US visas and green cards – an overview for newcomers

Citizens of the 42 Visa Waiver Program countries (most EU countries, the United Kingdom, Australia, Japan and South Korea, among others) can travel to the US for business or tourism for up to 90 days without a visa, with an approved ESTA travel authorisation. Canadian citizens can usually visit without a visa.

An ESTA does not guarantee entry: CBP officers decide admissibility on arrival. And it never allows you to live, work or study in the United States. Even if you can visit visa-free, you need the right immigrant or nonimmigrant visa to move.

The H-1B is for jobs in a specialty occupation that normally require at least a US bachelor's degree in a directly related field, or its equivalent. You need the degree or an equivalent (a foreign degree, a full state licence, or a combination of education, training and experience).

• Annual cap. There are 65,000 new H-1B visas or statuses a year, plus 20,000 for people with a master's degree or higher from a US institution. Some employers, such as universities, are exempt.
• Registration and selection. For capped jobs your employer first submits an electronic registration during a registration period of at least 14 days each year. If there are more registrations than places, USCIS runs a weighted selection that takes the offered wage level into account. Only selected registrations can file a petition, for a start date of 1 October or later.
• Length. Usually up to 3 years, extendable to a total of 6 years.
• $100,000 payment. A presidential proclamation of 19 September 2025 required an extra $100,000 payment for certain new H-1B petitions for workers outside the United States. In June 2026 a federal court vacated the agency guidance implementing it, and in July 2026 the appeals court refused to pause that order; DHS says it will comply for now but plans to collect the payment if the order is lifted. On 18 September 2026 the President extended the proclamation until 21 September 2027. Check the USCIS H-1B page for the current position.

The L-1 lets a multinational employer transfer you from an office abroad to a related US office. You must generally have worked for the qualifying organisation abroad for one continuous year within the three years before your admission. L-1A is for managers and executives: the initial stay is up to 3 years (1 year to open a new office), with extensions of up to 2 years at a time to a maximum of 7 years. L-1B covers employees with specialised knowledge.

Spouses and unmarried children under 21 can come in L-2 status. Spouses in L-2 status are authorised to work incident to their status; an I-94 showing the code L-2S counts as proof of work authorisation.

The O-1 is for people with extraordinary ability in the sciences, education, business or athletics (O-1A) or in the arts, or extraordinary achievement in film and television (O-1B), shown through sustained national or international recognition. A US employer or agent files the petition, which must include a written advisory opinion (consultation) from a peer group, labour organisation or expert in your field. The initial stay is up to 3 years, with extensions in increments of up to one year. Spouses and children can come in O-3 status.

To study you first need admission to a school certified by the Student and Exchange Visitor Program, which issues a Form I-20 (F-1 and M-1 students). Exchange visitors receive a Form DS-2019 from their programme sponsor (J-1). You then pay the I-901 SEVIS fee and apply for the visa at a consulate. Dependants need their own I-20 or DS-2019.

F-1 students may not work off campus during their first academic year, but may accept on-campus jobs within limits. Afterwards, off-campus work is possible only through Curricular Practical Training (CPT), Optional Practical Training (OPT) or the STEM OPT extension. Ask your designated school official before you take any job.

Most green cards need two steps: an immigrant petition, usually filed by someone else for you, and then a green card application.

• Family: a US citizen or permanent resident relative files Form I-130.
• Employment: usually an employer files Form I-140 in the first (EB-1), second (EB-2) or third (EB-3) preference category; some people can petition for themselves.
• Diversity Visa lottery: the Department of State makes up to 50,000 immigrant visas a year available by random selection among entrants from countries with low rates of immigration to the US.
• Other routes include refugee or asylee status and special immigrant categories.

When a visa number is available, you apply either through consular processing abroad (an immigrant visa) or, if you are already in the US and eligible, through adjustment of status with Form I-485. The process usually includes biometrics and an interview. Waiting times depend heavily on the category and your country of birth; the Department of State's monthly Visa Bulletin shows which priority dates are current.

• Check your I-94 after every entry and diary the "admit until" date. Your employer or school must file for an extension or change of status before it runs out.
• Report every change of address to USCIS within 10 days of moving, online through your USCIS account or with Form AR-11. This applies to all non-citizens except A and G visa holders and visa waiver visitors.
• Do only what your status allows. Unauthorised work or study can end your status and affect future applications.
• Public benefits. A new federal public charge rule took effect on 18 September 2026 and changes how using some public benefits can affect green card and certain visa applications. Do not stop using benefits or City services you need without first speaking to a trusted legal provider.

Immigration rules changed often in 2025 and 2026. Use uscis.gov and travel.state.gov as your references, and get advice from an immigration lawyer or a Department of Justice accredited representative if your case is not straightforward. In New York City, the free MOIA Immigration Legal Support Hotline (800-354-0365, or call 311 and say "Immigration Legal") answers policy questions and refers you to City-funded, free and safe legal help. Avoid notarios and "immigration consultants" who are not lawyers.