Which US Work Visas Does Your Passport Unlock? TN, E-3, H-1B1, E-2 and the Rest by Nationality

Your passport can open a US work visa with no lottery at all, or close doors the H-1B never touched. Here is the country-by-country map.

Part of our guide to the H-1B lottery.

Nationality-specific work visas in the USA are the classifications your citizenship alone can open, and as of 2026-11-01 all are in effect and unchanged: TN for Canadian and Mexican citizens, E-3 for Australians, H-1B1 for Chileans and Singaporeans, and E-1/E-2 for nationals of countries on the State Department's treaty list. None of them runs through the H-1B lottery. If you hold an Indian or mainland Chinese passport, none of them applies to you (neither country is reported to have an E-2 treaty), so your routes are a cap-subject or cap-exempt H-1B, the O-1, the L-1 and the J-1.

Status as of 2026-11-01. In effect: the USMCA, which "is not renewed" but "remains in force" (USTR, 2026-07-01), and Proclamation 10998 (39 countries). Proposed: ending the worker 60-day grace period. Introduced and referred only: H.R. 1337 (Ireland into the E-3). Blocked: the D/S rule, so the F-1 60-day grace period still applies.

Which US work visas are only for certain countries?

Five US work classifications are tied to citizenship: TN (Canada and Mexico), E-3 (Australia), H-1B1 (Chile and Singapore), and E-1/E-2 treaty trader and investor status (treaty-country nationals). None uses the H-1B lottery, and the $100,000 H-1B proclamation names none of them. Nationals with no such passport rely on the H-1B lottery, cap-exempt H-1B, O-1, L-1 or J-1.

Proclamation 11069 covers only INA 101(a)(15)(H)(i)(b), the H-1B (Federal Register text), and courts have blocked the agency policies that would collect its payment (which visas fall outside it). For cost and green-card fit, see our comparison table of US work visa types.

The five nationality-specific classifications (as of 2026-11)

Fees: USCIS G-1055, edition 10/26/26. These are base fees; most petitioners also owe the Asylum Program Fee ($600, $300 for small employers, $0 for nonprofits).

Nationality-specific work visas USA: your passport, mapped (as of 2026-11-01)

The bottom rows hold most international students. In October 2026 SEVIS data, India had 316,893 active F/M records and China 220,157, together about 45% of the 1,192,572 total (our sums of DHS tables from the SEVIS data mapping tool). Canada had 39,129.

Canada and Mexico: how does the TN work?

The TN lets you work in a USMCA-listed profession with no lottery and no H-1B calendar. The USCIS TN page says Canadian citizens "are not required to apply for a TN visa at a U.S. consulate," while Mexican citizens "must obtain a visa to enter the United States as a TN nonimmigrant." From inside the US, the Form I-129 page also offers a "change of status to E-1, E-2, E-3, H-1B1 or TN" for either nationality.

Admission is up to three years, extensions are up to three years, and 8 CFR 214.6 says "There is no specific limit on the total period of time an alien may be in TN status." A USCIS-filed TN I-129 can use premium processing (15 business days, $2,965). The "not renewed" USMCA headline changed nothing about TN professions, procedure or fees; absent an extension the agreement ends 2036-07-01, as the law firm BAL reads it. Since 2026-10-01 TN visa applicants face the online-presence review, which, per MIT's ISO, "does not apply to Canadian citizens who do not apply for U.S. entry visa stamps." Mexican readers: see our TN visa guide for Mexican citizens.

Australia: what does the E-3 require?

A specialty-occupation job, a certified Labor Condition Application, and Australian citizenship: "The E-3 classification applies only to nationals of Australia" (USCIS E-3 page). Spouses in valid E-3 dependent status are employment authorized incident to status, and since 2026-10-07 employers can file the E-3 I-129 by PDF upload. Our OPT-to-E-3 guide for Australians walks through the switch.

Irish citizens cannot use it yet. H.R. 1337, "To add Ireland to the E3 nonimmigrant visa program," was introduced 2025-02-13 and referred to House Judiciary, its latest action (govinfo). Unenacted bills die on 2027-01-03.

Chile and Singapore: is the H-1B1 really outside the lottery?

Yes. The H-1B1 has its own annual limits, reported as 1,400 for Chile and 5,400 for Singapore, and is reported to be granted one year at a time, so it does not go through H-1B registration. It pays the H-1B base fee and ACWIA, but the G-1055 says H-1B1 petitioners "do not have to pay the Fraud Prevention and Detection fee" and that the 9-11 fee "does not apply to H-1B1 petitions." Our OPT-to-H-1B1 guide for Singapore and Chile covers the embassy and USCIS routes.

Is India an E-2 treaty country?

Not according to reported readings of the State Department table: India and mainland China have no E-1 or E-2 treaty, Taiwan does (listed as "China (Taiwan)"), and Bolivia's treaty ended 2012-06-10. The controlling list is the State Department's Treaty Countries table; check it on the day you plan.

For graduates, the employee route matters more than investing. The USCIS E-2 page says an E-2 employee must be "the same nationality of the principal alien employer," and a company employer must be "at least 50% owned by persons in the United States who have the nationality of the treaty country," with an executive, supervisory or specially qualified role. So a Japanese graduate at the US arm of a Japanese-owned firm may have a path an Indian colleague does not. Investing your own savings is a separate, high-stakes call; read our E-2 founder guide and talk to an attorney.

What visa options do Indians have if they lose the H-1B lottery?

With no nationality-specific visa, Indian and mainland Chinese graduates have five routes, and the OPT end date decides which they can reach.

• Next cap season. FY2028 registration is not announced as of 2026-11-01 (USCIS registration page); USCIS must give at least 30 days' notice (8 CFR 214.2(h)(8)(iii)(A)(3)), and March 2027 is an expectation only. Wage-weighted selection has been in effect since 2026-02-27, so the offered wage level matters. A timely, cap-subject change of status triggers cap-gap: status and OPT work extend to April 1 of the fiscal year requested, or the petition start date if earlier.
• Cap-exempt H-1B. Universities, affiliated nonprofits and government research organizations sponsor outside the cap (8 CFR 214.2(h)(8)(iii)(F)), with no cap-gap, so file well before your EAD ends. An unpublished draft under OIRA review since 2026-08-24, "Reforming the H-1B Nonimmigrant Visa Classification Program" (RIN 1615-AD00), lists "revising eligibility for cap exemptions" in its agenda abstract; today's rules apply. Start with our cap-exempt H-1B employers list.
• O-1. Evidence guidance is PA-2025-02. O petitions were approved 91.0% of the time in FY2026 Q1-Q3 (approvals over approvals plus denials, initial and extensions combined, all decided before PA-2026-05), per USCIS I-129 data; that is not your odds. See O-1 evidence for new graduates.
• L-1. It needs one continuous year abroad with the company in the prior three years, so it rarely works straight from OPT (USCIS L-1A).
• J-1. The 2024-12-09 Skills List dropped India and China, but government funding and graduate medical training still trigger 212(e).

More in our work visa options after an H-1B lottery loss and H-1B strategy for Indian MS CS graduates.

Worked timeline: same offer, two passports

Claire (Canadian) and Arjun (Indian) started post-completion OPT on 2026-07-01, EADs ending 2027-06-30. On 2026-11-02 one for-profit employer offers both the same analyst role.

Check the live USCIS processing times tool. On OPT, both face the 90-day unemployment limit (150 days in aggregate on STEM OPT).

Which nationalities are barred from F-1 and J-1 visas under the travel ban?

Proclamation 10998, in effect since 2026-01-01, suspends F, M and J visas for nationals of all 19 fully restricted countries, Palestinian Authority document holders, and 19 of 20 partially restricted countries; Turkmenistan's restriction is immigrant visas only (State Department).

• Full list: Afghanistan, Burkina Faso, Burma, Chad, Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Laos, Libya, Mali, Niger, Sierra Leone, Somalia, South Sudan, Sudan, Syria, Yemen.
• Partial list (B, F, M, J, immigrant): Angola, Antigua and Barbuda, Benin, Burundi, Cote d'Ivoire, Cuba, Dominica, Gabon, The Gambia, Malawi, Mauritania, Nigeria, Senegal, Tanzania, Togo, Tonga, Venezuela, Zambia, Zimbabwe.

Washington University's OISS quotes State: "No visas issued before January 1, 2026 at 12:01 a.m. EST, have been or will be revoked pursuant to the Proclamation" (WashU OISS). Students already inside keep their status; the risk starts when they leave and need a new visa. In February 2026, a single low-volume month, State issued 2 F-1 visas to Nigerians against 138 a year earlier. No amendment had been published as of 2026-11-01. A 180-day review is reported to fall around mid-December (our arithmetic); none has been announced.

Can a dual citizen use TN or E-3?

Generally yes, if you hold the qualifying citizenship. USCIS frames TN as for "Canadian and Mexican citizens" and the E-3 as for "nationals of Australia," so birthplace and residence do not decide it, and permanent residence is not citizenship. For an E-2 employee, your treaty nationality must match the company's. Under Proclamation 10998, law firms list an exception for "Dual nationals applying with a passport of a non-restricted country" (RJ Immigration Law). Have an attorney confirm your case.

What to watch in November 2026

• 2026-11-09: USCIS takes only the 09/09/26 edition of Form I-129, and old filing addresses work only for packages postmarked on or before that day.
• 2026-11-10: comments close on the proposal to end the 60-day worker grace period for E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 and TN workers. Still proposed: today's 60 days apply until a final rule is published, and the F-1 grace period is not part of it. See our grace-period explainer for TN and E-3 workers.
• 2026-11-13: comments close on removing deference for I-129 extensions. Also proposed; current deference applies until a final rule is published.

Your next steps, in order

1. Check your citizenship against the matrix and the State Department Treaty Countries table on travel.state.gov.
2. Confirm your OPT end date and unemployment days with your DSO, and pull your latest I-94 from CBP's I-94 website.
3. Ask the employer's immigration attorney which classification fits and whether to file Form I-129 for a change of status or have you apply abroad or at the border.
4. Request that the employer obtain a certified LCA from the Department of Labor before any E-3, H-1B1 or H-1B filing.
5. Book any visa appointment in your country of nationality or residence, using the Global Visa Wait Times page.

Common mistakes

• Treating permanent residence as citizenship. Canadian or Australian PR opens neither TN nor E-3.
• Assuming the $100,000 proclamation covers E-3, H-1B1, TN, O-1 or L-1. It covers only the H-1B.
• Planning an E-2 on an Indian or mainland Chinese passport. Investment size does not fix nationality.
• Expecting cap-gap on a cap-exempt H-1B. It covers only a timely, cap-subject change of status.
• Booking stamping in a third country. Since 2025-09-06 you apply where you are a national or resident.
• Reading headlines as law. "USMCA not renewed" and H.R. 1337 changed no visa rule as of 2026-11-01.

Frequently asked questions

Which US work visas are only for certain countries?

TN is for Canadian and Mexican citizens, E-3 for Australians, H-1B1 for Chileans and Singaporeans, and E-1 and E-2 for nationals of countries on the State Department treaty list. As of 2026-11-01 all are in effect, and none uses the H-1B lottery.

What visa options do Indians have if they lose the H-1B lottery?

Indian citizens cannot use TN, E-3 or H-1B1, and India is reported to have no E-2 treaty. The routes are another H-1B registration (FY2028 dates not announced as of 2026-11-01), a cap-exempt H-1B, an O-1, an L-1 after a year with the company abroad, or a J-1. Cap-exempt petitions get no cap-gap.

Is India an E-2 treaty country?

Not according to reported readings of the State Department table. India and mainland China have no E-1 or E-2 treaty, while Taiwan, listed as "China (Taiwan)", does. Check the State Department Treaty Countries table before relying on any list, because treaties can end, as Bolivia's did on 2012-06-10.

Can a dual citizen use TN or E-3?

Eligibility follows citizenship, not birthplace or residence. A dual national who holds Canadian, Mexican or Australian citizenship generally applies on that passport, while permanent residence alone does not count. Confirm your facts with an immigration attorney before you apply.

Which nationalities are barred from F-1 and J-1 visas under the travel ban?

Proclamation 10998, in effect since 2026-01-01, suspends F, M and J visas for nationals of 19 fully restricted countries plus Palestinian Authority document holders, and of 19 partially restricted countries such as Nigeria, Cuba and Venezuela. Turkmenistan is restricted for immigrant visas only. Earlier visas were not revoked.

Sources

• USCIS, TN USMCA Professionals
• USCIS, E-3 Specialty Occupation Workers from Australia
• USCIS, E-2 Treaty Investors
• USCIS, G-1055 Fee Schedule
• USCIS, Form I-129
• eCFR, 8 CFR 214.6 (TN)
• Washington University OISS, travel restrictions
• State Department, Treaty Countries
• State Department, Proclamation 10998 visa suspension
• USTR, USMCA joint review statement
• govinfo, H.R. 1337 bill status
• DHS, October 2026 SEVIS data

How we checked this: on 2026-11-01 we read the USCIS, USTR, eCFR, govinfo and DHS pages cited above and the G-1055 edition 10/26/26. The State Department pages blocked automated access that day, so the Proclamation 10998 lists come from WashU OISS's summary of them; check treaty rows and the ban on the live travel.state.gov pages.

This is general information, not legal or tax advice. Your own I-20, I-94, EAD and approval notice govern; take F-1, OPT and SEVIS questions to your DSO and petition or status strategy to a licensed immigration attorney.

If your passport narrows your options, your job search should narrow with it, toward employers whose sponsorship route matches your status. F1Jobs helps international graduates run that targeted search.