Visas

Visa Types & Requirements

Forms, supporting documents, and processing times for every category.

Immigrant Visas

Permanent Residency Pathways

Immigrant

IR-1 / CR-1 — Spouse of U.S. Citizen

A U.S. citizen married to a foreign national may sponsor their spouse for permanent residency. As an immediate relative, this category is not subject to annual numerical limits, making it one of the fastest family-based pathways available.

General Path: The U.S. citizen sponsor initiates the process by establishing the qualifying relationship with the relevant federal agency. Once approved, the foreign spouse may apply for an immigrant visa abroad or, in certain circumstances, adjust their status within the United States.Helpful Documents: Marriage certificate, birth certificates, proof of sponsor's citizenship, financial support evidence, police clearances, medical examination records12–24 months

2025–26 Policy: Spousal Green Card — AoS Policy Alert 2026

Immigrant

IR-2 — Child of U.S. Citizen (Under 21)

Unmarried children under the age of 21 whose parent is a U.S. citizen qualify as immediate relatives and are not subject to annual visa caps. Biological, adopted, and stepchildren may qualify depending on the specific circumstances.

General Path: The U.S. citizen parent files a petition on behalf of the child, establishing the qualifying parent-child relationship. Following approval, the child may apply for an immigrant visa at a U.S. consulate or adjust status if already present in the United States.Helpful Documents: Birth certificate establishing relationship, valid passport, financial support evidence, medical records8–18 months

Immigrant

IR-5 — Parent of U.S. Citizen (21+)

An adult U.S. citizen aged 21 or older may petition for their parent — including stepparents in some cases — to immigrate as an immediate relative. No annual cap applies to this category.

General Path: The U.S. citizen child files a petition establishing the parent-child relationship. The parent then applies for an immigrant visa through a U.S. consulate abroad or, in some cases, may be eligible to adjust status within the United States.Helpful Documents: Petitioner's birth certificate, parent's passport and identity documents, evidence of the family relationship, police clearances, medical examination12–24 months

Immigrant

F-2A — Spouse / Child of LPR

Lawful permanent residents may sponsor their spouse and unmarried minor children for immigrant visas. Unlike immediate relative categories, this is a preference category subject to annual numerical limits, which may result in waiting periods.

General Path: The LPR sponsor petitions to establish the qualifying relationship. Once a visa number becomes available based on the applicant's priority date and country of birth, the family member may apply for an immigrant visa or adjust status.Helpful Documents: Evidence of the qualifying family relationship, copy of sponsor's permanent resident card, financial support documents, police clearances2–4 years

Immigrant

F-2B — Unmarried Child of LPR (21+)

Unmarried adult children (age 21 or older) of lawful permanent residents may be sponsored for immigration as a family preference category. Waiting periods apply based on annual limits and the applicant's country of birth.

General Path: The LPR parent establishes the qualifying relationship through a petition. The adult child proceeds through the visa queue as their priority date becomes current, then applies for an immigrant visa or adjusts status.Helpful Documents: Birth certificate establishing the parent-child relationship, sponsor's permanent resident card, financial support documents5–8 years

Immigrant

F-3 — Married Child of U.S. Citizen

U.S. citizens may petition for their married sons and daughters, regardless of age. This is a family preference category subject to annual numerical limits, and wait times can be substantial depending on country of birth.

General Path: The U.S. citizen parent files a petition on behalf of the married child. After a visa number becomes available, the applicant and their accompanying spouse and children may apply for immigrant visas or pursue adjustment of status.Helpful Documents: Birth certificate, marriage certificate of the applicant child, proof of the petitioner's U.S. citizenship8–12+ years

Immigrant

F-4 — Sibling of U.S. Citizen

Adult U.S. citizens may sponsor their brothers and sisters for permanent residency. This category has the longest waiting periods of any family preference category, particularly for applicants from high-demand countries.

General Path: The U.S. citizen sibling files a petition establishing the sibling relationship through a common parent. After what may be a very lengthy wait for a visa number to become available, the beneficiary may apply for an immigrant visa or adjust status.Helpful Documents: Birth certificates showing common parent, proof of petitioner's U.S. citizenship10–20+ years

Immigrant

EB-1 — Priority Workers

Individuals with extraordinary ability in their field, outstanding professors and researchers, or multinational executives and managers may qualify for this first-preference employment-based category. In some cases, no employer sponsorship is required.

General Path: Qualifying individuals may self-petition or be petitioned by an employer. Once the petition is approved, the applicant may apply for an immigrant visa abroad or adjust status within the United States if a visa number is available.Helpful Documents: Evidence of achievements and recognition, awards, publications, professional letters of recommendation, employment records6–18 months

2025–26 Policy: EB-1 Vetting Policy — USCIS

Immigrant

EB-2 — Advanced Degree / NIW

Professionals holding advanced degrees or individuals with exceptional ability in their field may qualify for this category. A National Interest Waiver may allow certain applicants to self-petition without a traditional job offer if their work is deemed to benefit the United States.

General Path: An employer may sponsor the applicant, or in NIW cases the individual may petition on their own behalf. Following petition approval, the applicant pursues an immigrant visa or adjustment of status when a visa number is available.Helpful Documents: Advanced degree credentials, expert recommendation letters, evidence of exceptional ability, documentation of national interest (for NIW cases)1–3 years

2025–26 Policy: EB-2 / NIW Current Policy — USCIS

Immigrant

EB-3 — Skilled / Professional Workers

Skilled workers, professionals with bachelor's degrees, and certain other workers with permanent full-time job offers from U.S. employers may qualify for this employment-based category. Employer sponsorship and a labor market test are typically required.

General Path: The sponsoring employer generally must first demonstrate that no qualified U.S. workers are available for the position. Following that process, the employer files an immigrant petition on behalf of the worker, who then pursues a visa or status adjustment.Helpful Documents: Job offer documentation, educational and professional credentials, experience verification letters2–5 years

2025–26 Policy: Employment-Based Immigration Updates — USCIS

Immigrant

EB-4 — Special Immigrants

Certain categories of individuals — including religious workers, certain broadcasters, translators, and others — may qualify under this special immigrant designation. Eligibility criteria vary significantly by subcategory.

General Path: The applicant or a sponsoring organization files a petition demonstrating that the individual meets the criteria for a recognized special immigrant subcategory. Consular or adjustment processing follows depending on the applicant's location.Helpful Documents: Evidence specific to the qualifying subcategory — organizational letters, employment records, service documentation, professional certifications as applicable6 months–2 years

Immigrant

EB-5 — Immigrant Investor

Foreign nationals who make a qualifying capital investment in a new commercial enterprise that creates jobs for U.S. workers may be eligible for permanent residency through this investor pathway. Investment thresholds vary based on whether the project is in a targeted employment area.

General Path: The investor files a petition demonstrating that the capital investment was made and that the required number of qualifying jobs will be created. Following approval, the investor and qualifying family members may pursue immigrant visas or adjustment of status.Helpful Documents: Evidence of source and transfer of funds, business plan, investment documentation, job creation evidence3–5 years

Immigrant

DV — Diversity Visa Lottery

Each year, the U.S. government makes up to 50,000 immigrant visas available through a random selection process to nationals of countries with historically low rates of immigration to the United States. Selection is free and does not guarantee a visa.

General Path: Eligible nationals enter the annual electronic lottery during the designated registration period. Those randomly selected are notified and may then apply for an immigrant visa through a U.S. consulate, subject to completing all required steps before the end of the fiscal year.Helpful Documents: Valid passport, evidence of qualifying education or work experience, selection confirmation notice6–12 months post-selection

2025–26 Policy: DV Program Hold Notice — USCIS

Non-Immigrant Visas

Temporary Status Categories

Non-Immigrant

B-1 / B-2 — Visitor (Business / Tourism)

Foreign nationals seeking to enter the United States temporarily for business meetings, tourism, or medical treatment may apply for a visitor visa. This category does not permit employment and requires the applicant to demonstrate an intent to return home after the authorized stay.

General Path: The applicant applies for a visitor visa at a U.S. consulate abroad, demonstrating the purpose of travel and strong ties to their home country. If admitted, the duration of stay is determined at the port of entry. Extensions may be available in limited circumstances.Helpful Documents: Proof of financial means, evidence of ties to home country (employment, property, family), documentation of travel purpose2–8 weeks

Non-Immigrant

F-1 — Academic Student

Foreign nationals accepted to a full-time academic program at a U.S. institution approved by the federal student tracking program may study in the United States on a student visa. This status allows for limited work authorization in specific circumstances.

General Path: The student is accepted to a qualifying institution, which issues the necessary enrollment documentation. The student then applies for a visa at a U.S. consulate and, once admitted, maintains status by remaining enrolled full-time and complying with program requirements.Helpful Documents: Acceptance letter from the institution, enrollment documentation, proof of financial support for the duration of studies2–6 weeks

2025–26 Policy: Student Visa Vetting Updates — USCIS

Non-Immigrant

H-1B — Specialty Occupation Worker

U.S. employers may sponsor foreign workers in specialty occupations that typically require at least a bachelor's degree in a specific field. Available slots are limited annually and allocated through a lottery process, making employer sponsorship and timely preparation essential.

General Path: An employer sponsors the worker through the annual registration and, if selected, the full petition process. A wage determination is made in advance by the employer, and the worker's status typically begins at the start of the new fiscal year. Those already in the U.S. may be able to change status without departing.Helpful Documents: Employer job offer, educational credentials, professional licenses if applicable, evidence of qualifying specialty occupation3–6 months (annual lottery)

2025–26 Policy: $100K Fee & Weighted Lottery — USCIS

Non-Immigrant

H-2A — Temporary Agricultural Worker

U.S. agricultural employers facing a shortage of domestic workers may sponsor foreign nationals for temporary seasonal work. The employer must demonstrate the unavailability of U.S. workers and comply with wage and working condition requirements.

General Path: The employer obtains approval from the relevant federal labor agency before petitioning for the workers. Approved workers then receive authorization to enter the U.S. for the duration of the seasonal need.Helpful Documents: Employer's attestation of need, job offer, evidence of U.S. labor market testing1–3 months

2025–26 Policy: H-2A Streamlining Rule — USCIS

Non-Immigrant

H-2B — Temporary Non-Agricultural Worker

Employers in industries with seasonal or peak-load non-agricultural labor needs may sponsor foreign workers when qualified U.S. workers are unavailable. This category is subject to annual numerical limits and requires advance federal approvals.

General Path: The employer secures federal labor authorization demonstrating the temporary need and unavailability of U.S. workers, then petitions for the workers. Approved workers are authorized to work for that employer for the specified period.Helpful Documents: Evidence of temporary labor need, employer's labor certification, job offer documentation2–4 months

Non-Immigrant

L-1A / L-1B — Intracompany Transferee

Multinational companies may transfer employees who have worked abroad in a managerial, executive, or specialized knowledge capacity to a related U.S. entity. This category requires a qualifying corporate relationship between the foreign and U.S. organizations.

General Path: The U.S. employer files a petition on behalf of the transferring employee, establishing the qualifying corporate relationship and the employee's role. Approved workers may then enter or remain in the U.S. to work for the sponsoring company.Helpful Documents: Evidence of the corporate relationship between entities, organizational charts, description of qualifying role, employment history with the organization2–4 months

2025–26 Policy: Intracompany Visa Policy — USCIS

Non-Immigrant

O-1 — Extraordinary Ability

Individuals who have demonstrated extraordinary ability in the sciences, arts, education, business, or athletics — or extraordinary achievement in the motion picture or television industry — may be eligible for this specialty nonimmigrant category. It requires recognized sustained national or international acclaim.

General Path: A U.S. employer or agent files a petition on behalf of the applicant, including a written consultation from a relevant peer organization. If approved, the individual may work in the U.S. for the sponsoring employer or through an agent arrangement.Helpful Documents: Evidence of extraordinary recognition such as major awards, critical press coverage, published work, evidence of high remuneration, or other documentation of acclaim in the field; written peer consultation2–4 months

Non-Immigrant

TN — USMCA Professional

Citizens of Canada and Mexico who work in certain professional occupations listed under the United States–Mexico–Canada Agreement may be eligible for TN status to work temporarily in the United States. This category is not subject to an annual cap or lottery.

General Path: The qualifying professional obtains a job offer from a U.S. employer and applies for admission at a port of entry (Canadians) or through a petition process (Mexicans). TN status may be renewed and does not require a lengthy advance process in most cases.Helpful Documents: Job offer letter specifying the qualifying profession, educational credentials or professional licenses confirming eligibility, citizenship documentationSame-day (CA) / 2–3 months (MX)

Non-Immigrant

E-1 / E-2 — Treaty Trader / Investor

Nationals of countries with qualifying treaties with the United States may be eligible to enter as treaty traders engaged in substantial trade between the two countries, or as treaty investors who have made a qualifying investment in a U.S. enterprise. These categories are tied to the treaty country's nationality.

General Path: The applicant applies at a U.S. consulate or, if already in the U.S., may request a change of status. The application must demonstrate that the trade or investment activity meets the legal thresholds and that the applicant's role is central to the enterprise.Helpful Documents: Proof of treaty country citizenship, evidence of substantial trade or qualifying investment, business documentation, organizational records2–6 months

Non-Immigrant

J-1 — Exchange Visitor

The J-1 category covers a wide range of exchange visitor programs including research scholars, professors, au pairs, summer work travel participants, and others sponsored by designated exchange programs. Many J-1 visa holders are subject to a two-year home residency requirement upon completion of their program.

General Path: The applicant is accepted into a federally designated exchange program, which issues the required enrollment documentation. The individual then applies for a J-1 visa at a U.S. consulate. Those subject to the two-year foreign residency requirement may need a waiver before changing to certain other visa categories.Helpful Documents: Program acceptance documentation, evidence of financial support, proof of English proficiency where required2–8 weeks

Non-Immigrant

K-1 — Fiancé(e) Visa

A U.S. citizen may petition for their foreign fiancé(e) to enter the United States for the purpose of marriage. The couple must have met in person within the past two years and must marry within 90 days of the fiancé(e)'s admission. Following marriage, the foreign spouse may apply for permanent residency.

General Path: The U.S. citizen petitioner files on behalf of their fiancé(e), establishing the qualifying relationship and intent to marry. After approval and a consular interview abroad, the fiancé(e) enters the U.S. and the couple must marry within the required timeframe before pursuing the next step toward permanent residency.Helpful Documents: Proof of bona fide relationship, evidence of in-person meeting, proof of petitioner's U.S. citizenship, police clearances, financial support documentation8–18 months

2025–26 Policy: K-1 & Adjustment of Status — Policy Alert

Non-Immigrant

R-1 — Religious Worker

Qualified ministers and other religious workers coming to the United States to work temporarily in a religious vocation or occupation for a qualifying nonprofit religious organization may be eligible for this category.

General Path: The sponsoring religious organization files a petition on behalf of the worker, demonstrating its nonprofit status and the worker's qualifying religious role. Upon approval, the worker may enter or remain in the U.S. to carry out the religious duties described.Helpful Documents: Evidence of the organization's religious nonprofit status, description of the religious role, evidence of the worker's qualifications and religious training3–5 months

Non-Immigrant

U — Crime Victim

Foreign nationals who have suffered substantial physical or mental abuse as victims of certain qualifying crimes and who have been, are being, or are likely to be helpful to law enforcement in the investigation or prosecution of those crimes may be eligible for this humanitarian status.

General Path: The applicant petitions with the cooperation of a certifying law enforcement agency. Due to annual numerical limits, approved petitioners are often placed on a waiting list and may receive deferred action in the interim. This is a highly sensitive process best handled with experienced legal counsel.Helpful Documents: Law enforcement certification of helpfulness, personal statement, medical or psychological documentation of harm4–7+ years (waitlist)

Non-Immigrant

T — Human Trafficking Victim

Victims of severe forms of human trafficking who are present in the United States as a result of trafficking and who comply with reasonable law enforcement requests may be eligible for this protective status. It may also extend to certain qualifying family members.

General Path: The victim applies directly to the federal agency handling the program, often with a supporting law enforcement endorsement. Approved applicants may receive status and, in some cases, work authorization. Victims are strongly encouraged to seek legal assistance before applying.Helpful Documents: Personal declaration, law enforcement endorsement where available, evidence supporting the trafficking claim18–24 months

Change of Status

Changing Your Visa Classification

Important Notice — 2026: Federal immigration policy is subject to change and may significantly affect the availability of certain filing options. The information on this page is general and educational in nature. Do not rely on this content as legal advice. Please consult with an immigration attorney before taking any action regarding your status.

Change of Status

Visitor → Student

A foreign national who entered the U.S. as a visitor and has since been accepted into a qualifying full-time academic program may be able to change their status to that of a student without departing the country, provided the change is requested before the visitor status expires and studies have not yet begun.

General Path: After securing acceptance into an approved institution and receiving the necessary enrollment documentation, the individual applies to change their nonimmigrant classification while remaining in the United States. Timing is critical and legal guidance is recommended.Helpful Documents: School acceptance letter, enrollment program documentation, proof of financial ability to support studies3–6 months

Change of Status

Student → Specialty Occupation Worker

Foreign students who have graduated and are working under post-completion practical training may be eligible to transition to a specialty occupation work visa if sponsored by a qualifying employer. This requires participation in the annual selection process and careful attention to timing to avoid gaps in authorization.

General Path: A sponsoring employer participates in the annual registration process on the student's behalf. If selected, the employer files a full work visa petition. The individual's status transitions on the first day of the applicable fiscal year, and careful coordination is needed to bridge any gap between practical training expiration and that date.Helpful Documents: Academic records, evidence of qualifying degree, current work authorization documentation, employer offer and supporting documentationLottery April; starts Oct 1

Change of Status

Work Visa Holder → Permanent Resident

Many foreign workers in specialty occupation status ultimately pursue permanent residency through employer sponsorship or, in some cases, through self-petition. The path to a green card from work visa status typically involves multiple stages and can take years depending on the applicant's country of birth and the applicable employment-based category.

General Path: Depending on the category pursued, the employer may first be required to conduct a federally supervised labor market test. The employer then files an immigrant petition on behalf of the worker. Once a visa number is available, the worker may apply for permanent resident status either within the U.S. or at a consulate abroad.Helpful Documents: Employment records, educational credentials, evidence of ongoing qualifying employment, financial sponsorship documentation, medical examination, police clearances1–5+ years (country-dependent)

2025–26 Policy: AoS Discretion Memo — May 2026

Change of Status

Fiancé(e) Visa Holder → Conditional Resident

A foreign national who entered the United States on a fiancé(e) visa and married the U.S. citizen petitioner within the required 90-day period may apply to adjust their status to that of a conditional lawful permanent resident. This step must be completed before the fiancé(e) status expires.

General Path: Following the marriage ceremony, the couple jointly files for adjustment of status, with the U.S. citizen also filing a spousal petition. The foreign national may simultaneously request work and travel authorization. After two years, the conditional status can be converted to permanent through a joint filing demonstrating the bona fide nature of the marriage.Helpful Documents: Marriage certificate, evidence of bona fide marriage (joint finances, cohabitation, photos), medical examination, police clearances, financial support documentation10–18 months

Change of Status

Intracompany Transferee → Permanent Resident

Multinational managers and executives who have been working in the U.S. through an intracompany transfer visa may be eligible for a direct path to permanent residency that does not require the standard labor market testing process, based on the qualifying nature of their managerial or executive role.

General Path: The sponsoring U.S. employer files an immigrant petition on behalf of the manager or executive, demonstrating the qualifying corporate relationship and the individual's senior role. Once approved, the individual may apply for permanent residence when a visa number is available.Helpful Documents: Evidence of qualifying managerial or executive duties, corporate organizational charts, employment history with the organization, financial records of the company6 months–2 years

Change of Status

Treaty Investor → Immigrant Investor

A treaty investor currently in the U.S. on a nonimmigrant status may seek to transition to permanent residency through the immigrant investor program, provided they meet the substantially higher capital investment and job creation thresholds required for that category.

General Path: The investor files an immigrant petition demonstrating that a qualifying capital investment has been made in a new commercial enterprise and that the required number of full-time jobs for U.S. workers will be created. Approval leads to conditional permanent residency, which may be converted to full permanent residency after conditions are removed.Helpful Documents: Comprehensive documentation of investment source and transfer, business plan, evidence of job creation or projection, organizational and financial records3–5 years

Change of Status

Any Status → Spouse-Based Green Card

The spouse of a U.S. citizen who is currently present in the United States in a lawful nonimmigrant status may, in certain circumstances, apply to adjust their status to that of a permanent resident without departing the country. Current federal policy has significantly impacted this pathway — consulting an attorney before taking any action is strongly advised.

General Path: The U.S. citizen spouse files a petition establishing the qualifying marriage, and the foreign national concurrently applies for adjustment of status, travel authorization, and work authorization. The couple must demonstrate the bona fide nature of the marriage throughout the process.Helpful Documents: Marriage certificate, evidence of genuine marital relationship, proof of lawful entry and status, financial sponsorship documentation, medical examination, police clearances12–24 months (subject to current policy)

2025–26 Policy: AoS Discretion Memo — May 2026

Change of Status

Nonimmigrant → Extraordinary Ability Immigrant

Individuals currently in the U.S. on various nonimmigrant work or exchange visas who have risen to the top of their field may be eligible to self-petition for permanent residency based on extraordinary ability, without requiring an employer sponsor or a job offer.

General Path: The individual files a self-petition demonstrating sustained national or international acclaim through extensive documentary evidence. If approved, the applicant may apply for adjustment of status to permanent resident, provided a visa number is available in the applicable category.Helpful Documents: Evidence of major awards or prizes, published material about the individual's work, documentation of critical role in distinguished organizations, evidence of high salary or remuneration, expert recommendation letters6–18 months

2025–26 Policy: EB-1A Self-Petition Policy — USCIS

Green Card — Family

Permanent Residency Through Family

Spouse of U.S. Citizen

This is the fastest family-based permanent residency pathway. As an immediate relative, the foreign spouse is not subject to annual numerical limits. The U.S. citizen initiates the process, and the foreign spouse may be eligible to complete it either within the United States or through a consulate abroad, depending on their circumstances.

Minor Child of U.S. Citizen

Unmarried children under the age of 21 qualify as immediate relatives, meaning no annual cap applies. Biological, legally adopted, and stepchildren may be eligible depending on the specific facts. The U.S. citizen parent sponsors the child, who then pursues the applicable immigrant pathway.

Parent of Adult U.S. Citizen

A U.S. citizen who is at least 21 years old may petition for a parent to immigrate as an immediate relative. Both parents and stepparents may qualify in certain circumstances. No annual cap applies, making this a relatively efficient family-based pathway once the petition is approved.

Removal of Conditions

Foreign spouses who received permanent residency within the first two years of marriage receive a conditional green card. Before that card expires, the couple must jointly demonstrate that the marriage was and remains genuine. Failure to timely file may jeopardize permanent resident status.

Spouse of Lawful Permanent Resident

Lawful permanent residents may sponsor their spouses, but unlike immediate relatives of U.S. citizens, this category is subject to annual numerical limits. Wait times vary based on the applicant's country of birth, and the sponsoring LPR's status must be maintained throughout the process.

VAWA Self-Petition

Individuals who have experienced abuse at the hands of a U.S. citizen or lawful permanent resident spouse, parent, or child may be able to self-petition for immigration relief confidentially. The abuser is not notified of the filing. This is a sensitive process that benefits greatly from experienced legal guidance.

H-4 Spouse Pathways

Work Authorization & H-1B Options for H-4 Spouses

You Have More Options Than You Think

Spouses of H-1B visa holders may have access to various immigration pathways, depending on their personal qualifications, the principal visa holder's circumstances, and evolving federal policy. The information below is intended as general educational content only. Immigration law is complex and fact-specific — please schedule a consultation to discuss your individual situation with a qualified attorney.

H-4 EADWork authorization tied to spouse's I-140 approval

H-1B LotteryEnter as an independent cap-subject applicant

O-1 / TN / L-1Alternative work visas that bypass the lottery

Pathway 1 — H-4 EAD (Employment Authorization Document)

H-4 EAD: Work Authorization for H-4 Spouses

Work Permit

In certain circumstances, spouses of H-1B visa holders may be eligible to apply for employment authorization, potentially allowing them to work without restriction as to employer or field. Eligibility depends on the stage of the H-1B principal's immigration journey. An immigration attorney can assess whether you currently qualify or may qualify in the future.

Verify that the H-1B principal's employer has taken the necessary steps in the employment-based immigration process
An employment authorization application may be filed with the appropriate federal agency
Extensions of dependent status and work authorization applications may be filed together in certain circumstances
Upon approval, work authorization may be available without employer or field restrictions
Timely renewal is important — consult an immigration attorney well before expiration

Processing: 3–6 months standard · 15 business days with premium processing (I-907)

Important Notice: The availability of certain work authorization categories for dependent visa holders is subject to change based on federal policy, regulatory developments, and litigation. The information on this page reflects general educational content only and does not constitute legal advice. Immigration law changes frequently — always consult a qualified immigration attorney before making any decisions regarding your status or work authorization.

Pathway 2 — Enter the H-1B Lottery Independently

Independent Eligibility May Be Available

H-4 visa holders who independently meet the requirements for a specialty occupation work visa may be eligible to pursue that status through their own employer sponsor. Holding H-4 status does not, by itself, preclude an individual from seeking an independent work visa classification. Whether this pathway is available depends on the individual's qualifications, the employer's willingness to sponsor, and other case-specific factors. Consult an attorney to evaluate your specific situation.

85,000Annual H-1B cap slots

~20%Approx. selection rate (varies by year)

Oct 1H-1B status start date

H-4 → H-1B Change of Status via Lottery

H-1B Lottery

H-4 visa holders who independently qualify for specialty occupation work visa status may be sponsored by an employer to participate in the annual selection process. Those already present in the United States on valid dependent status may be able to change their status without departing the country, subject to various conditions and timing requirements. Individual circumstances vary significantly — consult an attorney to evaluate your eligibility.

A qualifying employer must be willing to sponsor and participate in the annual registration process on your behalf
Registration is conducted through the federal agency's online system during a designated window each year
Selection is random — those chosen are notified and may proceed to the full petition stage
If selected, the employer works with immigration counsel to file the necessary petition before the applicable deadline
Maintaining valid dependent status throughout the process is essential — consult an attorney about your specific timeline
International travel during a pending change-of-status application can have significant consequences — seek counsel before traveling
New work visa status, if approved, generally begins at the start of the applicable fiscal year

Lottery: March · Filing: April 1+ · Status begins: October 1

H-1B Wage Levels Explained: Level 1 through Level 4

Work visa petitions in specialty occupation categories involve a wage classification process that considers the role's requirements and the geographic area where work will be performed. There are four general wage levels that may apply, each reflecting a different level of experience and responsibility. The information below is provided for general educational purposes only — specific wage determinations require consultation with a qualified immigration attorney.

Entry Level

Workers with limited or no experience who perform routine tasks under close supervision. Typically recent graduates with no significant prior work in the specialty.

Junior Software Developer

Entry-Level Financial Analyst

Associate Engineer (0–2 yrs)

Staff Accountant I

Qualified

Workers who have attained the qualifications for the occupation through experience and education. Perform moderately complex tasks with limited supervision.

Software Engineer (2–5 yrs)

Financial Analyst II

Civil Engineer (mid-level)

Data Analyst

III

Experienced

Workers who have a good understanding of their occupation and exercise independent judgment. May coordinate or lead projects; recognized as senior contributors.

Senior Software Engineer

Senior Financial Analyst

Project Manager / Tech Lead

Principal Engineer

Fully Competent

Workers who apply advanced skills and extensive experience. Exercise significant independent judgment; may manage teams or programs. Top of the occupational range.

Staff / Principal Engineer

Director of Engineering

Senior Manager / VP-level

Chief Architect

Why it matters: Wage levels play an important role in the work visa petition process and are subject to review by federal agencies. The appropriate wage level for any given position depends on a range of factors including job duties, experience, and location. Employers and applicants are strongly encouraged to work with qualified immigration counsel to ensure all filings accurately reflect the position's requirements.

Pathway 3 — Alternative Work Visas (No Lottery Required)

O-1 — Extraordinary Ability Visa

No Lottery

Certain nonimmigrant work visa categories exist that are not subject to annual numerical limits or lottery selection. These may be available to individuals who can demonstrate a distinguished record of achievement in their field. Eligibility requirements are specific and the evidentiary burden is significant — an attorney can evaluate whether this pathway may be appropriate for your background.

2–4 months · No annual cap

TN — USMCA Professional (Canada & Mexico nationals only)

No Lottery

Nationals of certain countries may have access to specialized work authorization categories under trade agreements between the United States and their home country. These categories may offer a more streamlined process for qualifying individuals in specific professional fields. Eligibility is determined by citizenship, profession, and job offer, among other factors.

Same-day (CA border) · 2–3 months (MX via I-129)

L-1B — Specialized Knowledge Transfer

Employer-Specific

Employees of multinational organizations may have access to intracompany transfer visa categories depending on their role, knowledge, and the relationship between their foreign employer and a U.S. affiliated entity. Eligibility requirements involve multiple factors specific to both the employer and the employee's position.

2–4 months · No lottery

EB-2 National Interest Waiver (NIW) — Green Card Self-Petition

Green Card Path

Certain employment-based immigrant visa categories may allow qualified individuals to pursue permanent residency without a traditional job offer, depending on the nature of their work and qualifications. This is a complex legal pathway with a demanding standard of proof. Outcomes are highly fact-specific — professional legal counsel is essential.

A qualifying advanced degree or demonstrated exceptional ability in a field may be required
The nature and impact of the work in question is considered as part of the evaluation
Evidence demonstrating the applicant's qualifications and positioning in their field is typically necessary
This pathway involves a complex legal standard — professional legal guidance is strongly recommended

I-140: 6–18 months · Green card timeline varies by country of birth

Quick Comparison: Which Path Is Right for You?

Pathway	Requirement	Lottery?	Work Scope	Timeline
H-4 EAD	Spouse's I-140 approved	No	Any employer, any field	3–6 months
H-1B (Lottery)	Employer sponsor + degree	Yes (~20%)	Sponsoring employer only	Oct 1 if selected
O-1	Extraordinary ability evidence	No	Sponsoring employer / agent	2–4 months
TN	CA/MX national + USMCA profession	No	Sponsoring employer only	Same-day–3 months
L-1B	Multinational employer + specialized knowledge	No	Same multinational company	2–4 months
EB-2 NIW	Advanced degree + national interest	No	Any employer (green card)	1–3+ years

Your Journey to America Starts Here

Immigration Landscape — 2025–2026

Adjustment of Status Now Treated as Discretionary

Benefit Applications Paused for 39 Countries

H-1B Lottery Weighted Toward Higher-Paid Workers

Travel Ban Expanded to 39 Countries

Automatic EAD Extensions Eliminated

Tougher Naturalization Civics Test in Effect

$100,000 Fee Required for New H-1B Petitions

Broad NTA Issuance Reinstated

$100K Fee + Weighted Lottery (2026)

May 2026 Discretion Memo

39-Country Benefit Freeze

No More Auto-Extensions

2025 Civics Test — Higher Bar

NTAs Issued to Benefit Applicants

New Fee Schedule & Electronic Payment Only

Social Media Reviewed for All Applications

Immigrationpeer LLC

Immigration Counsel You Can Trust

Meet Our Attorney

Yarhmaan Peerbaccus

What We Offer

Family-Based Immigration

Employment-Based Immigration

Investor & Business Visas

Citizenship & Naturalization

Removal Defense & Appeals

Status & Renewals

Visa Types & Requirements

Permanent Residency Pathways

IR-1 / CR-1 — Spouse of U.S. Citizen

IR-2 — Child of U.S. Citizen (Under 21)

IR-5 — Parent of U.S. Citizen (21+)

F-2A — Spouse / Child of LPR

F-2B — Unmarried Child of LPR (21+)

F-3 — Married Child of U.S. Citizen

F-4 — Sibling of U.S. Citizen

EB-1 — Priority Workers

EB-2 — Advanced Degree / NIW

EB-3 — Skilled / Professional Workers

EB-4 — Special Immigrants

EB-5 — Immigrant Investor

DV — Diversity Visa Lottery

Temporary Status Categories

B-1 / B-2 — Visitor (Business / Tourism)

F-1 — Academic Student

H-1B — Specialty Occupation Worker

H-2A — Temporary Agricultural Worker

H-2B — Temporary Non-Agricultural Worker

L-1A / L-1B — Intracompany Transferee

O-1 — Extraordinary Ability

TN — USMCA Professional

E-1 / E-2 — Treaty Trader / Investor

J-1 — Exchange Visitor

K-1 — Fiancé(e) Visa

R-1 — Religious Worker

U — Crime Victim

T — Human Trafficking Victim

Changing Your Visa Classification

Visitor → Student

Student → Specialty Occupation Worker

Work Visa Holder → Permanent Resident

Fiancé(e) Visa Holder → Conditional Resident

Intracompany Transferee → Permanent Resident

Treaty Investor → Immigrant Investor

Any Status → Spouse-Based Green Card

Nonimmigrant → Extraordinary Ability Immigrant

Permanent Residency Through Family

Spouse of U.S. Citizen

Minor Child of U.S. Citizen

Parent of Adult U.S. Citizen

Removal of Conditions

Spouse of Lawful Permanent Resident

VAWA Self-Petition

Work Authorization & H-1B Options for H-4 Spouses

You Have More Options Than You Think

H-4 EAD: Work Authorization for H-4 Spouses

Independent Eligibility May Be Available

H-4 → H-1B Change of Status via Lottery