How do you get a work permit in the United States in 2026?

For H-1B specialty occupations, the employer (or agent) first obtains a certified Labor Condition Application (LCA), Form ETA-9035/9035E, from the U.S. Department of Labor. The LCA locks in worksite, wage, and prevailing-wage attestations. Cap-subject H-1B cases also need a successful USCIS electronic registration before the petition window. Cap-exempt employers (certain universities and research organizations) and many extensions, amendments, or transfers of people already in H-1B status follow different timing rules.

With a certified LCA (when required), the employer files Form I-129 with the H classification supplements, fees, and evidence that the role is a specialty occupation. After approval, workers abroad usually apply for an H-1B visa stamp and admission. People already in the United States may request a change or extension of status on the same petition when eligible. L-1 intracompany transfers also use Form I-129, but the evidence focuses on a qualifying parent, branch, affiliate, or subsidiary relationship and at least one continuous year of qualifying employment abroad in the prior three years, not an H-1B-style LCA.

Other temporary petition classes (for example O-1 extraordinary ability) likewise ride on employer or agent Form I-129 filings. You cannot invent a petition without a qualifying US petitioner.

Some people are authorized to work only after USCIS approves an EAD, not because Form I-129 put them in a principal worker classification tied to one employer. Asylum-related categories, many adjustment-of-status applicants, certain student practical-training cases, and some dependent spouses fall in that bucket. Filing Form I-765 and waiting for the card is the process for those categories. Do not file I-765 just because a friend on H-1B never needed one. Principals in H-1B, L-1, or similar classes are usually employment-authorized incident to that status for the petitioning employer and show passport, I-94, and approval evidence for Form I-9 instead.

Dependents (H-4, L-2, and similar) follow different rules than the principal. Some may need an EAD; some may have incident-to-status options when USCIS recognizes them. Always match the category instructions rather than copying the principal’s paperwork.

After any approval path, hiring still runs through Form I-9, and payroll usually needs a Social Security number. See how to complete Form I-9 and how to get an SSN. Keep your I-94 record consistent with the petitioned status.