 do not.
2026 changes to watch
H-1B rules have moved quickly. Check the current position before filing.
- Weighted selection. From the FY2027 lottery, registrations at higher wage levels get more entries.
- US$100,000 payment. A presidential proclamation requires it for some new petitions for people outside the US. Several courts have ruled against it and appeals are pending.
- Proposed fees and wages. Further rules on H-1B fees and prevailing wages have been proposed but are not final.
- Visa interviews. Extra consular screening has lengthened waits in some posts.
Staffing firms and third-party work
- Bona fide job. The sponsor must have a real job for the person from the start date.
- Client sites. Where the person works at a client, the client’s requirements show whether the job is a specialty occupation, and the LCA must cover the work site.
- Who controls the work. If a client abroad in fact controls the person, the petition can fail. The sponsor should direct and supervise the work.
- Not through a third party. L-1 and E-2 visas are tied to the ownership of the employer.
Need a foreign national working in the US without your own company? See Expat Employment in the US.
Tax and payroll for foreign employees
Most visa holders pay Social Security and Medicare (FICA) like US workers. A person is a US tax resident once they meet the substantial presence test, broadly 183 days on a weighted three-year count, and nonresident aliens follow special withholding rules. Every hire also needs Form I-9 by the third business day. See our US employment law guide.
FAQ: US work visas
Can a foreign company sponsor a US work visa?
No. The sponsor must be a US employer. Without your own US company, see Expat Employment in the US.
When is the H-1B lottery?
Registration runs in March, petitions are filed from 1 April and work starts on 1 October.
Is there a faster route than the H-1B?
For Canadians and Mexicans the TN, for Australians the E-3, and for Chileans and Singaporeans the H-1B1, none of which uses the lottery.
Does the US$100,000 payment apply to every H-1B?
No. It targets some new petitions for people outside the US and is the subject of ongoing court cases.
Can a staffing company sponsor an H-1B?
Yes, if it has a bona fide job, pays the LCA wage and directs the work, including at client sites.
Can I use an L-1 without a US company?
No. An L-1 needs a parent, branch, subsidiary or affiliate in the US.
Need a foreign specialist working in the US?
We take on the work you define, and our Local Team sponsors where needed, then employs and manages the person. Tell us about the assignment.
Related
How we sponsor, employ and manage foreign nationals.
Hiring, pay, leave and termination rules.