There are three main U.S. federal agencies that deal with U.S. immigration law: U.S. Department of Homeland Security (DHS), U.S. Department of State (DOS) and U.S. Department of Labor (DOL).

DHS has three different units that handle various aspects of U.S. immigration law.

First, U.S. Citizenship and Immigration Services (USCIS) adjudicates immigration benefits requests, including nonimmigrant (temporary) petitions, immigrant (permanent) petitions by employers or family members, applications for permanent residence, work permit applications and applications for naturalisation (U.S. citizenship), among others.

Second, U.S. Customs and Border Protection (CBP) enforces U.S. immigration laws at the nation’s borders, including land, air and seaports. CBP screens noncitizens who seek entry into the U.S. and determines whether they will be granted entry.

Third, U.S. Immigration and Customs Enforcement (ICE) is charged with U.S. immigration and customs enforcement. ICE is responsible for identifying, arresting, detaining and removing noncitizens who are unlawfully present in the U.S. or who violate immigration laws. ICE also fights transnational crimes and prevents terrorism.

DOS operates U.S. embassies and consulates around the world, which issue nonimmigrant (temporary) and immigrant (permanent) visas to noncitizens. DOS is also responsible for publishing the monthly Visa Bulletin, which governs when applicants for permanent residence may file the final step of their green card applications.

DOL administers the Foreign Labor Certification programs, including the Labor Condition Application (LCA) that is required for H-1B, E-3 and H-1B1 nonimmigrant filings and the PERM process for employer-sponsored green cards. DOL publishes the OFLC Wage Search database that is used by employers to determine prevailing wages for LCAs. DOL also issues prevailing wages for PERM cases and reviews and adjudicates PERM applications.

There are two principal categories of U.S. immigration: nonimmigrants and immigrants. Nonimmigrants may only stay in the U.S. temporarily, and they may or may not be allowed to work here. Immigrants – who are also known as lawful permanent residents and green card holders – are permitted to reside and work in the U.S. permanently.

On the nonimmigrant side, the main categories of U.S. work visas include the H-1B, L-1, O-1, TN, E-3, H-1B1, E-1 and E-2.

The most commonly used nonimmigrant visa category is the H-1B, which is for specialty occupation positions that require at least a bachelor’s degree or its equivalent in a directly related field. The H-1B job offer must also satisfy the required wage, which is the higher of the prevailing wage for the occupation in the area of intended employment or the actual wage paid by the employer to similarly qualified workers in the position at the place of employment. There is an annual quota or ‘cap’ of 65,000 H-1B numbers available per fiscal year plus an extra 20,000 for holders of U.S. master’s or higher degrees. A worker may only hold H-1B status for up to six years total, with exceptions for certain workers who are in the employment-based green card process.

The L-1 visa is for intracompany transferees. Managers or executives (L-1As) and specialised knowledge employees (L-1Bs) who have worked abroad continuously for a subsidiary, affiliate or branch of the U.S. company (that is related by at least 50%) for at least one year out of the prior three years are eligible for L-1 status if they are transferring to the related U.S. entity to work in a managerial, executive or specialised knowledge capacity. The initial L-1 approval period is three years, and the L-1A may then be granted two extensions of two years each (for a total stay of seven years), while the L-1B may only be granted one two-year extension (for a total stay of five years). Certain larger companies may benefit from obtaining a ‘Blanket L,’ which is preapproval from USCIS for qualifying corporate relationships that exist between the U.S. companies and their foreign branches, subsidiaries and/or affiliates. The Blanket L allows applicants to apply directly for L-1 visas through a U.S. consulate abroad.

The O-1 visa is for persons of extraordinary ability or achievement in the arts, the motion picture or television industry, science, education, business or athletics. The O-1 petition may only be filed by the intended U.S. employer or a U.S. agent. A foreign national may not self-petition for O-1 status. The O-1 petition must be filed with a consultation – i.e. a written advisory opinion – from an appropriate U.S. labour and/or management organisation if there is one, or from a peer group with expertise in the field. The O-1 petition may be approved for up to three years and may be extended in one-year increments to continue or complete the same event or activity.

The TN visa is for Canadian or Mexican nationals who will work in the U.S. in a profession listed in the United States-Mexico-Canada Agreement(USMCA), which replaced the North American Free Trade Agreement (NAFTA). The list of professions includes graphic designers, economists, computer systems analysts, lawyers, management consultants, university teachers, engineers, technical publication writers, physicians (teaching or research only) and biologists, among others. The specific educational requirements vary with each profession listed, but a bachelor’s degree is required for most occupations. Canadians may have TN papers adjudicated by CBP at the U.S.-Canada border resulting in same-day adjudication, or U.S. employers may file TN petitions for them with USCIS. U.S. employers may also file TN petitions for Mexicans who are currently in the U.S., but not for Mexicans currently abroad, who must apply for TN visas through a U.S. consulate. TN status is granted by CBP or USCIS for up to three years at a time, and theoretically, it may be extended indefinitely in three-year increments so long as the individual does not intend to remain in the U.S. permanently.

The E-3 visa is for Australian nationals who will work for a U.S. employer in a ‘specialty occupation’ as defined in the H-1B regulations. E-3 processing is faster than H-1B petitions given that E-3 applications may be handled directly at U.S. consulates abroad (thus bypassing USCIS and its hefty filing fees). Unlike the H-1B, which has a six-year maximum, the E-3 may be renewed indefinitely in two-year increments.

Only nationals of Singapore or Chile qualify for the H-1B1 visa. Similar to the H-1B, the H-1B1 job offered must be a professional one, requiring a minimum of a bachelor’s degree in a specific field; the Chilean or Singaporean national must have the required degree (or its equivalent); and the employer must file an LCA attesting that it will pay the higher of the actual or prevailing wage. The H-1B1 may be obtained directly at a U.S. consulate abroad. Alternatively, the U.S. employer may file an H-1B1 petition for a beneficiary who is currently in the U.S. and wishes to change to H-1B1 status, change H-1B1 employers or extend his or her H-1B1 status. While the H-1B1 visa may be issued for 18 months, the period of admission for an H-1B1 is only 12 months, so this status requires frequent renewals. It can be renewed indefinitely so long as the H-1B1 holder can demonstrate nonimmigrant intent.

Both the E-1 (treaty trader) and E-2 (treaty investor) statuses are available to certain foreign nationals who will be employed in the U.S. by a company at least 50% of which is owned by nationals of the applicant’s country of citizenship. The nationality of the company and of the individual must be the same, and that nation must have a treaty of trade or investment with the U.S. To qualify for E-1 or E-2 status as the employee of a qualifying U.S. employer, the applicant must serve in an executive, a supervisory or an essential skills position.

Processing times for the nonimmigrant visas described above vary by visa category and where one applies, but when a filing is made with USCIS and premium processing is available, it will be a 15-business-day adjudication.

Employment-based immigrant visa categories are numbered from EB-1 through EB-5. The EB-1 is for persons of extraordinary ability, outstanding professors or researchers, or multinational managers or executives. The EB-2 is for jobs that require and professionals who hold either advanced degrees or bachelor’s degrees followed by at least five years of progressive work experience (‘advanced degree professionals’) and persons of exceptional ability. The EB-3 is for jobs that require and professionals who hold bachelor’s degrees and under five years of experience (‘professionals’) or at least two years of training or experience with no bachelor’s degree requirement (‘skilled workers’), or jobs requiring less than two years of training or experience (‘other workers,’ also called ‘unskilled workers’). The EB-4 is for certain special immigrants, and the EB-5 is for investors. Processing times for these categories are highly variable and depend on the applicant’s country of birth and current immigrant visa backlogs.

The E-1 visa is for treaty traders, and the E-2 visa is for treaty investors, and both are only available to nationals of countries with which the U.S. maintains a treaty of commerce and navigation or a qualifying international agreement. The E-1 treaty trader must carry on substantial trade, over 50% of which must be between the U.S. and his or her treaty country of nationality. For E-2 eligibility, the employer must demonstrate that a substantial investment has been made or is in the process of being made in the U.S. business. The principal E-2 investor must seek to enter the U.S. solely to develop and direct the investment enterprise. This is established by showing at least 50% ownership of the enterprise or possession of operational control through a managerial position or other corporate device.

The best way of obtaining E-1 or E-2 status is typically through a U.S. consulate abroad, usually in the applicant’s home country. E-1 and E-2 visas are usually issued for five years and are renewable for subsequent five-year periods, without limitation, so long as the applicant can show nonimmigrant intent. Upon each entry into the U.S., E-1 and E-2 visa holders are admitted for two years. Processing times vary depending on the post’s E-1 and E-2 application processes and appointment wait times.

Certain immigrant visa categories may be self-sponsored, including the EB-1(1), also known as EB-1(A), for persons of extraordinary ability, the EB-2 National Interest Waiver (NIW) and the EB-5 Investor.

The H-1B petitioner must establish that it has a bona fide job offer in a specialty occupation available for the beneficiary as of the start date requested on the petition. Moreover, the H-1B employer must have a legal presence in the U.S., be amenable to service of process in the U.S. and have a Federal Employer Identification Number issued by the Internal Revenue Service. USCIS may request evidence such as contracts or work orders to show the bona fide nature of the beneficiary’s position and the minimum educational requirements.

Before filing an H-1B, E-3 or H-1B1 petition, the employer must first post an internal notice and submit a Labor Condition Application (LCA) with DOL, attesting that the employee will be paid the required wage, which is the higher of the prevailing wage for the occupation in the area of intended employment or the actual wage paid by the employer to similarly qualified workers in the position at the place of employment. The employer must also maintain an LCA Public Access File (PAF), including the certified LCA and related documents, at its headquarters or at the worker’s actual place of employment, which must be readily available for public inspection. The employer must provide the worker with a copy of the certified LCA no later than the first day that he or she reports to work.

Although most nonimmigrant categories require a bona fide employer-employee relationship between the sponsor and beneficiary, the O-1 and TN are more flexible so long as there are prearranged services in the U.S. rather than speculative work. The L-1 allows the worker to remain on foreign payroll while providing services to a qualifying U.S. employer.

Where an employer terminates an H-1B, E-3, H-1B1 or O-1 employee before the end of the approved validity period, that employer must communicate the termination to the employee clearly in writing and cover the reasonable cost of the employee’s return transportation to his or her home country or country of last residence. In addition, the employer must notify USCIS of the termination (where a petition was filed with USCIS) and withdraw the LCA for an H-1B, E-3 or H-1B1 worker.

Employers may be subject to unannounced site inspections, investigations or audits by USCIS, ICE and DOL to verify their compliance with U.S. immigration laws.

Most nonimmigrant and immigrant petitions and applications are submitted on paper by mail or express courier to USCIS or in person at a U.S. consulate abroad, although certain requests may be filed online, including the H-1B petition, I-90 application to replace a permanent resident card and N-400 application for naturalisation, among others.

Nonimmigrant and immigrant approval notices (Form I-797) are issued on paper by USCIS and sent via mail to the petitioner, applicant or attorney. Where USCIS approves a request for change of status or extension of stay, the corresponding I-94 permit of stay is annexed to the I-797 approval notice. Following entry into the U.S. from abroad, most foreign visitors receive a new electronic I-94 permit of stay, which they may download online at https://i94.cbp.dhs.gov/home. Green card holders are not issued I-94s. Nonimmigrant visas are physically stamped into an applicant’s passport by a U.S. consulate abroad. Work permits(“EADs”) are issued by USCIS as physical cards.

Effective September 2, 2025, DOS will require in-person interviews for the vast majority of nonimmigrant visa types, including all those discussed above in Question #2, i.e. H-1B, L-1, O-1, TN, E-3, H-1B1, E-1 and E-2 visas. Interviews are also required for immigrant visa applications at U.S. consulates abroad.

In addition, interviews may be required for I-485 applications for permanent residence, whether family-based or employment-based. Under the immigration regulations, USCIS has authority to require an interview for any type of immigration benefit request.

Biometrics collection is required for many types of benefits requests, including I-485 applications for permanent residence, I-765 applications for employment authorisation and I-131 applications for advance parole. Recently, USCIS has begun collecting biometrics for certain but not all beneficiaries of I-129 nonimmigrant petitions (e.g. H-1B or O-1) and I-140 immigrant petitions – especially where the beneficiary has a prior arrest. Moreover, if an applicant or a beneficiary fails to appear at a biometrics appointment without requesting to reschedule it ahead of time or establishing good cause, then USCIS may consider the request abandoned and may deny the request.

The principal nonimmigrant visa applicant’s spouse (either same sex or opposite sex) and unmarried children under the age of 21 may apply for derivative nonimmigrant visas to accompany the principal nonimmigrant to the U.S. A marriage that is legally recognised in the place where it occurred is valid for visa purposes.

The spouses of L-1 or E nonimmigrants may work without taking any additional steps as long as their I-94s include the ‘S’ designation, e.g. L-2S, E-1S, E-2S, or E-3S. The H-4 spouses of H-1Bs who have reached a certain point in the green card application process may apply for EAD cards to work in the U.S. These dependant spouses are not restricted in the types of U.S. employment they may undertake so long as the principal nonimmigrant is maintaining valid status and the marital relationship remains intact.

The spouses of O-1 or TN nonimmigrants may not work in the U.S. in O-3 or TD derivative nonimmigrant statuses.

There are a variety of ways to apply for lawful permanent residence (aka a green card) in the U.S. These include an employer going through a labour market test, proving an individual’s extraordinary ability, proving an individual is a multinational manager or by making a substantial investment in the U.S. Depending on which option is pursued and the individual’s nationality, the permanent residence process can take anywhere from two to 15 or more years. Green card holders who are at least 18 years old are eligible to apply for naturalisation to become U.S. citizens once they have been lawful permanent residents for five years or three years if they are married to U.S. citizens. They must satisfy continuous residence and physical presence requirements, be able to show they have good moral character, pass English language and civics tests, and take an oath of allegiance to the U.S. If the naturalisation applicant is applying after three years of permanent residence based on marriage to a U.S. citizen, then he or she must also prove the bona fides of the marriage. While processing times vary by location, most individuals are naturalised within six to 18 months from filing their application.

Business visitors may enter the U.S. either with a B-1 visa or through the Visa Waiver Program (commonly referred to as ESTA). In both cases, visitors must maintain ties to their home country (they may not have ‘immigrant intent’) and may not perform any productive work. Acceptable activities are limited in scope and primarily include attending meetings, negotiating contracts, participating in professional conferences, conducting market research or taking part in short-term training (provided the visitor remains on foreign payroll). Business visitors are typically admitted for up to six months at a time under a B-1 visa, with the possibility of requesting an extension in additional six-month increments (subject to approval by USCIS). Visa Waiver Program (ESTA) travellers are admitted for up to 90 days, and extensions or changes of status are generally not permitted. Frequent trips and/or trips of long duration are subject to increased scrutiny by CBP.

All foreign nationals in the U.S. must have explicit employment authorisation to work in the U.S. Without such employment authorisation, an individual is generally not eligible to perform remote work, even if the employer is located outside the U.S. For individuals in sponsored work visa categories with prevailing wage requirements (such as the H-1B, E-3 and H-1B1), remote work is permitted but must comply with strict geographic rules tied to the Labor Condition Application (LCA). If the employee works from a different location than what was listed in the LCA, the employer may need to file an amendment and ensure compliance with prevailing wage requirements. For all other sponsored work visa categories (such as the L-1, O-1, TN, etc.), employees may work remotely. For most non-sponsored work categories (such as employment on most types of EADs or employment incident to status (L-2S, E-1S, E-2S, E-3S)), employees are free to work remotely from within the U.S. or work remotely for a business abroad.

No, business visitors relying on the B-1 or the Visa Waiver Program (ESTA) are generally not permitted to engage in revenue-generating or gainful employment in the U.S. That said, limited business-related activities are allowed as a business visitor, though they are not revenue generating in the traditional sense. Such activities may include attending client meetings, negotiating or finalising contracts, or attending conventions, conferences and trade shows. These activities are intended to support a foreign employer, not to provide services for hire in the U.S. Visitors are normally admitted for up to six months on a B-1 or up to 90 days on ESTA, depending on the travel authorisation used. Note, there are several limited carve-outs from the general rule that no revenue-generating activities may be performed. For example, in certain instances, domestic servants may enter the U.S. to work on their B-1 visa. Similarly, in limited instances, referees, judges and technical officials of international competitions may enter the U.S. in their official capacity on a B-1 visa.

The U.S. currently does not have a visa specifically designed for remote workers or digital nomads. Employment-based immigration categories remain tied to either temporary business visits, employment with a U.S. sponsor or investment-based activity. While many countries have introduced digital nomad visas in recent years, there are no active U.S. legislative or regulatory proposals to create a similar category, so the likelihood of such a program in the near future is low.

Switching visa categories or employers from within the U.S. is possible in many cases, but the ease of doing so depends heavily on the underlying visa classification and the specific facts of the case. For certain categories, such as H-1B, O-1 and TN, a change of employer within the same visa category can be pursued relatively smoothly, though each new filing is considered a de novo adjudication by USCIS and must independently establish eligibility. For visas tied closely to a specific employer or corporate relationship – for example, E-1, E-2 and L-1 – the flexibility is more limited. In the L-1 context, however, employees covered under a blanket petition may transfer between qualifying entities within the same corporate group without the need for a new USCIS filing, provided the new role remains virtually the same as the one that was previously approved.

When a foreign national is terminated, most employment-based visa holders are afforded a 60-day grace period (or until the end of their authorised stay as listed on their I-94, if sooner) to secure new sponsorship, change status or depart the U.S. During this window, it is also possible to apply for a change of status to another nonimmigrant category, such as B-1/B-2, as a means of lawfully extending time in the U.S. while exploring new employment opportunities.

Employers frequently face challenges related to limited visa availability, adjudication delays and unpredictable decisions. The H-1B cap is a significant hurdle, as the number of applicants far exceeds the annual quota, leaving many employers without access to this critical category. Delays caused by USCIS processing times, Requests for Evidence (RFEs) and/or extended administrative processing also create uncertainty and can disrupt hiring timelines. Additionally, U.S. immigration law lacks viable flexible, short-term work authorisation options, making it difficult for companies to bring employees for brief assignments or project-based work.

Additionally, compliance obligations, such as public access file compliance, I-9/E-Verify work authorisation, amongst other requirements, add a significant layer of risk and responsibility for employers, particularly in an environment where immigration audits, raids and investigations are becoming more and more common.

Yes, USCIS offers premium processing for many employment-based petitions, including H-1B, L-1, O-1, TN , E-3, and certain immigrant petitions. By paying an additional government fee, employers can receive a guaranteed response from USCIS within 15, 30 or 45 business days, depending on the filing type. Premium processing has gradually expanded to cover more categories – a welcome change for employers and their employees. Where premium processing is not available, employers may request expedited processing, but such requests are evaluated case by case and require demonstrating urgent need, such as severe financial loss, humanitarian concerns or clear USCIS error. It is common to see denials or inconsistent adjudications of such requests. Similarly, a visa applicant can request an expedited visa appointment at a U.S. embassy or consulate; however, such requests are granted inconsistently and often depend on the urgency of the need as well as the capacity of the particular embassy.

In addition to premium processing, certain multinational employers may benefit from the Blanket L program, which streamlines the transfer of managers, executives and specialised knowledge employees under the L-1 visa category. Once a company secures a blanket approval from USCIS, individual transferees do not need a separate petition filed on their behalf with USCIS before applying for the visa. Instead, they can apply directly at a U.S. consulate or embassy abroad, significantly reducing processing times and avoiding the two-step USCIS and consular process. This option is particularly valuable for large multinational organisations with frequent intracompany transfers, as it provides an efficient, affordable, predictable and expedited pathway for moving key personnel into the U.S.

Recent years have seen a steady mix of policy changes and broader trends shaping U.S. business immigration. However, the Trump administration has ushered in major changes to policy and regulations and heightened enforcement. Socially and politically, immigration remains a high-profile issue, with debates over employment-based immigration often linked to broader discussions on border security. Under the Trump administration, U.S. business immigration has been marked by heightened enforcement, increased scrutiny at every stage of the process and significant policy shifts that impact employers and foreign nationals alike. CBP has taken a more aggressive approach at ports of entry, with business travellers and work visa holders facing questioning and, in some cases, refusals of admission. USCIS and DOL have introduced or proposed regulatory changes that substantially alter long-standing practices, including a major overhaul of the H-1B lottery system aimed at prioritising higher-paid or advanced-degree applicants. Employers are also seeing elevated levels of RFEs and denials, particularly in categories such as H-1B, L-1 and O-1, as agencies apply narrower interpretations of eligibility criteria. Employment-based green card categories have come under greater scrutiny as well, with increased questioning of National Interest Waiver (NIW) petitions and EB-1 cases for individuals of extraordinary ability or multinational managers or executives. The enforcement arm of U.S. immigration is also massively emboldened with increased audits, investigations and raids of U.S. employers – placing immigration compliance front and centre for businesses. Collectively, these changes reflect a broader trend towards restrictive and enforcement-heavy policies, creating greater uncertainty, longer timelines, increased costs and higher compliance burdens for U.S. employers seeking to attract and retain global talent.

Most COVID-19-era measures have ended, and there are no long-term process or policy changes that have resulted from the pandemic.

We expect the government to revamp the H-1B random lottery. By way of background, each year, employers that want to hire recent graduates and other professionals enter individuals in a lottery for a coveted H-1B number. If selected, the employer (sponsor) is invited to file an H-1B petition for the individual. If that petition is approved, the individual may use that approval to work for the employer in the U.S. Usually, there are over 300,000 people vying for the 85,000 spots. During the first Trump administration, the government wished to implement changes to the H-1B lottery to distribute the coveted 85,000 H-1B slots to those applicants who are the highest paid, but the Biden administration then withdrew that final rule. Now the second Trump administration is renewing efforts to create such a rule. We expect that new rules will be issued and implemented before March 2026, when the next H-1B lottery will be held.

The Trump administration is using technology to support its enforcement efforts. This includes scanning social media for posts on controversial subjects. It is unlikely that this administration will devote any resources to using technology to enhance benefits or efficiency in business immigration adjudications.

In the U.S., the number of business immigration visa options providing work authorisation without employment sponsorship are limited. Spouses of individuals in L-1 or E status may work without any sponsorship and without the need to file an application with the government. Most students in F-1 status are entitled to one year of Optional Practical Training in the field of their major, which must be authorized by their school. Those seeking Optional Practical Training must take the added step of applying to USCIS for an employment authorisation document. Once the document is issued, the individual may be hired by any employer to provide services in his or her area of study for the validity of the document.

The government has been vigorously enforcing laws against employers that hire unauthorised workers. An employer can be subject to various civil and criminal penalties for hiring undocumented workers depending on whether the employer’s conduct was singular, part of a pattern or knowingly. Civil and/or criminal penalties often relate to an employer’s failure to adequately prepare a Form I-9, which it must complete for each new hire. Civil fines for I-9 paperwork violations can range from $281 to $2,861 per individual and from $716 to $28,619 for knowingly hiring an unauthorised worker. Criminal penalties for knowingly employing unauthorised workers can include imprisonment, with significant sentences where there is document fraud or identity theft.

Often, a U.S. employer must engage in a labour market test to sponsor a foreign worker for a green card. The process is part of the PERM labour certification application, which serves to evaluate whether there are any qualified U.S. workers available for the position before the employer can hire a foreign worker on a permanent basis. The test of the labour market includes two Sunday newspaper advertisements in a newspaper of general circulation, three additional forms of recruitment from a DOL-provided list and a job order with the state workforce agency.

No, there are no per-company quotas. However, if a company relies too heavily on H-1B employees (defined as when H-1Bs account for 15% or more of its workforce if it has 51 or more employees, 13 or more H-1Bs if it employs 26-50 employees, or eight or more H-1Bs if the company employs 25 or fewer employees), the company must take additional steps for each additional H-1B it would like to hire. Moreover, larger companies (with 50 or more employees) with 50% or more of their workforce made up of H-1Bs, L-1As or L-1Bs must pay increased filing fees for any new H or L-1 petitions they file.

While there are no exit procedures for individuals in a nonimmigrant status, there are issues that an employer must consider if it terminates an employee in certain visa statuses. Specifically, an employer that terminates an H-1B, O-1, E-3 or H-1B1 employee before the authorised status expires must notify the government and in some cases offer return airfare home.

Generally, there are only three instances when a medical exam is required. First, before an individual applies for lawful permanent residence in the U.S., he or she must have a medical exam performed by any USCIS-approved doctor. There, the doctor will ensure there are no medical grounds of inadmissibility and that the individual has all the required vaccinations. Second, before an individual applies for lawful permanent residence through a U.S. consular post abroad, he or she must have a medical exam performed by the U.S. consulate-approved doctor (generally, there is only one such doctor). There, the doctor will perform the same examination and check for vaccinations, as described above. Third, when applying for a temporary work visa, if the consular officer has reason to believe that the applicant may be subject to a health-related ground of inadmissibility, the officer may refer the applicant to the U.S. consulate-approved doctor for a medical exam. A prior alcohol-related arrest or conviction could result in such a referral.

The only language requirement applies to U.S. lawful permanent residents who apply for naturalisation. Those applicants must prove that they can read, write and understand English. USCIS tests these applicants on English-language skills (as well as U.S. civics and history) at an in-person interview when they adjudicate the naturalisation application.

The filing fees vary by visa type but generally fall into the $300-$6,185 range. The upper end of this range includes the premium processing fee, which USCIS charges for a 15-business-day adjudication (not all visa categories have premium processing as an option).

While basically all the temporary work visa categories require a U.S. employer and U.S. employment, the source of pay is only important for the H-1B, H-1B1 and E-3 categories. For these visa categories, the individual must receive his or her salary from the U.S. employer and must be paid the higher of the prevailing wage for the position in the location where the individual will work and the actual wage paid to others with substantially similar experience and qualifications and who work in jobs with substantially the same duties and responsibilities.

This varies depending on the visa category. For instance, the TN, O and E categories don’t have a maximum period of stay (but must not have the intent to remain in the U.S. permanently), while the L-1 manager/executive category has a seven-year maximum and the L-1 specialised knowledge category has a five-year maximum period. Finally, the H-1B has a six-year cap, with two exceptions, both of which revolve around starting and/or being in the green card process.

Yes. When an individual has U.S. citizenship as well as the citizenship of another country, that dual national must use a U.S. passport when entering and leaving the U.S.

The fact that there is no labour availability test for any of the temporary work visas is particularly attractive, as it allows U.S. employers to hire foreign nationals fairly quickly, particularly if the employer uses a visa category where USCIS doesn’t play a role (the E-3 and TN, for example) or where the category allows for premium processing. Moreover, allowing spouses of Ls and Es to work without having to make any filings is particularly attractive to those who qualify for the L or E statuses.

The major challenge that all U.S. employers face is the 85,000 annual limit on new H-1B petitions. The H-1B visa category, which is for professionals, is the principal visa category on which employers rely to hire recent graduates. Because there is far more demand (usually well over 300,000 vie for the numbers) than the 85,000 available, USCIS holds a random lottery (generally in March of each year), where it selects enough registrations to use all 85,000 numbers. If a beneficiary is selected, the employer is invited to file a petition for him or her with USCIS. Up until this year (2025), the lottery has been purely random, with a small advantage for holders of U.S. master’s or higher degrees. As of this writing, the Trump administration has hinted that the lottery will change for 2026, awarding the numbers to the 85,000 highest-paid registrants.

On top of the H-1B numbers, there is great demand for individuals in the AI field – there aren’t enough qualified U.S. workers to fill all open spots. Other than changing the lottery system (see above), the U.S. government is not taking any steps to address this shortage.

No.