Someone wanting to work in the United States without immigrating right away chooses among categories that are not equivalent. One rewards your individual record, another the company's structure, another a degreed profession, another treaty nationality. The costliest mistake is forcing a case into the wrong category, and the first conversation exists precisely to say which test your case supports.
O-1: the standout record
For those at the top in the sciences, arts, education, business or athletics, shown by a major internationally recognized award or by at least three of the regulation's criteria, weighed as a whole. There is no annual cap and no lottery, and renewals are unlimited. You cannot file on your own behalf, but a company in which you hold an interest can file for you.
L-1: the company that crosses the border
For someone transferred from a company abroad to a company in the same group in the United States, in a managerial, executive or specialized knowledge role. It includes the scenario most sought by those who already have a business at home: opening the U.S. operation and coming to run it. It requires one year of work in the group within the preceding three, allows you to pursue a green card at the same time, and has its own demanding rule for business owners.
H-1B: the degreed profession
For occupations requiring highly specialized knowledge and, as an entry requirement, a bachelor's degree or higher in a specialty directly related to the duties. There is an annual cap, with prior registration, and since 2026 the lottery is weighted by wage: the higher the offer's level, the better the odds. Universities and research organizations fall outside the cap.
It is the category that has changed most in recent months, and the full page separates what is in force from what is not: the hundred-thousand-dollar fee is not being collected, because it was struck down in court; there is a proposed fee of $103,265 per cap-subject petition, published on 25 August 2026, which is still only a proposal; and an older fee begins to reach renewals as well from 9 September 2026, for companies of a certain size.
TN: treaty nationality
For citizens of Canada and Mexico, in a closed list of professions from the USMCA. There is no annual cap and no limit on renewals, but your stay must remain temporary, which is re-examined at each entry. Canadians present themselves directly at the border; Mexicans obtain the visa at the consulate. On 1 July 2026 the agreement's joint review began, and nothing changed in the TN rules: the full page explains exactly what changed and what did not.
Legal basis
- O-1: INA § 101(a)(15)(O); 8 C.F.R. § 214.2(o); USCIS Policy Manual, volume 2, part M. Details on the full page.
- L-1: INA § 101(a)(15)(L) and § 101(a)(44); 8 C.F.R. § 214.2(l); Policy Manual, volume 2, part L. Details on the full page.
- H-1B: INA § 101(a)(15)(H)(i)(b) and § 214(g), (i) and (n); 8 C.F.R. § 214.2(h); 20 C.F.R. part 655; Proclamation 10973; 91 FR 51360 and 91 FR 54817. Details on the full page.
- TN: INA § 214(e); 8 C.F.R. § 214.6, with the list of professions; Policy Manual, volume 2, part P; article 34.7 of the USMCA. Details on the full page.
Verified 24 August 2026. All four categories link to their own pages, each verified against full sources: O-1 and L-1 on 22 Aug 2026, H-1B and TN on 24 Aug 2026. Rules change by regulation, proclamation or court decision: confirm at the source before acting.
General informational content. It is not legal advice and does not create an attorney-client relationship. Immigration rules change frequently and may be enjoined by a court. Before acting, confirm that the rule is in force and consult an attorney about your own circumstances.