French, Spanish, Italian and Dutch F-1 Students: OPT, H-1B and the E-2 Treaty Shortcut
If a company from your home country owns a US office, you may be able to skip the H-1B lottery, but only when your passport matches its owners.
If you hold a French, Spanish, Italian, Dutch or Nordic passport, the US work visa for European citizens coming off F-1 is usually one of four: the H-1B (a lottery), E-1 or E-2 treaty employment with a US company at least 50% owned by your own nationals (no lottery), an L-1 transfer after a year with a related company abroad, or a J-1 internship or traineeship if you meet its outside-the-US tests. ESTA is not a work route. As of 2026-11-01, every country in this guide except Greece (E-1 only) and Iceland has an E-2 treaty in force.
Status line, as of 2026-11-01. In effect: the $40.62 ESTA fee (since 2026-10-16), wage-weighted H-1B selection (since 2026-02-27) and the 90-day OPT / 150-day STEM OPT unemployment limits. Blocked: the $100,000 payment under Proclamation 11069; the proclamation stands on paper, covers only H-1B, and the payment is not being collected. Scheduled: from 2026-11-09 USCIS accepts only the 09/09/26 edition of Form I-129. Proposed: ending the 60-day grace period for H-1B, L-1, E-1 and E-2 workers (comments close 2026-11-10; today's 60 days still applies) and removing USCIS deference on I-129 extensions (comments close 2026-11-13; current deference still applies). Not announced: the FY2028 H-1B registration. The worker proposal is separate from the F-1 grace period: duration of status and the 60-day F-1 grace period still apply, because a federal court has blocked the fixed-admission rule since 2026-09-14 and DHS's appeal is pending.
UK, Irish and German readers have their own guides: UK citizens, Irish citizens and German citizens.
US work visa for European citizens: which route fits after F-1?
For most Western European graduates on OPT, the H-1B remains the default because any qualifying US employer can file it, but it depends on a lottery. The E-2 employee route skips the lottery when the US company is at least 50% owned by nationals of your country, you share that nationality and the role is executive, supervisory or essential. L-1 and J-1 fit narrower profiles.
Your four routes compared (as of 2026-11)
| Route | Core test | Lottery? | How long | Under the $100,000 proclamation? |
|---|---|---|---|---|
| H-1B | Specialty-occupation job; employer files Form I-129 with a certified LCA | Yes for cap-subject employers; wage-weighted since 2026-02-27 | Petition-based, extendable | On paper only; the payment is blocked and not collected |
| E-1 / E-2 employee | Your treaty nationality matches the company's; company at least 50% owned by that nationality; executive, supervisory or essential role | No | Up to 2 years per admission or approval; 2-year extensions with no limit on their number | No |
| L-1A / L-1B | One continuous year with a related company abroad within the last three years | No | L-1A up to 7 years, L-1B up to 5 | No |
| J-1 intern / trainee | Enrolled or recently graduated abroad (intern); foreign degree plus a year of related work abroad, or five years abroad (trainee) | No | 12 months (intern); 18 months for most trainees | No |
There is no Europe-only specialty visa like Australia's E-3 or the H-1B1 for Chile and Singapore. The O-1 is open to every nationality and sits outside the lottery too, but it needs a documented record of extraordinary ability that most new graduates are still building. Proclamation 11069 covers only H-1B (INA 101(a)(15)(H)(i)(b)), so E, L, O and J workers are outside it.
Can European citizens work in the US on ESTA?
No. The State Department's Visa Waiver Program page describes the program as travel "for tourism or business for stays of 90 days or less without obtaining a visa." It does not authorize employment, and since 2026-10-16 an ESTA costs $40.62, or $10.62 if denied, under the FY2027 inflation-adjustment notice.
ESTA also cannot serve as a bridge. USCIS's change-of-status page lists the Visa Waiver Program among admissions that cannot be changed to another status inside the US. If you finish OPT, fly home and return on ESTA, you are a visitor, and any work visa has to start with a petition or a consular visa.
How the E-2 treaty shortcut works for employees
Who qualifies as an E-2 employee?
Ownership (at least 50% held by your treaty nationality), nationality (yours must match) and role (executive, supervisory or essential skills) all have to line up. USCIS's E-2 treaty investors page (updated 2026-08-20) puts the nationality rule plainly: the employee must "Be the same nationality of the principal alien employer (who must have the nationality of the treaty country)."
The owners count only if they are maintaining treaty investor status in the US or, if they are abroad, would be "classifiable as nonimmigrant treaty investors." In our reading, a French founder who has since become a US citizen or green-card holder no longer counts toward the French 50%; the company's counsel makes that call.
Can a French company's US subsidiary hire me on an E-2?
Yes, if the ownership traces back to at least 50% French nationals, you are French, and the role qualifies. A French-owned group's New York subsidiary cannot use E-2 for your Spanish or Dutch classmate, even though Spain and the Netherlands have their own treaties, because their nationality does not match the company's. "European" or "EU" ownership is not a treaty nationality. If you hold two passports, say French and Italian, ask the attorney which nationality the case can rest on. With a listed or multi-layered parent, the company's immigration counsel works out its nationality. Our E-2 essential employee guide goes deeper on the ownership trace and the essential-skills test.
E-1 or E-2?
E-1 fits a company whose international trade runs principally between the US and your country; E-2 fits a company built on a substantial investment. The nationality match applies to both. If you would rather be the investor than the employee, see our E-2 treaty investor guide for startup founders.
How long does E-2 status last?
USCIS allows a maximum initial stay of two years, with extensions "in increments of up to two years each" and no limit on their number, and treats E-2 spouses as employment authorized incident to status. The visa stamp in your passport has its own validity, set by nationality (see the table below). Your I-94, not the stamp, shows how long you may stay.
How do you get E-2 status from F-1 OPT?
There are two paths, and your employer's attorney chooses between them:
- Consular. You apply for an E visa at the US embassy in your country of nationality or residence and enter in E-2 status. Under State's 2025-09-18 interview waiver update, waivers remain only for narrow groups such as some B-1/B-2 and H-2A renewals, so expect an in-person interview. This path means leaving the US mid-OPT, so talk to your DSO and the attorney before booking travel, especially if any OPT, STEM OPT or change-of-status application is pending.
- Change of status. Your employer files Form I-129 with USCIS while you hold lawful status, such as OPT. As of 2026-11-01, E-1 and E-2 are not on USCIS's list of I-129 categories that can be filed online, so the petition goes on paper. Under the G-1055 fee schedule (edition 10/26/26), the filing fee is $1,015 ($510 for a small employer or nonprofit) plus an Asylum Program Fee of $600 ($300 for a small employer, $0 for a nonprofit), and premium processing adds $2,965; these are petition fees that go in with the employer's filing. From 2026-11-09 USCIS accepts only the 09/09/26 edition of the I-129 (I-129 page). An approval gives you status, not a visa; your first trip abroad still needs an E visa stamp.
Cap-gap protection covers only cap-subject H-1B change-of-status petitions. An E-2 change of status gets none, so the timing against your OPT end date is a question for your DSO and the attorney before anything is filed.
Which European countries have E-2 treaties? Country table as of November 2026
Read from the State Department's Treaty Countries table, each country's reciprocity page and the list of posts that process nonimmigrant visas, and SSA's list of social security agreements, all checked 2026-11-01.
| Country | E-1 / E-2 treaty in force since | E visa stamp validity (reciprocity fee) | Totalization agreement since | Visa post(s) |
|---|---|---|---|---|
| France | E-1 and E-2, 1960-12-21 | 48 months (none) | 1988-07-01 | Paris |
| Spain | E-1 and E-2, 1903-04-14 | 60 months (E-1 $204, E-2 $124) | 1988-04-01 | Madrid |
| Italy | E-1 and E-2, 1949-07-26 | 60 months ($198) | 1978-11-01 | Rome, Florence, Naples |
| Netherlands | E-1 and E-2, 1957-12-05 | 36 months ($2,118) | 1990-11-01 | Amsterdam |
| Belgium | E-1 and E-2, 1963-10-03 | 60 months ($310) | 1984-07-01 | Brussels |
| Luxembourg | E-1 and E-2, 1963-03-28 | 60 months (none) | 1993-11-01 | Luxembourg |
| Austria | E-1 and E-2, 1931-05-27 | 60 months (none) | 1991-11-01 | Vienna |
| Switzerland | E-1 and E-2, 1855-11-08 | 48 months ($125) | 1980-11-01 | Bern |
| Portugal | E-1 and E-2, 2024-03-15 | 60 months ($79) | 1989-08-01 | Lisbon |
| Sweden | E-1 and E-2, 1992-02-20 | 24 months (none) | 1987-01-01 | Stockholm |
| Denmark | E-1 1961-07-30; E-2 2008-12-10 | 18 months (none) | 2008-10-01 | Copenhagen |
| Finland | E-1 1934-08-10; E-2 1992-12-01 | 24 months ($182) | 1992-11-01 | Helsinki |
| Norway | E-1 and E-2, 1928-01-18 | 36 months ($290) | 1984-07-01 | Oslo |
| Greece | E-1 only, 1954-10-13 | E-1 60 months (none); no E-2 | 1994-09-01 | Athens |
| Iceland | No E treaty | Not available | 2019-03-01 | Reykjavik |
A reciprocity fee is, in the State Department's words, "in addition to the nonimmigrant visa application fee (MRV fee)," and it is charged when the visa is issued. France's E validity has been quoted inconsistently online; the State reciprocity page read 48 months on 2026-11-01, so recheck it on the day you apply (France reciprocity page; other countries sit in the same section).
Territory footnotes matter if you were born or live outside the mainland. The French treaty applies to mainland France and to Martinique, Guadeloupe, French Guiana and Reunion; the Dutch treaty applies to Aruba and the Netherlands Antilles; Denmark's does not apply to Greenland; Norway's does not apply to Svalbard; Spain's applies to all its territories.
H-1B and L-1 visa stamps by nationality
The same reciprocity pages set different stamp terms for H-1B and L-1. For H-1B, the stamp "may not exceed the period of validity of the approved petition or the number of months shown, whichever is less."
| Country | H-1B stamp (reciprocity fee) | L-1 stamp (reciprocity fee) |
|---|---|---|
| France | 36 months ($465) | 17 months (none) |
| Spain | 60 months (none) | 60 months (none) |
| Italy | 60 months ($153) | 60 months ($308) |
| Netherlands | 60 months (none) | 60 months ($58) |
| Belgium | 60 months ($170) | 60 months ($420) |
| Sweden | 60 months (none) | 60 months ($195) |
| Denmark | 60 months ($227) | 48 months ($227) |
| Finland | 60 months ($237) | 36 months ($395) |
| Norway | 60 months ($400) | 60 months ($1,308) |
Austria and Luxembourg show 60 months with no fee for both; Switzerland 48 months for both ($140 H-1B, $330 L-1); Portugal 28 months for H-1B (no fee) and 40 months for L-1 ($207); Iceland 60 months for both (no H-1B fee, $118 for L-1). Greece is the outlier: 11 months for both H-1B and L-1, with no fee, so a Greek H-1B worker who travels after the stamp expires needs a new one sooner than most. All values were read 2026-11-01.
What changes for Europeans on the H-1B path?
Nothing in the lottery: there is no per-country H-1B cap, so a French or Italian registration competes on the same terms as everyone else's. In FY2026, the last year on USCIS's chart, USCIS selected 120,141 of 343,981 eligible registrations, and since 2026-02-27 selection is weighted by wage level. The FY2028 registration has not been announced (H-1B registration page, which still shows FY2027); the regulation requires at least 30 days' notice, and March 2027 is only an expectation.
On the $100,000 payment, USCIS's I-129 page (updated 2026-10-30) says a court "vacated agency guidance implementing the $100,000 payment requirement," and adds: "If this order is later lifted, DHS still plans to collect the payment." Proclamation 11069 itself stands on paper until 2027-09-21. Change-of-status petitions granted inside the US were never covered. Meanwhile, your OPT clock is unchanged: 90 days of unemployment on post-completion OPT and 150 in total with STEM OPT, per the SEVIS Help Hub.
When you stamp, you apply in your country of nationality or residence and interview in person. A Dutch or Italian national who lives in Britain can generally apply there; our guide to H-1B stamping in London and Belfast covers those posts. Check the Global Visa Wait Times page rather than anyone's anecdote. The Eastern European F-1 guide covers H-1B job-search tactics in more depth; note that Poland (E-1 and E-2) and Romania (E-2) also appear on the treaty table.
L-1: work for the group at home first
The L-1 requires one continuous year with a related company abroad within the prior three years, so it rarely works straight from OPT. It fits a Dutch or Swedish graduate who goes home, joins a multinational there for a year, then transfers back. USCIS's L-1A page sets a one-year initial stay for new-office L-1A petitions and a seven-year maximum; L-1B tops out at five years. Since 2026-09-09, covered employers (50 or more US employees, more than half in H-1B or L-1) owe a $4,500 fee on L-1 petitions, extensions included, through 2027-09-30, which USCIS confirmed for L-1 in policy alert PA-2026-16 (2026-10-27).
Is the J-1 intern or trainee visa a good first step for European graduates?
Usually not right after a US degree, because both J-1 tests look for things that happened outside the US.
Common misconception: "My US master's makes me eligible for a J-1 internship." Correction: 22 CFR 62.22(d)(3), in effect as of 2026-11-01, requires an intern to be enrolled at, or to have graduated no more than 12 months before the program begins from, an institution "outside the United States." A trainee needs a foreign degree plus at least a year of related work experience acquired outside the US, or five years of such experience abroad.
The rule also says these programs "must not be used as substitutes for ordinary employment or work purposes." A J-1 traineeship suits a European who holds a degree from home and has worked there for at least a year, not someone whose whole career so far is on OPT. Check whether the two-year home residency rule could attach: government funding, graduate medical training and a skill on your country's entry in the 2024 Exchange Visitor Skills List are the usual triggers. Our guide to J-1 intern and trainee eligibility after a US degree walks through each profile.
Totalization: how your social security follows you
Every country in this guide has a US totalization agreement; the US has 31 in all (Romania joined 2026-09-01), per SSA's agreements page. SSA says the agreements "eliminate dual Social Security taxation" and help fill benefit gaps for split careers. Under the detached-worker rule, someone temporarily sent to the US by a home-country employer generally stays in the home system for assignments expected to last 5 years or less. The Italian agreement is the exception: SSA notes it "does not include a detached-worker rule."
If you are hired locally in the US instead, US social security tax generally applies. While you are a nonresident F-1 student (generally your first five calendar years in the US), OPT and STEM OPT wages are exempt under IRC 3121(b)(19), and that exemption ends when you become a resident alien or change to a work status such as H-1B (IRS page). Our totalization agreements explainer covers credits, and a tax professional who handles nonresident returns should confirm your case.
Do Europeans face a green card backlog?
Not a decades-long one. Chargeability generally follows country of birth, not passport, and most people born in Western Europe fall into the rest-of-world (ROW) queue. (A French citizen born in India would generally be charged to India; ask an attorney about exceptions.)
| November 2026 Visa Bulletin, rest of world | Final Action Date | Dates for Filing |
|---|---|---|
| EB-1 | Current | Current |
| EB-2 | 2025-04-01 | 2026-03-15 |
| EB-3 | 2024-06-15 | 2024-08-01 |
USCIS requires the Dates for Filing chart for November I-485s (USCIS filing charts); consular cases always use Final Action Dates. The December bulletin was not published as of 2026-11-01, so any December figure is a forecast. Track it on the Visa Bulletin page.
A worked example: Camille and Lucia at the same company
Camille (French) and Lucia (Spanish) finished STEM-designated master's degrees in May 2026. Both started OPT on 2026-07-01, so their OPT ends 2027-06-30, and both work at the New York subsidiary of a Paris-headquartered group.
- Camille. If counsel confirms the group is at least 50% French-owned and her role is essential, the company can seek E-2 status for her through an I-129 change of status or, after she checks travel timing with her DSO and the attorney, an E visa at Embassy Paris, with no lottery. She can still be registered for H-1B if the FY2028 window opens.
- Lucia. The French-owned company cannot use E-2 for her. Her routes are a STEM OPT extension (the application has to reach USCIS before her OPT card expires on 2027-06-30), H-1B registration if and when FY2028 opens, an employer at least 50% owned by Spanish nationals, or an L-1 after a year at the group's Madrid office.
Same employer, same degree, different visa map, because the treaty follows the passport.
What to do next
- Open the State Department's Treaty Countries table and confirm your nationality's E-1 and E-2 status and its territory footnote.
- Ask HR or immigration counsel at each target employer, in writing, which nationality owns at least 50% of the US entity.
- Confirm your OPT or STEM OPT end date and unemployment days with your DSO, using the SEVIS Help Hub counter as a check.
- Have the employer's attorney decide between an I-129 change of status with USCIS and an E visa application (Form DS-160) at the embassy in your country of nationality or residence.
- Check the Global Visa Wait Times page and your country's reciprocity page before you book any trip.
- Request a certificate of coverage through your home social security institution if a home employer sends you to the US; SSA's agreements page explains the rule.
Common mistakes
- Assuming any EU passport works for any European-owned company. The employee's nationality must match the company's treaty nationality.
- Treating ESTA as a bridge. It does not authorize work, and Visa Waiver entrants cannot change status inside the US.
- Confusing stamp validity with your stay. A 48-month French E stamp does not mean a 48-month stay; the I-94 governs.
- Expecting cap-gap on an E-2 change of status. Cap-gap covers only cap-subject H-1B petitions.
- Ignoring social security. A home-country assignment needs a certificate of coverage; a local US hire on H-1B pays US social security tax.
Frequently asked questions
Can European citizens work in the US on ESTA?
No. The Visa Waiver Program covers tourism or business stays of 90 days or less, it does not authorize work, and USCIS does not let people admitted under it change to another status inside the US. As of 2026-11-01 an ESTA costs $40.62 ($10.62 if denied), in effect since 2026-10-16.
Can a French company's US subsidiary hire me on an E-2?
It can if the US company is at least 50% owned by French nationals who hold or would qualify for treaty status, you are French yourself, and the job is executive, supervisory or needs skills essential to the business. France's E-1 and E-2 treaty has been in force since 1960-12-21. There is no lottery, and USCIS grants E-2 stays of up to two years at a time with no limit on two-year extensions (USCIS page checked 2026-11-01).
Is the J-1 intern or trainee visa a good first step for European graduates?
Only if you meet its outside-the-US tests. Under 22 CFR 62.22, in effect as of 2026-11-01, an intern must be enrolled at, or have graduated within 12 months from, an institution outside the United States, and a trainee needs a foreign degree plus a year of related work abroad (or five years abroad). A US degree and OPT work count toward neither test.
Do Europeans face a green card backlog?
Not a decades-long one. Most people born in Western Europe are charged to the rest-of-world queue, where the November 2026 Visa Bulletin shows EB-1 Current and EB-2 Final Action at 2025-04-01. USCIS requires the Dates for Filing chart for November I-485s (EB-2 rest of world 2026-03-15), and the December bulletin was not out as of 2026-11-01.
Which European countries have E-2 treaties with the US?
The State Department table, checked 2026-11-01, lists E-1 and E-2 treaties for France, Spain, Italy, the Netherlands, Belgium, Luxembourg, Austria, Switzerland, Portugal (since 2024-03-15), Sweden, Denmark, Finland and Norway, plus the UK, Ireland and Germany. Greece has an E-1 treaty only, and Iceland has none. Many Central and Eastern European countries, such as Poland (E-1 and E-2) and Romania (E-2), are on the table too.
Sources
- US Department of State, Treaty Countries, France reciprocity schedule, posts that process nonimmigrant visas, Visa Waiver Program, Global Visa Wait Times, Visa Bulletin, interview waiver update of 2025-09-18
- USCIS, E-2 treaty investors, change my nonimmigrant status, Form I-129, G-1055 fee schedule, H-1B electronic registration, L-1A, Visa Bulletin filing charts
- Social Security Administration, US international social security agreements
- Federal Register, FY2027 inflation-adjusted fees (ESTA), proposed end of the worker 60-day grace period, proposed removal of deference
- SEVP, SEVIS Help Hub unemployment counter; IRS, foreign student liability for social security and Medicare taxes; 22 CFR 62.22 (J-1 interns and trainees)
How we checked this: we read the State Department treaty table, all 15 countries' reciprocity pages, the visa post list and the Visa Waiver Program page, SSA's agreements page, USCIS's E-2, L-1A, I-129 and change-of-status pages, the G-1055 fee schedule (edition 10/26/26) and the current eCFR text of 22 CFR 62.22 (all read 2026-11-01), and checked every policy line against the Federal Register and USCIS pages listed above.
This is general information, not legal or tax advice; your own I-20, I-94 and notices govern, and your DSO (for OPT and SEVIS questions) or a licensed immigration attorney (for petitions and status strategy) should confirm any decision.
If you want your OPT search aimed at employers whose ownership and sponsorship history fit your passport, F1Jobs can help you build that list.
Frequently asked questions
Can European citizens work in the US on ESTA?
No. The Visa Waiver Program covers tourism or business stays of 90 days or less, it does not authorize work, and USCIS does not let people admitted under it change to another status inside the US. As of 2026-11-01 an ESTA costs $40.62 ($10.62 if denied), in effect since 2026-10-16.
Can a French company's US subsidiary hire me on an E-2?
It can if the US company is at least 50% owned by French nationals who hold or would qualify for treaty status, you are French yourself, and the job is executive, supervisory or needs skills essential to the business. France's E-1 and E-2 treaty has been in force since 1960-12-21. There is no lottery, and USCIS grants E-2 stays of up to two years at a time with no limit on two-year extensions (USCIS page checked 2026-11-01).
Is the J-1 intern or trainee visa a good first step for European graduates?
Only if you meet its outside-the-US tests. Under 22 CFR 62.22, in effect as of 2026-11-01, an intern must be enrolled at, or have graduated within 12 months from, an institution outside the United States, and a trainee needs a foreign degree plus a year of related work abroad (or five years abroad). A US degree and OPT work count toward neither test.
Do Europeans face a green card backlog?
Not a decades-long one. Most people born in Western Europe are charged to the rest-of-world queue, where the November 2026 Visa Bulletin shows EB-1 Current and EB-2 Final Action at 2025-04-01. USCIS requires the Dates for Filing chart for November I-485s (EB-2 rest of world 2026-03-15), and the December bulletin was not out as of 2026-11-01.
Which European countries have E-2 treaties with the US?
The State Department table, checked 2026-11-01, lists E-1 and E-2 treaties for France, Spain, Italy, the Netherlands, Belgium, Luxembourg, Austria, Switzerland, Portugal (since 2024-03-15), Sweden, Denmark, Finland and Norway, plus the UK, Ireland and Germany. Greece has an E-1 treaty only, and Iceland has none. Many Central and Eastern European countries, such as Poland (E-1 and E-2) and Romania (E-2), are on the table too.