Hiring a foreign national to work in the US means taking on a significant compliance role. Unlike many countries where the worker leads their own visa application, most US work authorisation pathways require the employer to file the petition, attest to wages and working conditions, and maintain ongoing obligations throughout the employment. Getting the process right from the start protects both the worker and your company from status issues down the line.
Work authorisation in the us: an employer’s responsibility
Every person working in the US must be authorised to do so, and employers are legally required to verify that authorisation before work begins. That obligation applies to US citizens and foreign nationals alike through the Form I-9 process. For foreign nationals who need a visa, the employer is typically the sponsor, which means you’re responsible for filing petitions, paying fees, and meeting the legal requirements that come with sponsorship.
The most common employer-sponsored work visa categories are the H-1B, the L-1, and the O-1. Other pathways exist for specific nationalities and professions.
The h-1b visa: specialty occupations
The H-1B is the primary work visa for professional roles requiring at least a bachelor’s degree in a specific field, or equivalent experience. It covers a wide range of roles in technology, finance, engineering, architecture, accounting, and similar fields.
The H-1B is subject to an annual cap: 65,000 visas for the regular category and an additional 20,000 for beneficiaries with a US master’s degree or higher. Demand consistently exceeds supply, so USCIS runs a lottery each year. For the FY2027 cap, the registration period ran from March 4 to March 19, 2026. USCIS received enough registrations to fill the cap and conducted the selection process after the registration period closed.
A significant change took effect for the FY2027 season: the selection process now weights registrations by wage level. Workers whose proffered wage falls in the highest Occupational Employment and Wage Statistics (OEWS) wage level for their occupation and location are more likely to be selected than those at lower wage levels. This rule became effective February 27, 2026. The registration fee is $215 per beneficiary.
If your worker is selected, you file an H-1B petition with USCIS after receiving the selection notice. Before filing, you must complete a Labor Condition Application (LCA) with the Department of Labor. The H-1B is initially valid for 3 years, with a 3-year extension available. If the worker is on a green card track, extensions beyond 6 years are available. The H-1B is tied to your company: if employment ends, the worker’s status is affected.
The l-1 visa: intracompany transfers
The L-1 is for employees transferring from a related foreign entity to a US operation. It has two subcategories.
L-1A covers managers and executives. It’s valid for up to 3 years initially, with extensions up to a total of 7 years. L-1A holders are often on a fast track to an EB-1C green card.
L-1B covers employees with specialised knowledge of the company’s products, services, procedures, or markets. It’s valid for up to 3 years, with extensions up to a total of 5 years.
There’s no annual cap on the L-1. The employer files Form I-129 with USCIS. To qualify, there must be a qualifying relationship between the US entity and the foreign entity (parent, subsidiary, affiliate, or branch), and the transferring employee must have worked for the foreign entity for at least 1 continuous year within the preceding 3 years.
Other work visa categories
The US has several other employer-sponsored categories that apply in specific circumstances.
O-1 is for individuals with extraordinary ability or achievement in their field: sciences, arts, education, business, or athletics. The standard is high: the applicant must demonstrate sustained national or international acclaim. There’s no annual cap. The O-1 is valid for up to 3 years initially, with 1-year extensions. The employer or an agent files the petition.
TN is available to Canadian and Mexican citizens under the USMCA (formerly NAFTA). It covers a specific list of qualifying professions including engineers, accountants, scientists, and others. There’s no annual cap. Canadian citizens can be admitted at a US port of entry without a visa; Mexican citizens require a TN visa issued at a US consulate. TN status is valid for up to 3 years and is renewable.
E-3 is for Australian citizens in specialty occupation roles. The standard is the same as the H-1B. The annual cap is 10,500, which hasn’t historically been reached. The E-3 is valid for 2 years and is renewable indefinitely.
The lca and prevailing wage requirement
Before filing an H-1B petition, employers must submit a Labor Condition Application to the Department of Labor. The LCA requires you to attest to several things: that you’ll pay the worker at least the prevailing wage for the occupation and location, that working conditions won’t adversely affect similarly employed workers, and that there’s no strike or lockout at the worksite.
The prevailing wage is determined by reference to the OEWS wage levels published by the DOL. You must pay at least the wage level you certified on the LCA. Underpaying a sponsored worker is a compliance violation that can result in back wages, debarment from future sponsorship, and other penalties.
The LCA must be posted at the worksite or made available to the public. You’re also required to maintain a public access file containing the LCA and supporting documentation.
I-9 compliance and e-verify
Every employer must complete Form I-9 for every new hire, regardless of citizenship or visa status. The I-9 verifies the employee’s identity and their authorisation to work in the US. The completed form must be retained in your records, separate from the personnel file, for 3 years from the date of hire or 1 year after termination, whichever is later.
Employees must present their documents within 3 business days of their start date. Employers review the documents, confirm they’re genuine and relate to the employee, and complete the employer section of the I-9. You can’t specify which documents an employee must present, and you can’t over-document.
E-Verify is an online system that cross-references I-9 information against federal databases. It’s mandatory for federal contractors and sub-contractors, and required by law in several states. Most private employers participate voluntarily. E-Verify doesn’t replace the I-9. It’s an additional verification step that runs after the I-9 is completed.
Employer obligations for sponsored workers
Sponsoring a foreign national creates ongoing compliance obligations that extend beyond the initial petition.
For H-1B workers, you must pay the wage certified on the LCA throughout the employment, including during any non-productive time (bench periods). If employment ends before the visa expires, you’re responsible for paying the reasonable cost of the worker’s return transportation home. You must notify USCIS when employment terminates.
For all sponsored workers, any material change in the terms and conditions of employment (a change in job duties, location, or compensation) may require a new petition or an amendment to the existing one. Failing to file when required can put the worker’s status at risk and create liability for the employer.
Premium processing is available for certain petition types including H-1B, L-1, and O-1. The fee is $2,805 in 2026, and it guarantees USCIS will take action within 15 business days of receipt. It doesn’t guarantee approval, but it reduces uncertainty when timing matters.
Green card sponsorship
Many foreign nationals on work visas are also pursuing permanent residency. Employer sponsorship is typically required for the employment-based green card categories.
EB-1 covers priority workers: individuals with extraordinary ability (no employer needed), outstanding professors and researchers, and multinational managers and executives (employer required). EB-1 is the fastest track and doesn’t require PERM labor certification.
EB-2 covers professionals with advanced degrees or exceptional ability. Most EB-2 cases require PERM labor certification: a DOL process that tests the US labor market to confirm no qualified US workers are available for the position. EB-2 National Interest Waivers are available in some cases without PERM.
EB-3 covers skilled workers, professionals, and other workers. PERM labor certification is generally required. Processing times for EB-3 are longer than EB-1, and nationals from India and China face significant backlogs due to per-country limits.
Green card sponsorship is a long-term commitment. Understand the timelines and obligations before you begin the process.
How an EOR supports international hiring in the us
Sponsoring a work visa requires a US legal entity. Without one, you can’t be the petitioner on an H-1B or L-1. An Employer of Record (EOR) provides the US entity infrastructure that makes sponsorship possible when you don’t have your own legal presence in the country.
An EOR also handles the ongoing compliance layer: I-9 verification, payroll and tax withholding, LCA compliance, and notifications to USCIS when employment status changes. For companies expanding into the US or hiring their first US-based employees, this removes the need to build a US compliance function before you have the volume to justify it. You can compare providers through this breakdown of EOR services.
If you’re looking to hire foreign nationals in the US or support workers who need visa sponsorship, book a demo to see how RemotePass handles US work authorisation and employment compliance.
