What is the process for obtaining a work visa in the US?
Executive summary
The U.S. work‑visa process usually starts with a U.S. employer petitioning USCIS (often Form I‑129) and can require a Department of Labor labor certification (PERM) depending on the category; after petition approval, the worker applies for a visa at a U.S. consulate or seeks admission/adjustment of status [1] [2]. High‑demand categories carry numerical caps and lotteries (H‑1B: 65,000 + 20,000 master’s cap; H‑2B supplemental caps for FY2025 were added) and processing steps and timelines vary widely by visa type and country [3] [4] [5].
1. How the system is organized — employer sponsorship first in most cases
Most U.S. work visas for temporary and immigrant employment require a U.S. employer to act first: the employer must file the appropriate petition with USCIS (for many nonimmigrant categories that is Form I‑129; for immigrant employment cases the employer often files PERM and then I‑140) before the worker files for a visa or adjustment of status [1] [2]. Available sources do not mention any employer‑independent routes in detail beyond categories like some investor or special categories.
2. Two broad tracks — temporary (nonimmigrant) vs immigrant (green card) work paths
Temporary worker visas cover fixed‑term employment and require a petition approved by USCIS before a consular visa application or U.S. admission; rules and required evidence vary by visa class (H, L, O, TN, H‑2B, etc.) [1]. Immigrant employment cases to obtain permanent residence typically involve a DOL labor certification (PERM) in many categories, followed by Form I‑140 and waiting on visa availability per the Visa Bulletin [2] [6].
3. The practical steps you’ll typically follow
The common sequence: secure a job offer; employer files petition (e.g., I‑129 for most temporary workers or PERM + I‑140 for many employment‑based green cards); upon petition approval apply for a visa at a U.S. consulate (DS‑160) and attend the interview or, if already in the U.S., file for change/adjustment of status when eligible [1] [7]. Consular procedures and fingerprinting are routine, but some cases require “administrative processing” after the interview [1] [7].
4. Capacity constraints and lotteries change prospects for applicants
Several categories are quota‑restricted. The H‑1B has a congressionally mandated cap (65,000 plus 20,000 for U.S. advanced‑degree holders) and is run via an electronic registration/lottery system; demand vastly exceeds supply in most years [3] [5]. The H‑2B program received supplemental allocations for FY2025 (up to 64,716 additional visas) through temporary rules and is managed by DHS/USCIS in coordination with DOL [4]. These caps and supplemental rules materially affect chances and timing [3] [4].
5. Timing, backlogs and the Visa Bulletin — when you can actually get a green card
For immigrant work routes, approval of an employer petition does not guarantee immediate visa availability; applicants often wait for a priority date to become current under the Department of State Visa Bulletin. The bulletin sets Final Action Dates and Dates for Filing that determine when adjustment or consular processing can move forward [6] [8]. For some countries and EB categories this wait can be years; the bulletin is the monthly reference for movement or retrogression [6] [9].
6. Where delays and risk arise — labor certification, fraud integrity, and consular processing
Delays commonly stem from DOL PERM processing, USCIS adjudication backlogs, visa caps/lotteries, and consular processing times; agencies have introduced tighter integrity and electronic systems (H‑1B beneficiary‑centric registration, fraud countermeasures) that can change filing strategies and reduce multiple filings but also add complexity [3] [5]. Consular officers may order additional administrative processing after interviews, extending timelines [7].
7. Practical takeaways and competing perspectives
From public‑facing government guidance: follow the employer‑led petition route, check Visa Bulletin dates, and expect variable consular steps [1] [6] [2]. Immigration service providers and law firms emphasize strategic planning for caps and timelines and warn that modernization and new rules reshape odds [3] [4]. Watch for policy changes and temporary rules (e.g., H‑2B increases) that can open or close windows rapidly [4].
Limitations: this summary uses official government pages and recent reporting listed above; available sources do not provide a complete checklist for every visa class or individualized legal advice — consult USCIS, DOS instructions or counsel for case‑specific requirements [1] [2].