H-1B, E-3, TN, O-1, and O-2 visas
Employment-Based Visas
Understanding Your Visa Options
The H-1B visa allows U.S. employers to hire foreign professionals in specialty occupations that require a bachelor’s degree or higher in a specific field. Common roles include engineers, IT professionals, healthcare workers, and financial analysts. Employers must file a Labor Condition Application and sponsor the worker through the U.S. immigration system. The visa is subject to an annual cap and lottery due to high demand.
H-1B status is granted for up to three years and can be extended to a maximum of six years. It is considered a dual intent visa, meaning holders may apply for permanent residency while maintaining their H-1B status. Spouses and children under 21 may accompany the visa holder under H-4 status.
The TN visa is available to Canadian and Mexican citizens under the United States-Mexico-Canada Agreement (USMCA). It allows qualified professionals to work in the U.S. in specific occupations listed under the treaty, including roles in science, engineering, education, accounting, and healthcare. Applicants must have a valid job offer and meet the educational or licensing requirements for the profession.
The TN visa is typically issued for up to three years and may be renewed indefinitely, provided the job continues to meet eligibility requirements. Canadian citizens can apply at a port of entry, while Mexican citizens must apply through a U.S. consulate. The TN is not a dual intent visa, so pursuing a green card while on TN status requires careful legal strategy.
The O-1 visa is for individuals who possess extraordinary ability in fields such as science, education, business, athletics (O-1A), or the arts, motion pictures, and television (O-1B). Applicants must show sustained national or international recognition through awards, publications, major contributions, or critical roles in their industry.
O-1 status is typically granted for up to three years and may be extended in one-year increments based on the duration of the project or engagement. It is considered a dual intent visa, so applicants may pursue permanent residency while in the U.S. under O-1 status. Due to the high evidentiary standards, detailed documentation and strong legal preparation are essential.
The O-2 visa is for individuals who assist O-1 visa holders in carrying out their work in the United States. This includes essential support staff such as technical assistants, trainers, or stage crew whose participation is vital to the O-1’s performance or project. The applicant must have a longstanding working relationship or possess specialized knowledge that cannot be easily replaced by a U.S. worker.
O-2 visas are issued for the same duration as the corresponding O-1 visa and are tied to the specific event or engagement. O-2 holders cannot work independently or for other employers while in the U.S. This visa is not dual intent and does not lead directly to permanent residency, but it allows qualified support personnel to accompany O-1 professionals for the length of their assignment.
The E-3 visa is a special U.S. work visa exclusively available to Australian citizens seeking to live and work in the United States in a specialty occupation. A specialty occupation typically requires a bachelor’s degree or higher in a specific field, such as engineering, finance, or IT. To qualify, applicants must have a valid job offer from a U.S. employer and meet the educational or experience requirements relevant to the position. The job must also qualify as a specialty occupation under U.S. immigration standards.
The E-3 visa is initially granted for up to two years and can be renewed indefinitely in two-year increments, as long as the applicant continues to meet the requirements. Spouses and children may accompany E-3 visa holders, and spouses are eligible to apply for work authorization in the U.S. Unlike the H-1B visa, the E-3 has its own annual quota, which is rarely met, making it a more accessible option for eligible Australians seeking employment in the U.S.
FAQ for Employment-Based Visas

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“Immigration is not just paperwork. It’s about people, families, and creating a better future. I’m here to guide you through the legal process with clarity, care, and a strategy that aligns with your goals.”
Tracy Lee Nagle, Esq.
U.S. Immigration Attorney



