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Learn what do you need to do to obtain a work visa.


Getting a work visa (H-1B), explained

Learn about the legal ways to come in the U.S. for work.


What is a legal way to start working in the United States?

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### Who is eligible to work in the U.S.?

All **U.S. citizens**, as well as **Green Card holders** (lawful permanent residents), can work in the United States. 

If you are a **foreign national**, before coming to the United States for work, you must make sure you are eligible for employment.

**Obtaining a proper work visa is essential.** Violation of visa rules such as illegal employment while staying in the U.S. on the B-1/B-2 visa is absolutely not advised and may eventually lead to deportation.

### How to become eligible for a work visa?

These are the tips for foreign nationals willing to work in the United States:

* If you are an **overseas employee** of the U.S. company, check if the company is willing to bring you to the U.S. under the **Intracompany Transferee** program (L-1 visa).

* If you are willing to **invest in the U.S. business**, you may be eligible for the **E-2 visa**.

* Find a **prospective employer** — a U.S. company that is willing to **sponsor** you for a **work visa** such as H-1B.

VisaLex can't process your work visa application unless you have a job offer and the U.S. company is willing to assist you in getting a work visa. VisaLex can't help you find a prospective employer or provide any career advice.

### Who is eligible for employment authorization?

* If you are in the U.S. on the **student visa (F-1)**, under certain circumstances and with certain limitations you can get **employment authorization**.

* If you are a **dependent spouse of the work visa holder** (you stay on H-4 or L-2 visa) you might be eligible for **employment authorization**. Note that special conditions apply here and your eligibility depends on your principal's occupation, visa type, and other circumstances.

Contact VisaLex attorneys to explore the visa options available to you.



A typical procedure for obtaining a work visa (H-1B) includes the following steps:

### Step 1. Find a prospective employer

Your first step is to find a prospective employer in the U.S. The employer who offers you a job must be willing to sponsor you for a visa. Please make sure to discuss visa formalities before accepting any offers or starting a new job.

**What if you don't have a job offer yet?** Try your best to get one. Unfortunately, VisaLex cannot proceed with a work visa petition unless you have a job offer. VisaLex is not a job board and cannot provide any career advice or suggest any potential work opportunities.

### Step 2. File an H-1B petition with VisaLex

Once you've got a job offer, your future employer can start filing a visa petition on your behalf. Obtaining an H-1B visa is a long process that requires commitments from your employer (as petitioner) and you (as beneficiary). Both of you will be prompted to provide information.

Our Customer Care specialists will be happy to assist you and your employer to fill in the forms. Once you're done, your case will be forwarded to the legal department for review.

### Step 3. Wait for USCIS decision

After submitting your case to USCIS, wait for the officer's decision. VisaLex will keep you posted.



Unfortunately, you can't start working until USCIS grants you a visa. You and your employer have to wait while your visa is still being processed to avoid violation of US labor laws. The same rules apply to employment-based Green Cards and work authorizations.

If you have a valid B1/B2 "business tourist" visa, you visit your overseas employer. Allowed business activities include contract negotiations, short-term training, etc. Please note that working (both paid and unpaid job) on B1/B2 is strictly forbidden.

Your options while you are waiting for your work visa approval.


Can I start working before my visa is approved?


The short answer is Yes. You can change jobs while preserving your H-1B (nonimmigrant specialty worker) status in the United States. 

Before you start a new job, your future employer must start an H-1B visa transfer process. The transfer may take up to several months to complete. The legal procedure is similar to applying for an H-1B work visa in the first place — your future employer will file a new H-1B petition on your behalf, sponsor you for a new H-1B visa, etc.

Please note that you cannot switch jobs without the H-1B visa transfer. 

Learn about the process of changing jobs while remaining in the United States on your H-1B visa.


Can I change jobs while on the H-1B work visa?


While you are on your current H-1B work visa in the United States, you are eligible for **one 60-day grace period** of unemployment. It means you can quit your job and you'll have 60 days on your current H-1B visa to stay in the United States and look for another job. Or, for example, if your company terminates the contract agreement with you, you can continue living in the U.S. for another 60 days and look for a new job. 

Note that the grace period might be different for other visa types.

To remain in the United States after the 60-day grace period, you should find a new prospective employer who will be willing to sponsor you for a new H-1B visa (also known as an H-1B visa transfer). Otherwise, you will have to depart from the United States once the grace period is over.

**Tip:** To give yourself extra time, you can transition to B1/B2 visa (short-term visitor visa).  Visit visas allow you to stay in the U.S. for six months and pursue work opportunities. Still, make sure not to take any paid or unpaid jobs while on B-1 as it is a strict violation of the U.S. law.

See also: [Can I change jobs while on H-1B work visa in the U.S.?](/help/working-in-the-united-states/can-i-change-jobs-while-on-h1b-work-visa)


Learn how to preserve your H-1B visa status if you are unemployed or consider quitting your job.


Can I be unemployed on an H-1B visa and remain in the United States?


Obtaining a work visa (E-2, L-1, H-1B, O-1, or P-1 visa) or a Green Card (Part 1) typically involves more than one party:

* The person or the business who sponsors the main applicant for the visa. This person or company representative files a petition and is called **petitioner**. 

* The foreign national who seeks a visa. This person is called **beneficiary**. 

* The **attorney** providing legal support for the case. 

A typical workflow is as follows:

1. The petitioner creates a visa application. In most cases, we'll request to schedule a consultation with our immigration attorneys to discuss the visa options. During the consultation, the case will be created.

2. The petitioner pays for VisaLex services.

3. The petitioner fills in the forms marked as Petitioner Information and uploads documents listed under Petitioner Documents.

4. The petitioner fills in  the Beneficiary forms and uploads documents on the main applicant's behalf.

5. The attorney reviews the case information and adds comments if necessary.

6. The applicant updates information per attorney's comments.

7. The attorney prepares all required legal forms and generates the final document package.

8. The applicant signs the final package. At this point, the application is ready to be sent to USCIS or the consulate.

Applying for work visas and Green Cards (Part 1) requires commitment from several parties. Learn how VisaLex assists your business case.


What is the process of applying for work visa?


The process of obtaining the U.S. work visa (E-2, L-1, H-1B, etc.) or a Green Card, requires a sponsor to file a petition on behalf of the main applicant. The sponsor — a prospective employer or a family member — is called a petitioner. The main applicant is known as a beneficiary.

For work visas and Green Cards, the **petitioner** is the one to create a visa application with VisaLex and fills information on behalf of the beneficiary.


Typically, when applying for work visas or Green Cards, the sponsor files a petition for the beneficiary.


Who should create an application for a work visa?


To obtain almost any type of US work visa, you must have a sponsor. It can be your future employer or an agent authorized by your employer. The sponsor files a petition on your behalf and provides evidence of your eligibility.

Petitioning for yourself isn't an option even if you apply for the P-1 or O-1 visa that is granted to individuals with extraordinary abilities or recognized achievements.

Can I apply without a sponsor?


A short answer is **No**.

Unfortunately, you can't apply for a work visa without a job offer. Your prospective employer must be willing to sponsor you for the visa and petition on your behalf.

VisaLex cannot provide job board services or career consulting but will be happy to assist your prospective employer with the visa application process once you get the job offer.

**Read more:**

[What is a legal way to start working in the United States?](/help/working-in-the-united-states/what-is-a-legal-way-to-start-working-in-u-s)



The dependent status means that you are a spouse or an unmarried child under 21 years of age of the principal visa holder. The dependent (derivative) visas are granted to individuals willing to accompany their family members to the U.S.

For example, a non-immigrant specialty worker (H-1B visa holder) can be accompanied by a spouse on H-4 visa; or an F-1 international student can be accompanied by a child on the F-2 visa. 

The term **dependent** implies that this person doesn't have any income and the principal has to provide for him or her. Most so-called dependent or family visas don't allow their holders to accept employment without changing a visa status or obtaining an employment authorization document (EAD) first.

For quick reference check the information below:

* F-2 visa holders: not allowed no work.

* L-2 visa holders: allowed to work once their employment authorization (EAD) is approved by USCIS. Limitation apply.

* H-4 visa holders: at the moment of writing, some H-4 visa holders were eligible for employment authorization (EAD) under special conditions. The law to ban EAD for H-4 visa holders is pending. Please check [USCIS](https://www.uscis.gov/working-united-states/temporary-workers/employment-authorization-certain-h-4-dependent-spouses) for the most recent information.

To learn more about your employment eligibility while you are on a dependent visa, please contact our immigration attorneys.

Alternatively, you can try to find a prospective employer willing to sponsor you for a proper work visa and change your visa status.

Explore employment options while staying on a dependent visa (F-2, H-4, L-2, etc).


Can I work while staying on a family visa?


The short answer is **No**.

According to US immigration laws, you are forbidden to work during your stay in the U.S. if you are on B-1/B-2 visa. 

If you get a job offer, your prospective employer should sponsor you for a proper work visa and file a petition on your behalf. You can't work until your work visa is approved. See

The **B-1/B-2** visa only allows temporary visits for leisure, business, or medical treatment purposes. Allowed business activities typically include meeting with business partners or associates, attending professional conferences or conventions, negotiating contracts, etc. 

**Taking any paid or unpaid job while you are on B-1/B-2 is a strict violation of the US visa rules.**

**Read more:**
[What is a legal way to start working in the United States?](/help/working-in-the-united-states/what-is-a-legal-way-to-start-working-in-u-s)


Learn about employment limitations of B-1/B-2 visas.


Can I work while on the B1/B2 (visitor) visa?


F-1 is a **study** visa meaning that the visa holder is attending a full-time accredited academic program in the U.S. 

### During the first academic year

During the first academic year, F-1 visa holders are allowed to take on-campus work limited to 20 hours per week during the semester or 40 hours per week during the breaks. Typical on-campus workplaces are the library, on-sight coffee shops, bookstores, or affiliated labs. 

### After the first year of studies

After the first year, students can accept off-campus employment with special conditions (such as taking a job that aligns with the field of studies). The following off-campus employment options are available:

* Curricular Practical Training (CPT)

* Optional Practical Training (OPT)

* Science, Technology, Engineering, and Mathematics (STEM) Optional Practical Training Extension (OPT)

In all of these cases, prior authorization from the academic institution (Designated School Official) is required. The working hours are limited to 20 hours per week. 

To learn more about your employment eligibility while you are on the F-1 visa, please contact our immigration attorneys.

Explore your employment options while you are on a study visa.


Can I work while studying in the United States?




### O-1

(Extraordinary Abilities)** is a non-immigrant work visa granted to individuals demonstrating extraordinary abilities in the sciences, arts, education, business, athletics, or achievements in the motion picture or television industry.

### P-1

(Internationally Recognized)** is a non-immigrant visa granted to athletes, artists, and entertainers taking part in a special sports event or competition.

### E-2

The Treaty Investors visa allows entrepreneurs willing to invest in the U.S. economy to start business in the United States.


What is a legal way to start working in the United States?

Getting a work visa (H-1B), explained

Can I start working before my visa is approved?

Can I change jobs while on the H-1B work visa?

Can I be unemployed on an H-1B visa and remain in the United States?

What is the process of applying for work visa?

Who should create an application for a work visa?

Can I apply without a sponsor?

Can I get a work visa without a job offer?

Can I work while staying on a family visa?

Can I work while on the B1/B2 (visitor) visa?

Can I work while studying in the United States?

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What is included in VisaLex fees?

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Where can I find the most recent information about U.S. visas?

I need legal advice. What do I do?

Can I get a work visa without a job offer?

Getting a work visa (H-1B), explained

What is a legal way to start working in the United States?

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