How Can I Get a US Work Visa, and What Are the Necessary Steps?

Jennifer Paulino, New York managing attorney | Marble Law

New York & immigration managing attorney at Marble Law

Published February 24, 2025 · 4 min read

Key Takeaways

The right work visa depends on your job, qualifications, and employer sponsorship.
The process includes securing a job offer, filing an employer petition, and attending a visa interview.
Processing times vary by visa type, ranging from weeks to months, with premium processing options available for some.

What Are the Different Types of US Work Visas?

The U.S. offers several work visa options, each with different eligibility requirements. Choosing the right one depends on your occupation, skills, and employment situation:

H-1B Visa: For specialty occupations requiring at least a bachelor’s degree. This visa is subject to an annual lottery due to high demand.
H-2A Visa: For seasonal agricultural workers when no U.S. workers are available.
H-2B Visa: For non-agricultural seasonal or temporary jobs like hospitality or landscaping.
L Visa: For employees transferring within the same company to a U.S. branch in a managerial, executive, or specialized knowledge role.
O Visa: For individuals with extraordinary ability in sciences, arts, business, athletics, or entertainment.
EB Visas: Employment-based green cards for those seeking permanent residency through job sponsorship.

Each visa type has its own application process, fees, and processing times, so it’s important to choose the right one for your situation.

Steps for Getting a US Work Visa

Getting a U.S. work visa requires several key steps, and both you and your employer play a role in the process.

Secure a Job Offer

A U.S. employer must agree to sponsor you for a work visa.
However, there are some visas that allow you to self-petition without the need of an employer such as EB-2 NIW and EB-1A
The job must meet specific requirements based on the visa type.

Employer Petition Filing

Your employer files Form I-129 (or another applicable form) with USCIS.
Certain visas require a Labor Condition Application (LCA) to show that hiring a foreign worker won’t harm U.S. workers.

USCIS Petition Review

USCIS reviews the petition and may request additional documentation before making a decision.
If approved, the case moves to the National Visa Center (NVC) or the U.S. embassy.

USCIS Petition Review

You schedule a visa interview at a U.S. embassy or consulate in your home country.
Bring all required documents, including approval notices, passport, and financial proof.

Approval and Processing

If approved, the visa is issued, and you can travel to the U.S. to start your job.
Some applicants may go through administrative processing, which can delay approval.

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Average Work Visa Processing Times

The time it takes to get a work visa depends on the type of visa and USCIS processing backlogs.

H-1B Visa: 4-8 months (or 2-3 weeks with premium processing).
L-1 Visa: 3-5 months on average.
O-1 Visa: Depending on case complexity, this can take a few weeks to several months.
H-2A & H-2B Visas: Processing varies by seasonal demand and USCIS workload.

An hourglass next to U.S. dollar bills, symbolizing time and money.

Plan ahead—some work visas have annual quotas and limited availability, so applying early increases your chances of approval.

Should You Consult an Immigration Attorney?

The U.S. work visa process is complex; small mistakes can cause delays or denials. An immigration attorney can help you navigate the process, helping to make sure all documents are correct and that your case is as strong as possible. If you want to avoid delays and improve your chances of approval, Marble is here to guide you through every step.