Working abroad
Working in the United States: visas and basic rights
The main legal routes to work in the US, where to apply, and the minimum rights you have once hired.
Who this is for
For people outside the US considering a job with a US employer. It does not cover study, tourism or complex investment cases: for those you need specific sources and often a US-licensed attorney.
In short
- You need a visa or status that allows work: ESTA (Visa Waiver Program) does not allow you to work.
- Almost all work visas need an employer to file a petition with USCIS.
- The federal minimum wage is $7.25 an hour; many states set a higher one.
- Federal law does not require paid vacation, and almost every state allows “at-will” employment.
General information, not legal advice. Rules change and have exceptions. Always check the official text in the sources below and, for your own case, talk to a trade union, a qualified lawyer or the competent public authority.
ESTA is not a work permit
ESTA lets nationals of participating countries visit the US for tourism or short business trips without a visa. It does not allow you to work for a US employer. To work you need the right visa, issued by a US consulate, usually after a petition is approved. [1]
The main routes
The legal basis is the Immigration and Nationality Act (INA). [2] The most common work visas:
- H-1B: specialty occupations (normally a relevant degree is needed). There are 65,000 places a year plus 20,000 for holders of a US master’s degree or higher; some employers (universities, non-profit research bodies) are cap-exempt. The employer registers the candidate online and selection is by lottery. [3] From the FY 2027 season selection is “weighted”: higher-paid offers have better odds. [4]
- L-1: transfers within the same company group, for managers, executives or staff with specialised knowledge who have worked for the company abroad. [5]
- O-1: people with documented extraordinary ability or achievement in science, arts, education, business or sports. [6]
- E-2 (treaty investor): Italy is listed as a treaty country. It requires a substantial investment in a US business; some employees of the same nationality may also qualify. [7]
- J-1: exchange programmes (internships, research, au pair and more) run by sponsors designated by the State Department. [8]
- Employment-based green cards (EB-1, EB-2, EB-3…): permanent residence, usually with a job offer and, for many categories, a Labor Department certification. Waits can be long. [9]
The $100,000 H-1B payment
A presidential proclamation of 19 September 2025 introduced a $100,000 payment for certain new H-1B petitions (beneficiaries outside the US without a valid H-1B visa). It must be paid by the petitioning employer. In 2026 a federal court vacated the implementing measures and USCIS said it would comply, but the government has appealed. This can change: check the current USCIS page. [10]
Your basic rights
- Minimum wage: $7.25 an hour federally, since 24 July 2009. If your state sets a higher rate, the higher one applies. [11]
- Overtime: if you are not “exempt”, hours over 40 in a workweek must be paid at least 1.5 times your regular rate. [12]
- Vacation: the federal FLSA does not require pay for vacations or holidays; they depend on your contract, company policy or state law. [13]
- Dismissal: every state except Montana allows “at-will” employment: either side can end it at any time, but never for an illegal reason (discrimination, retaliation). [14]
- Discrimination: Title VII of the Civil Rights Act bans discrimination based on race, colour, religion, sex and national origin (employers with 15 or more employees). [15]
- Safety: the OSH Act requires employers to keep the workplace free from recognised serious hazards. [16]
State laws often add protections (higher minimum wage, paid sick leave). For unpaid wages or overtime, contact the Department of Labor’s Wage and Hour Division (WHD). [11]
Checklist
- Check that the visa offered really allows you to work for that employer.
- Use only official sites: uscis.gov, travel.state.gov, cbp.gov, dol.gov.
- Do not pay middlemen who “guarantee” an H-1B: the employer files the registration and the petition, USCIS runs the selection, and the additional H-1B petition fee cannot be charged to the worker, not even through payroll deductions. [17]
- Get salary, hours, vacation and health cover in writing.
- Check the minimum wage and laws of the state where you will work.
- Keep your pay stubs and records of hours worked.