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How US work visas work
Temporary work visas are classified under INA section 101(a)(15) (8 U.S.C. 1101(a)(15)). Each category has its own requirements, but the steps are similar.
Step one: the employer files Form I-129 with USCIS; some categories first need Department of Labor certification.
Step two: after USCIS approval, the worker in Thailand completes the DS-160 and attends an interview. Under the policy effective 1 October 2025, the only work visa interview waiver is for H-2A renewals within 12 months.
Step three: the officer at the port of entry decides admission and records the period of stay on Form I-94.
Work visas Thai applicants use most
Validity under Thailand's reciprocity schedule, and Form I-129 fees under 8 CFR 106.2 as last amended by 91 FR 51971 (11 August 2026). Employers also pay the Asylum Program Fee of USD 600, or USD 300 for small employers; nonprofits pay nothing.
| Visa | For | Key requirement | Validity for Thais | I-129 fee |
|---|---|---|---|---|
| H-1B | Specialty occupations requiring at least a bachelor's degree in the field | Employer petition to USCIS · annual cap and lottery | 12 months | USD 780 (small employers 460) |
| H-2A | Temporary or seasonal agricultural work | Temporary labor certification from the Department of Labor and an employer petition | 60 months | USD 1,090 for 1–25 named · unnamed 530 |
| H-2B | Temporary non-agricultural work where US workers cannot be found | Temporary labor certification and petition · 66,000 annual cap | 60 months | USD 1,080 for 1–25 named · unnamed 580 |
| L-1 | Intracompany transfer in a managerial, executive or specialized-knowledge role | Continuous employment abroad with the company for 1 year within the last 3 years | 12 months | USD 1,385 |
| O-1 | Extraordinary ability in the sciences, arts, education, business or athletics | Evidence of sustained national or international acclaim | 60 months | USD 1,055 for 1–25 named |
| E-1 / E-2 | Thai treaty traders or investors and employees of the same nationality | May apply directly at the Embassy under 22 CFR 41.51 | 6 months | USD 1,015 (if filed with USCIS) |
H-1B, H-2A, H-2B and O-1 visas are not valid beyond the approved petition. Small employers and nonprofits pay half the named-beneficiary L-1, O-1, E, H-2A and H-2B fees.
H-1B, H-2A and H-2B
H-1B covers specialty occupations, with an annual cap of 65,000 plus 20,000 for US master's graduates. See H-1B visa for the lottery and the status of the USD 100,000 payment.
H-2A: section 101(a)(15)(H)(ii)(a) covers agricultural labor or services of a temporary or seasonal nature.
H-2B: section 101(a)(15)(H)(ii)(b) covers other temporary services or labor, only if unemployed persons capable of doing the work cannot be found in the United States. 8 U.S.C. 1184(g)(1)(B) sets an annual cap of 66,000, and (g)(10) limits the first half of the fiscal year to 33,000. For fiscal year 2026, a rule of 3 February 2026 makes up to 64,716 additional visas available to employers attesting to irreparable harm.
L-1 and O-1
L-1: section 101(a)(15)(L) covers a person employed continuously for one year by a company or entity within the three years before applying for admission, who will continue working for the same employer, an affiliate or a subsidiary in the United States in a managerial, executive or specialized-knowledge role. Thai companies with US branches or subsidiaries use it to post managers.
O-1: section 101(a)(15)(O)(i) covers extraordinary ability in the sciences, arts, education, business or athletics, demonstrated by sustained national or international acclaim and extensive documentation.
E-1 and E-2 for Thai traders and investors
Thailand has been an E-1 and E-2 treaty country since 8 June 1968. 22 CFR 41.51 sets the criteria.
E-1 traders: trade must be substantial and international, with over 50% of the trader's international trade volume between the United States and Thailand.
E-2 investors: the investment must be substantial, not a small amount of capital in a marginal enterprise solely to earn a living; the enterprise must be a real, active business producing a profit; and the investor must develop and direct it, for example through ownership of at least 50%.
Employees must share the employer's Thai nationality and hold an executive or supervisory position, or have special qualifications essential to the business. A Thai restaurant in the US that is at least 50% owned by Thai nationals may therefore use this route for a chef with essential skills.
E-1 and E-2 visas for Thai nationals are valid for up to 6 months under the reciprocity schedule, and applicants must intend to depart when their status ends. See E-2 visa.
If employment ends early
8 CFR 214.1(l)(2) gives E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 and TN workers a grace period of up to 60 consecutive days or until the end of the authorized validity, whichever is shorter, when employment ends, once per validity period and without work authorization. DHS proposed 91 FR 57807 on 11 September 2026 to remove it; comments close on 10 November 2026. The proposal is not in effect.
Permanent work visas
Those seeking to work and live permanently use the five employment-based immigrant preferences in 8 U.S.C. 1153(b), from EB-1 for extraordinary ability to EB-5 for investors, leading to permanent residence (a green card). See US visa types.
Visa Connext work visa service
Visa Connext assesses which category fits the job and the applicant, reviews approved petitions, prepares the DS-160 and supporting documents, and prepares applicants for the interview. For E-1 and E-2, filed directly at the Embassy, we prepare the business and investment documentation. See our US visa service.
Frequently asked questions
What types of US work visa are there?
The categories Thai applicants use most are H-1B (specialty occupations), H-2A (temporary agricultural work), H-2B (temporary non-agricultural work), L-1 (intracompany transfers), O-1 (extraordinary ability) and E-1/E-2 (treaty traders and investors). There are also employment-based immigrant visas EB-1 to EB-5.
Source: 8 U.S.C. 1101(a)(15) · 8 U.S.C. 1153(b)
Can I apply for a US work visa myself?
Mostly no; a US employer must file a petition with USCIS first. The exception is E-1 and E-2, where Thai treaty traders and investors may apply directly at the Embassy.
Source: 22 CFR 41.51
Which visa do I need to work in a US restaurant?
If the restaurant is at least 50% owned by Thai nationals, a Thai employee in an executive role or with essential skills, such as a chef, may qualify for an E-2 employee visa under 22 CFR 41.51.
Source: 22 CFR 41.51
How long is an E-2 visa valid for Thai nationals?
Up to 6 months with multiple entries and no reciprocity fee under the reciprocity schedule.
Source: Reciprocity: Thailand
What is the annual H-2B cap?
66,000, with no more than 33,000 in the first half of the fiscal year. For fiscal year 2026, a rule allows up to 64,716 more.
Source: 8 U.S.C. 1184(g) · FR Doc. 2026-02131
How much are work visa petition fees?
Under 8 CFR 106.2, Form I-129 costs USD 780 for H-1B, USD 1,385 for L-1, USD 1,055 for O-1, USD 1,090 for named H-2A, USD 1,080 for named H-2B and USD 1,015 for E. Employers also pay the Asylum Program Fee according to size.
Source: 8 CFR 106.2
How long must I have worked for the company for an L-1?
One continuous year with the company or entity within the three years before applying for admission, under section 101(a)(15)(L).
Source: 8 U.S.C. 1101(a)(15)(L)
Sources and legal texts used on this page
- 8 U.S.C. 1101(a)(15)(H), (L), (O) — Nonimmigrant classes
U.S. Code 2024 edition (govinfo) · checked 30 Oct 2026 - 8 U.S.C. 1184(g) — Numerical limits (H-1B, H-2B)
U.S. Code 2024 edition (govinfo) · checked 30 Oct 2026 - FR Doc. 2026-02131 — FY 2026 H-2B supplemental numerical limitation
published 3 Feb 2026 · checked 30 Oct 2026 - 22 CFR 41.51 — Treaty trader, investor, or professional
text per 70 FR 52293 (2 Sep 2005) · checked 30 Oct 2026 - 8 CFR 106.2 — USCIS fees
last amended 91 FR 51971 (11 Aug 2026) · checked 30 Oct 2026 - U.S. Department of State — Reciprocity: Thailand
checked 30 Oct 2026 - U.S. Department of State — Interview Waiver Update, 18 September 2025
effective 1 Oct 2025 · checked 30 Oct 2026 - 8 CFR 214.1(l) — Admission period and grace period
checked 30 Oct 2026 - 91 FR 57807 — Eliminating the Discretionary 60-Day Grace Period (proposed rule, FR Doc. 2026-18631)
published 11 Sep 2026 · comments close 10 Nov 2026 · not in effect · checked 30 Oct 2026 - 8 U.S.C. 1153(b) — Employment-based preferences
checked 30 Oct 2026