The United States Work Permits & Visas: Employer Guide to Types & Sponsorship

Who Needs a Work Permit in the United States?

Ensuring employees are authorized to work in the U.S. is an employer's responsibility. Foreign nationals who wish to work legally in the United States must obtain the appropriate work permit or visa. This applies to permanent employees, temporary or contract workers, interns, trainees, and seasonal workers. Non-compliance with work authorization requirements can result in severe penalties, including fines and legal action.

The Difference Between Work Permits and Work Visas in the United States

In the United States, the terms "work permit" and "work visa" are often used interchangeably in casual conversation, but they have distinct meanings within the legal and immigration framework.

Work Permits in the United States

In the U.S., a "work permit" typically refers to an Employment Authorization Document (EAD) issued by the U.S. Citizenship and Immigration Services (USCIS). The EAD is a card that grants certain non-citizens the right to work in the U.S. for a specific period, regardless of their visa status. It is not a visa itself but a document that authorizes employment for individuals who are already in the U.S. under specific immigration categories (this includes asylees, refugees, or those with pending adjustment of status applications). The EAD is tied to the individual’s immigration status and does not inherently allow them entry into the U.S.

Work Permits in the United States

On the other hand, a work visa is a type of non-immigrant visa that allows a foreign national to enter the U.S. for the purpose of temporary employment. Work visas are issued by the U.S. Department of State at U.S. embassies or consulates abroad and are associated with specific job types, employers, or purposes. A work visa grants both entry to the U.S. and authorization to work, though some visa categories may still require an EAD for certain employment scenarios.

Key Differences Work Permits vs. Work Visas

A work visa is a travel and entry document that often includes work authorization, while a work permit (EAD) is an internal authorization for employment for those already in the U.S. under another status. Not all work visa holders need an EAD, but some non-citizens in the U.S. (like those on student or dependent visas) may need an EAD to work legally.

Types of Work Visas in the United States

The U.S. offers various non-immigrant and immigrant work visas, each designed for specific employment categories.

H-1B Visa

The H-1B Visa remains the United States' primary work visa for professionals in specialty occupations that require a bachelor’s degree or higher, or its equivalent. Common job categories include engineers, physicians, software developers, data scientists, and financial analysts. The visa is employer-sponsored and allows foreign workers to live and work in the U.S. for an initial period of 3 years, which can be extended to a maximum of 6 years in most cases, with possible further extensions available under certain conditions (such as pending green card applications).

H-1B visas are subject to an annual cap of 85,000 -including 65,000 under the regular cap (with up to 6,800 set aside for H-1B1 from Chile and Singapore) and an additional 20,000 for individuals with advanced degrees from U.S. institutions. For FY 2026 (starting October 1, 2025), USCIS reached this cap in July 2025, with no additional selections planned.

Note that as of September 21, 2025, a new presidential proclamation requires a $100,000 fee for new H-1B petitions filed on behalf of beneficiaries currently outside the U.S., restricting approvals on petitions without this payment for 12 months. However, this does not apply to extensions, changes of employer, or those already in the U.S.

The H-1B visa is one of the most widely used options for filling high-skilled, hard-to-fill roles in competitive sectors, though the recent fee and ongoing modernization efforts (effective January 17, 2025) may impact hiring strategies for initial placements.

It offers a clear pathway to permanent residence (green card) and is commonly used by global companies, startups, and academic institutions.

💡 Best work permit option if: You are hiring a non-U.S. worker into a professional role requiring at least a bachelor’s degree, and you can sponsor the position under the H-1B cap process (factoring in the new $100,000 fee for new entrants from abroad).

H-1B1 Visa

The H-1B1 Visa is a subcategory of the H-1B, created exclusively for nationals of Chile and Singapore under bilateral free trade agreements. Like the H-1B, it is designed for professionals in specialty occupations that require a bachelor’s degree or equivalent.

The visa is valid for 1 year, but it is indefinitely renewable, which provides long-term flexibility without the constraints of the regular H-1B cap. It is also processed more quickly and without the numerical lottery system, making it attractive for qualifying employers and applicants.

The H-1B1 offers a faster and less competitive option for hiring skilled Chilean and Singaporean professionals, particularly when the standard H-1B cap is full.

💡Best work permit option if: You are hiring a Chilean or Singaporean citizen in a professional role and want a simpler, uncapped alternative to the traditional H-1B.

Learn More About The H-1B Visa Through Our HR Glossary

H-2A Visa

The H-2A Visa is designed for foreign nationals entering the U.S. to perform temporary or seasonal agricultural work. The visa is valid for up to 1 year, with the possibility of extensions up to a maximum of 3 years.

This visa is employer-sponsored and requires employers to demonstrate that there are not enough U.S. workers available to perform the agricultural labor. Employers must also provide housing and transportation, and pay prevailing wages for the industry and region.

The H-2A visa provides a legal and flexible solution to fill temporary agricultural labor gaps, particularly in farming, harvesting, or livestock operations.

💡Best work permit option if: You need to hire seasonal or temporary agricultural workers for time-sensitive farming activities and can meet the required compliance and housing standards.

H-3 Visa

The H-3 Visa is for foreign nationals coming to the U.S. to receive training in a specific field such as education, commerce, communications, or government, or to participate in a special education exchange program. It is not intended for productive employment, but rather for structured learning.

The visa is valid for up to 2 years for general training and 18 months for special education programs. Trainees must not displace U.S. workers and must demonstrate that similar training is not available in their home country.

The H-3 allows you to create a structured training program for foreign employees, preparing them for roles in international operations or company expansion efforts.

💡Best work permit option if: You are developing foreign talent through short-term, non-productive training programs with plans to transfer knowledge back to their home country.

L-1 Visa

The L-1 Visa is used for intra-company transfers of employees from a foreign office to a U.S. branch, affiliate, or subsidiary. It comes in two categories: L-1A for executives and managers, and L-1B for employees with specialized knowledge. The L-1A is valid for up to 7 years, while the L-1B is valid for up to 5 years.

To qualify, the employee must have worked for the foreign company for at least 1 continuous year within the past 3 years. The visa supports both temporary assignments and long-term relocation.

Employers benefit from streamlined processing and the ability to relocate existing team members, especially for strategic leadership or technical roles. Blanket L-1 petitions are also available for high-volume companies.

💡Best work permit option if: You are transferring experienced staff from global offices to U.S. operations in leadership or specialized roles without needing to recruit externally.

O-1 Visa

The O-1 Visa is issued to foreign nationals with extraordinary ability or achievement in fields such as sciences, arts, education, business, or athletics. It is initially valid for up to 3 years, with extensions available in 1-year increments.

Applicants must demonstrate sustained national or international acclaim, such as through awards, publications, or high-level professional recognition. The visa requires a U.S. sponsor or agent and is often used by employers hiring leading professionals for niche or highly visible roles.

The O-1 visa is a powerful tool to bring world-class talent to your team, particularly in sectors like tech innovation, film, music, or elite academia.

💡Best work permit option if: You are hiring a globally recognized expert or performer with significant professional credentials, and the role requires a distinguished track record.

Learn More About The O-1 Visa Here

P-1 Visa

The P-1 Visa is granted to internationally recognized athletes or members of entertainment groups coming to the U.S. to perform at a specific event, competition, or series of performances. It is typically valid for the duration of the event, up to 5 years for athletes, with the possibility of renewal in certain cases.

The visa requires proof of international recognition, such as rankings, awards, or international contracts. For entertainers, the group must be recognized internationally and have performed together for at least one year.

As an employer or agent, this visa allows you to bring in elite-level athletes or performance groups for sports seasons, tours, or engagements with significant media exposure or fan followings.

💡Best work permit option if: You are hiring international athletes or entertainers to participate in prestigious, scheduled events or tours in the United States.

P-2 Visa

The P-2 Visa is available to artists and entertainers participating in reciprocal exchange programs between U.S. and foreign organizations. It is typically valid for up to 1 year, based on the event or tour schedule, and is renewable if the activity continues.

This visa is only available through specific recognized bilateral exchange programs and requires sponsorship from a U.S. organization. Performers must have comparable qualifications to those involved in the reciprocal exchange.

This visa allows you to host foreign performers under cultural exchange partnerships, providing legal access to U.S. stages and audiences.

💡Best work permit option if: You are facilitating a cross-border exchange of performers as part of an established reciprocal program with a partner country.

P-3 Visa

The P-3 Visa is designed for artists or entertainers coming to the U.S. to participate in culturally unique programs or performances, including traditional music, dance, theater, or folk art. It is usually valid for up to 1 year, with renewals possible for continuing cultural events.

The visa requires a demonstration of cultural authenticity, evidence of sponsorship, and a detailed description of the event. It is often used by cultural institutions, music festivals, and nonprofit organizations promoting international cultural exchange.

This visa provides a legal framework to bring in international performers whose work highlights ethnic, folk, or traditional art forms.

💡Best work permit option if: You are organizing a cultural or heritage-focused program and need to bring in artists who represent unique traditions or ethnic heritage.

Q-1 Visa

The Q-1 Visa is used for participants in international cultural exchange programs focused on sharing traditions, history, or customs of the applicant’s home country. It is valid for up to 15 months and is often used by businesses or institutions that operate cultural training or education programs.

This visa requires the program to include structured cultural activities, combined with training or employment. A classic example is the “cultural representative” program used at international pavilions in theme parks.

This visa enables you to hire international staff for roles that involve interactive cultural engagement, particularly in hospitality, tourism, or entertainment.

💡Best work permit option if: You are running a structured cultural program or public exhibit and want to bring in foreign nationals to educate or interact with U.S. audiences.

E-1 Visa

The E-1 Visa is for treaty traders from countries with which the United States maintains a qualifying trade agreement. It allows foreign nationals to come to the U.S. to engage in substantial trade (goods, services, or technology) between the U.S. and their home country. The visa is valid for up to 2 years, and it can be renewed indefinitely.

To qualify, the applicant must be a citizen of a treaty country and be engaged in executive, supervisory, or essential skills roles. The business must show that over 50% of its trade is with the treaty country.

As an employer, this visa is valuable for relocating executives or key employees of international firms conducting regular trade with the U.S.

💡Best work permit option if: You are hiring foreign professionals from treaty countries involved in cross-border trade, particularly when establishing or managing a U.S.-based trading operation.

E-2 Visa

The E-2 Visa is for treaty investors from countries with qualifying investment treaties with the U.S. It permits foreign nationals to enter the U.S. to develop and direct a business in which they have made a significant investment. The visa is granted for up to 2 years, with indefinite renewals allowed.

To qualify, the investor must control at least 50% of the U.S. business and demonstrate that the investment is substantial, at risk, and capable of generating income beyond just personal support.

Employers use this visa to relocate founders, co-founders, or managing investors who are directly involved in operating the U.S. business.

💡Best work permit option if: You are hiring or relocating a foreign investor or entrepreneur with substantial capital invested in a U.S.-based business that they will actively manage.

E-3 Visa

The E-3 Visa is available exclusively to Australian nationals working in specialty occupations, similar to the H-1B. It is valid for up to 2 years, renewable indefinitely, and requires a bachelor’s degree or equivalent in a field related to the job. The E-3 category has an annual cap of 10,834, although it is rarely reached.

Employers must file a Labor Condition Application but are not required to go through the full H-1B petition process. The visa allows spouses to work and offers streamlined approval compared to the H-1B.

This visa gives you a dedicated channel to hire Australian professionals without H-1B lottery constraints.

💡Best work permit option if: You are hiring a qualified Australian citizen into a skilled professional role and prefer a faster, less restricted alternative to the H-1B.

TN Visa

The TN Visa is available to Canadian and Mexican citizens under the United States-Mexico-Canada Agreement (USMCA) (formerly NAFTA). It is valid for up to 3 years and can be renewed indefinitely. The visa is limited to specific listed professions, such as engineers, accountants, scientists, teachers, and medical professionals.

To qualify, applicants must have a valid job offer in an eligible occupation and meet the educational or licensing requirements.

The TN visa is a highly efficient way to hire skilled professionals from North America with minimal red tape and fast turnaround times.

💡Best work permit option if: You are hiring Mexican or Canadian professionals into listed USMCA occupations, and want a quick, renewable work authorization without a lottery or cap.

R-1 Visa

The R-1 Visa is for religious workers coming to the U.S. to work in a religious vocation or occupation for a bona fide nonprofit religious organization. It is valid for an initial period of 30 months, extendable to a maximum of 5 years.

The applicant must be a member of the religious denomination for at least two years prior to applying and must be entering the U.S. to perform religious duties (e.g., minister, missionary, music director, counselor).

This visa allows religious institutions to fill roles that are essential to their spiritual and operational mission.

💡Best work permit option if: You are a religious organization hiring ministers or faith-based workers for full-time religious service within your U.S. institution.

J-1 Visa (Certain Categories)

The J-1 Visa is a cultural and educational exchange visa that includes several work-based categories such as interns, trainees, au pairs, camp counselors, teachers, and research scholars. Duration depends on the specific program - typically 12 to 18 months for interns and trainees.

While some J-1 roles include work authorization, others are strictly educational or observational. Employers must partner with a designated program sponsor and ensure compliance with program requirements, including cultural and educational objectives.

The J-1 visa supports early-career talent development, global exchanges, and training programs.

💡Best work permit option if: You are hosting international interns, trainees, or educators through structured programs aimed at skill-building and cross-cultural exchange.

I Visa

The I Visa is reserved for representatives of foreign media, including journalists, film crews, editors, and production staff, working for organizations headquartered outside the United States. The visa remains valid for the duration of the assignment and can be renewed as long as the employment continues.

Applicants must prove that they are engaged in informational or news-gathering activities and not entering the U.S. for commercial purposes. It is not available to freelancers unless under contract with a foreign media outlet.

This visa ensures that foreign media professionals can legally enter and operate in the U.S. for news production and reporting.

💡Best work permit option if: You are a foreign media company assigning journalists or production teams to report or document events within the United States.

Work Permit Application Process in The United States (Step-by-step)

In The United States, the work authorization process usually centers on an employer-sponsored visa petition or an application for an Employment Authorization Document (EAD). While details vary by category (for example, H-1B, L-1, O-1, TN, or EAD), most cases follow a similar sequence of preparation, filing, and adjudication.

• Step 1: The employer identifies the appropriate visa or work authorization category based on the role, candidate qualifications, and business needs. This may involve comparing options such as H-1B, L-1, O-1, TN, or an EAD category and assessing eligibility, quotas, and timing constraints.
• Step 2: The employer gathers corporate and job-related documentation. This typically includes proof of the company’s good standing, financials where relevant, a detailed job description, salary information, and evidence that the role meets the criteria for the chosen category (for example, a specialty occupation for H-1B).
• Step 3: Where required, the employer completes labor-related steps with the U.S. Department of Labor. For H-1B and certain E-3 roles, this means filing a Labor Condition Application (LCA), and for many employment-based green cards it involves the PERM labor certification process to test the U.S. labor market.
• Step 4: The employer or authorized representative files the petition or application with U.S. Citizenship and Immigration Services (USCIS). This includes submitting the appropriate forms (such as Form I-129 or I-140), supporting evidence, and filing fees, and optionally requesting premium processing where available.
• Step 5: The foreign national completes consular processing or change-of-status steps. If outside the United States, they generally apply for a visa at a U.S. consulate, attend a visa interview, and then travel to the U.S.; if already in the country, they may request a change or extension of status where permitted.
• Step 6: Upon approval and entry or status change, the employee begins work in accordance with the authorized terms. The employer must complete Form I-9 employment verification, maintain required records (such as public access files for H-1B), and monitor expiration dates for timely extensions or transitions.

Requirements and Eligibility for a Work Permit

Eligibility for work authorization in The United States depends on the specific visa or EAD category, the nature of the job, and the worker’s background. Both the employer and the foreign national must meet category-specific criteria.

Common requirments inlcude:

• Evidence of a bona fide job offer in the United States. The role must be clearly defined, with duties, location, salary, and reporting structure, and it must align with the requirements of the chosen visa category.
• Proof that the position qualifies under the relevant visa classification. For example, H-1B roles generally require a bachelor’s degree or higher in a specific specialty, while O-1 petitions must show sustained national or international acclaim.
• Documentation of the foreign national’s qualifications. This often includes degrees, transcripts, professional licenses, resumes, and letters of experience to demonstrate that the candidate meets the educational and experiential requirements.
• Compliance with wage and labor standards where applicable. For categories like H-1B and E-3, the employer must pay at least the required wage and file an LCA with the Department of Labor, confirming that hiring the foreign worker will not adversely affect similarly employed U.S. workers.
• Maintenance of valid immigration status and admissibility. The worker must not be barred from entering the United States and must maintain lawful status if applying from within the country, including avoiding unauthorized employment.
• Complete and accurate filing of required forms and fees. USCIS and consular officers rely heavily on the information provided, so errors, omissions, or inconsistent information can delay or jeopardize approval.

Work Permit Processing Time in The United States

Processing times for U.S. work authorization vary significantly by visa category, government workload, and whether premium processing or expedited handling is available. Consular appointment availability and security checks can also affect overall timing.

The typical processing time for a work permit or visa in The United States can vary depending on the specific classification, the USCIS service center, and the U.S. consulate involved, as well as whether premium processing is used and how quickly supporting documents are prepared. Generally, you can expect the following timelines:

• Temporary Residence or Work Permit: For many employer-sponsored nonimmigrant petitions such as H-1B, L-1, or O-1, standard USCIS processing can range from 2 to 6 months after all documents are submitted, though premium processing (where available) can reduce the USCIS portion to 15 calendar days.
• Permanent Residence: Employment-based green card processes, including PERM labor certification, I-140, and adjustment of status or consular processing, can take 12 to 36 months or longer, depending on priority dates, country of chargeability, background checks, and the completeness of filings.
• Short-Term Business or Work Visas: Short-term categories such as B-1 for business visitors or certain TN and E-visa applications at consulates may be processed in 2 to 8 weeks, assuming timely consular appointments and straightforward eligibility for business meetings or short assignments.

Expected Processing Timeline: Employer vs Employee

While exact timelines differ by case, it is helpful to think of the process in weekly phases, from initial planning to the employee’s start date. Below is a typical high-level breakdown for a standard employer-sponsored petition.

• Week 1: Employer and immigration counsel confirm the appropriate visa category, collect basic role details, and outline a filing strategy and target start date.
• Week 2: Employer gathers corporate documents, drafts the job description, confirms salary, and the employee compiles personal documents such as passports, degrees, and resumes.
• Week 3: Where required, the employer files the Labor Condition Application or begins PERM-related steps, while the employee finalizes any missing evidence or translations.
• Week 4: Employer or attorney prepares and files the USCIS petition with supporting documentation and fees, and the employee prepares for potential consular processing.
• Week 5: USCIS issues receipt notices, and if premium processing is used, a decision may be made within about 15 calendar days; otherwise, the case remains pending.
• Week 6: If approved and consular processing is needed, the employee schedules and attends a visa interview, then plans travel and onboarding based on visa issuance and entry.
• Week 7: Employee enters the United States (if abroad), completes Form I-9 with the employer, and begins work in line with the authorized status and start date.

Who Does What During The United States Work Permit Sponsorship?

• Employers are responsible for: Defining the role, selecting the appropriate visa category, preparing and submitting the petition or application, paying required employer fees, and complying with wage, record-keeping, and notice obligations. They must also monitor status validity, initiate extensions on time, and respond promptly to any government requests for evidence.
• Employee is responsible for: Providing accurate personal information and supporting documents, attending biometrics appointments and consular interviews, and maintaining a valid passport and immigration status. They must also comply with the terms of their status, including working only for the authorized employer, in the approved role and location, and updating the employer about any material changes.

Work Permit Renewal Periods in The United States

Renewal or extension periods in The United States depend on the specific visa or status. For example, H-1B status is typically granted in up to three-year increments (with a general six-year limit, subject to certain exceptions), while L-1, O-1, TN, and E categories have their own maximum validity and extension rules, and EADs are often valid for one to three years depending on the category.

Employers and employees should begin extension planning several months before the current status expires to avoid gaps in work authorization, keeping in mind USCIS processing times and any consular appointment needs. Because practice may vary and rules can change, it is important to check current USCIS guidance, Department of State instructions, and, where relevant, seek advice from qualified immigration counsel.

What Are the Fees for a Work Permit or Visa in the United States?

The fees for work visas vary depending on the visa type.

Visa Requirements for Digital Nomads in the United States

The United States does not offer a specific visa for digital nomads. However, remote workers can use alternative options, such as the B-1 (Business Visitor) or B-2 (Tourist) visa. These visas allow limited business activities but do not permit employment for U.S.-based companies.

 
• B-1 Visa: For attending meetings, conferences, or consulting with business associates.
 
• B-2 Visa: Primarily for tourism, allowing stays up to 6 months, during which remote work for foreign employers is permissible.

To apply, digital nomads need a valid passport, completed Form DS-160, proof of financial means, and evidence of intent to return to their home country. It’s essential to comply with visa conditions to avoid legal issues.

Employer Compliance & Obligations in the United States

Employers in the United States often encounter obstacles during the hiring process. Addressing these challenges requires strategic planning and adaptation.

 
• Limited Applicant Pool: Many employers struggle to attract enough qualified candidates for open positions.
 
• Skill Gaps: Some applicants lack the specific skills or experience required for the role.
 
• Intense Competition: Competing employers may offer better incentives, making it difficult to secure top talent.
 
• Retention Difficulties: High turnover rates can lead to increased recruitment efforts.
 
• Unconscious Bias: Biases in the recruitment process may hinder diversity and lead to unsuitable hires.

Employers can mitigate these challenges by improving employer branding, offering competitive compensation, and implementing fair and unbiased hiring practices.

Hire Global employees without hassle with an EOR solution

Expanding your workforce across international borders is an exciting step, but it can be a logistical nightmare to hire and pay employees in different countries. That’s the advantage of using a trusted Employer of Record like Playroll. They can:

• Handle your international payroll: An EOR will act as your payroll provider, paying your employees on your behalf in the local currency. The company will also have in-depth knowledge of local tax codes, regulatory practices, and everything else that goes into managing global payroll.
• Alleviate compliance concerns: Different countries each have their own federal and local laws governing employee payments. An EOR helps ensure that you are compliant with the unique set of laws for any country in which your company operates. This is extremely important since a compliance slip-up can result in heavy fines or even a lawsuit.
• Hire and pay international contractors: Sometimes a particular project or role doesn’t require hiring a full-time employee. An EOR gives employers the flexibility to also hire contractors as needed, and avoid the potential for misclassification under local labor law.