A senior hire from outside the United States needs a work-authorised status before starting, and the family usually needs its own. The rules and the government's guidance have shifted several times recently and change often, so what follows describes the usual routes and the order of steps rather than anything final. Companies generally work with immigration counsel on the filing, and nothing here is legal advice.
Before the offer is made
Companies tend to settle the route first, because it decides the timetable. A transfer inside a multinational follows a different path from a hire from outside the group, and some routes depend on a yearly registration that only opens in spring.
Candidates are usually asked early for passport details, degree certificates and a work history, and for marriage and birth certificates if the family will come. Offer letters commonly say that the start date depends on the visa being approved.
L-1A: transfer of a manager or executive within a group
USCIS describes the L-1A for people coming to the United States to work in an executive or managerial capacity for a company that is related to their foreign employer. The U.S. employer must have a qualifying relationship with the foreign company, such as parent, branch, subsidiary or affiliate, and must do business in the United States and at least one other country.
The employee generally must have worked for the qualifying organisation abroad for one continuous year within the three years before admission. USCIS sets extra conditions where the U.S. office is new.
The initial stay is up to three years, or up to one year for a new office. Extensions come in steps of up to two years, with a total limit of seven years. Because the foreign employment has to be inside the same group, this route suits internal transfers more than outside hires.
H-1B and the registration lottery
The H-1B is for specialty occupations, which USCIS describes as roles needing at least a bachelor's degree in a directly related specialty or the equivalent. The employer files, and a Labor Condition Application certified by the Department of Labor goes with the petition.
Employers subject to the cap first submit an electronic registration, typically in March, and only selected registrations can support a petition. USCIS states the cap as 65,000 new statuses or visas a year, plus 20,000 for people with a U.S. master's degree or higher. Cap-subject petitions need a start date of 1 October or later. Universities and certain nonprofit and government research organisations are not subject to the cap.
Initial approval is generally up to three years, extendable to six in total.
USCIS's page also describes a payment required under a Presidential Proclamation for certain petitions filed on or after 21 September 2025, mainly for people outside the United States. The same page records a federal court order in June 2026 vacating the guidance that applies it, and says DHS will comply while it considers next steps. This is the kind of point that has been moving, and the current position is on the USCIS page.
O-1A: extraordinary ability in business
The O-1A covers people with extraordinary ability in the sciences, education, business or athletics who have sustained national or international acclaim and are coming to continue work in that field. USCIS describes this as the small percentage at the very top of a field, and the evidence has to meet at least three of the types of documentation listed in the regulations.
A U.S. employer or U.S. agent files, together with a written advisory opinion from a peer group or expert. The petition can be filed up to one year before the services are needed, and USCIS suggests filing at least 45 days before the start. The initial stay is up to three years. A spouse and children under 21 may apply for O-3 status, and USCIS states that O-3 dependants may not work but may study.
E-1 and E-2 treaty routes
These routes depend on nationality. A treaty trader (E-1) or treaty investor (E-2) must be a national of a treaty country, and employees must generally share the nationality of the employer and hold executive or supervisory duties or have special qualifications. USCIS says an E-1 employer that is an organisation must be at least 50 per cent owned by U.S.-based persons of that nationality.
A person outside the United States cannot use Form I-129 for these routes and applies for the visa through the State Department. The initial stay is up to two years, with extensions in steps of up to two years and no stated limit on the number of extensions. For senior people, the question is often whether the employer's own nationality and structure fit the rule.
EB-1C: a later green-card route
USCIS describes the EB-1 category for multinational executives and managers as a green-card route. The worker must have spent at least one year in the previous three working outside the United States for a related entity, the U.S. petitioner must have been doing business for at least one year, and the U.S. role must be managerial or executive.
The employer files Form I-140, not the individual, and USCIS states that no labor certification is required. The employer must show a continuing ability to pay the offered wage. Companies often treat it as a step after a period in L-1A status, and counsel can say whether a particular case fits.
Who files, and what the consulate does
For the temporary routes above, the employer or its agent files a petition (Form I-129) with USCIS. According to the State Department, USCIS must approve the petition before the applicant can apply for the visa. The interview is then booked at a U.S. embassy or consulate, and the receipt number from the approved petition is used to schedule it. The State Department also says an approved petition does not guarantee a visa.
So there are two separate decisions, one by USCIS on the petition and one by a consular officer on the visa. Family members normally apply for their own visas, and each embassy publishes its own appointment and document instructions.
Bringing the family, and who may work
L-2 status is for a spouse and unmarried children under 21 of an L-1 holder, and USCIS says spouses in valid L-2S status are employment authorised incident to status. For E-1 and E-2, USCIS says the same of spouses in valid E status.
H-4 is the status for the spouse and children under 21 of an H-1B holder. USCIS says certain H-4 spouses may apply for work authorisation on Form I-765 once the H-1B worker's employment-based green-card process has started. O-3 dependants may not work.
Because work rights differ by route, a spouse's career plans are often one of the first questions a senior candidate raises, and the offer discussion tends to cover it.
The usual order of steps
Companies tend to settle the route and any registration window first, then make the offer with a start date that depends on approval. The employer's counsel files the petition with USCIS, and after approval the employee books the consular interview. The employee then travels and is admitted, and the family follows on its own visas.
After arrival, the employer completes the I-9 and the employee applies for a Social Security number. Delays tend to come from the registration calendar, the petition's processing time and consular appointment availability.
I-9, Social Security number, tax and driving
On the I-9, USCIS says the new employee completes Section 1, attesting to their employment authorisation, and the employer or its representative completes Section 2 by examining the employee's documents. The deadlines for each section are in USCIS's I-9 guidance.
A Social Security number is applied for through the Social Security Administration once the person has work authorisation, and the SSA's website has the current document list.
For tax, the IRS describes the substantial presence test as the way to decide whether a person counts as a U.S. resident for tax purposes in a year. A person must be present at least 31 days in the current year, and the weighted total must reach 183 days, counting all days in the current year, one-third of the days in the previous year and one-sixth of those in the year before. The IRS says some days are not counted and a closer connection exception can apply, so the first year is often reviewed with a tax adviser.
Driving licences are issued by each state, so the rules and the paperwork depend on where the family settles. The state's motor vehicle agency publishes them.
What about schooling and housing?
These are not immigration matters, but they often decide whether a family settles. In general practice, school choices and district boundaries tend to shape where families look for housing, so the two are usually decided together, and many companies provide a short-term stay before a lease is signed.
Questions clients and candidates ask
Does the employer or the employee apply?
For the temporary routes the employer or its agent files the petition with USCIS. The employee then applies for the visa and attends the consular interview. A green-card petition under EB-1C is also filed by the employer.
Can a spouse work in the United States?
It depends on the route. USCIS states that L-2S and E-1 or E-2 spouses are employment authorised incident to status, that certain H-4 spouses may apply once the green-card process has started, and that O-3 dependants may not work.
Is the H-1B decided by lottery?
For employers subject to the cap, yes in the sense that registrations are selected, and only selected registrations can support a petition. USCIS says registration is typically in March. Cap-exempt employers do not register.
Where are the current rules published?
USCIS, the State Department's travel.state.gov, the IRS and the Social Security Administration publish the rules and the current fees. They change often, so companies tend to check them at the time of filing.
Sources
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