Contracts

Introduction 

A recruiter calls with a contract role at "$65 an hour." A different company offers $120,000 a year. Which one pays more? You can't answer that until you know exactly what each number includes. 

So what is rate of pay, and why do two offers that look similar end up so different on a paycheck?

Your rate of pay is the amount you earn for a set unit of work, usually an hour, a week or a year. This guide covers the common types of pay rates, how to calculate and convert them, how overtime uses your "regular rate," and how the same number means different things on W-2, 1099 and corp-to-corp (C2C) arrangements.

TL;DR

• Rate of pay is what you earn per unit of work, such as per hour, per week or per year, before taxes and deductions.
• Common types include hourly, salary, day rate, piece rate, commission and contract rates.
• A full-time year is usually counted as 2,080 hours, which is how most people convert between hourly and annual pay.
• For overtime, the law uses your "regular rate," which can include bonuses and other pay, not just your base hourly rate.
• A W-2 rate and a 1099 or C2C rate aren't directly comparable, because self-employed workers pay both halves of Social Security and Medicare tax and buy their own benefits.

What is rate of pay?

Rate of pay, often shortened to pay rate, is the amount an employer agrees to pay you for a specific unit of time or output. If you earn $30 an hour, your rate of pay is $30 per hour. If you earn $90,000 a year, your rate of pay is $90,000 annually.

It's a gross figure. Your rate of pay is what you earn before income tax, Social Security, Medicare, retirement contributions or insurance premiums come out. What lands in your bank account is your net pay, and it's always lower.

Rate of pay is also different from total compensation. Bonuses, commissions, benefits, stock and paid time off can add a lot of value on top of your base rate. When you compare offers, look at both.

Types of pay rates

Employers set pay in different ways depending on the job, the industry and how the work is measured.

Many jobs combine types. A sales role might pay a base salary plus commission. A contract developer might earn an hourly rate plus an overtime rate for hours beyond 40 in a week.

How to calculate your rate of pay

The math is simple once you know the standard assumption: a full-time year is usually counted as 40 hours a week for 52 weeks, or 2,080 hours.

Converting hourly to annual

Multiply your hourly rate by the number of hours you work in a year.

Hourly rate × 2,080 = annual pay (for full-time work)

At $40 an hour, that's $40 × 2,080 = $83,200 a year.

Converting annual to hourly

Divide your annual salary by 2,080.

Annual salary ÷ 2,080 = hourly equivalent

A $100,000 salary works out to about $48.08 an hour.

Converting for part-time or different schedules

If you don't work 40 hours a week, use your actual hours. Someone working 25 hours a week for 50 weeks works 1,250 hours a year. At $30 an hour, that's $37,500.

Monthly figures are annual pay divided by 12. They're approximate because months have different numbers of workdays.

Gross pay vs net pay

Every number above is gross pay. To estimate net pay, subtract federal and state income tax, Social Security and Medicare, and any deductions like health insurance or 401(k) contributions. The difference depends on where you live, your filing status and the benefits you choose, so a paycheck calculator for your state gives a better estimate than a single percentage.

Regular rate of pay and overtime

Here's where "rate of pay" gets a legal meaning. Under the Fair Labor Standards Act (FLSA), overtime isn't always calculated from your base hourly rate. It's calculated from your regular rate of pay.

According to the Department of Labor's FAQ on the regular rate, most nonexempt employees covered by the FLSA must receive overtime of at least one and one-half times their regular rate for hours worked beyond 40 in a workweek.

The regular rate can be higher than your base rate. DOL Fact Sheet #56A explains that it includes all pay for employment, with only a specific list of exclusions allowed by law. Nondiscretionary bonuses usually count. 

The DOL's guidance on bonuses notes that all compensation for hours worked, services or performance belongs in the regular rate unless it falls under one of those exclusions.

A worked example

Say you earn $30 an hour, work 45 hours in a week, and earn a $90 nondiscretionary productivity bonus that week.

1. Straight-time pay: $30 × 45 hours = $1,350
2. Add the bonus: $1,350 + $90 = $1,440
3. Regular rate: $1,440 ÷ 45 hours = $32 per hour
4. Overtime premium: half of $32 is $16, times 5 overtime hours = $80
5. Total pay for the week: $1,440 + $80 = $1,520

If the employer had used only the $30 base rate, the overtime premium would have been $75 instead of $80. Small gaps like that add up over a year.

Salaried employees who qualify as exempt under the FLSA generally aren't entitled to overtime. Exemption depends on salary level and job duties, not just job title, and some states set stricter rules than federal law.

Pay rate vs bill rate

If you work through a staffing agency, you'll hear two numbers: your pay rate and the bill rate. Your pay rate is what you earn per hour. The bill rate is what the agency charges the client for your hour of work.

The gap between them isn't all profit. It covers employer payroll taxes, insurance, recruiting costs and the agency's margin. 

Our guide to software development staffing breaks a bill rate into its layers with an example.

When a recruiter quotes a number, ask directly: "Is that my pay rate or the bill rate?" Only one of them determines your paycheck.

Rate of pay on W-2, 1099 and C2C

The same hourly number means very different take-home value depending on how you're employed. This trips up a lot of contractors, especially in IT.

On W-2, the employer withholds your taxes, pays its share of Social Security and Medicare, and may offer benefits. On 1099 or C2C, you're running your own business. 

The IRS explains that the self-employment tax rate is 15.3%, made up of 12.4% for Social Security and 2.9% for Medicare. A W-2 employee pays half of that, 7.65%, and the employer covers the rest.

That's why a 1099 or C2C rate usually needs to be higher than a W-2 rate for the same role to leave you equally well off. 

If you're weighing contract work, our post on staffing agencies for remote jobs explains how W-2 hourly, C2C and direct-hire roles usually work through an agency.

How to evaluate a rate of pay offer

When we talk with consultants about contract offers, the hourly number gets most of the attention. The questions around it often matter just as much. Before you accept, find out:

• Is this rate W-2, 1099 or C2C?
• Am I eligible for overtime, and at what rate?
• Are paid holidays and PTO included, or do I only get paid for hours worked?
• What benefits are offered, and what do they cost me?
• How many hours per week are expected or guaranteed?
• How often am I paid, weekly, biweekly or monthly?
• Are travel or equipment costs reimbursed?
• For contract roles, what's the expected assignment length?

A contract role at a higher hourly rate with no paid holidays and a three-month end date can earn less over a year than a slightly lower W-2 rate with benefits and a longer assignment.

How to negotiate your rate of pay

Start with real market data rather than a gut number. The Bureau of Labor Statistics publishes wage data by occupation, and our guide to hiring AWS developers shows how that data gets used to anchor rates for technical roles.

A few habits help:

• Convert every offer to the same basis, such as annual W-2 equivalent, before comparing.
• Name a range rather than a single number, with your target near the top.
• Tie your ask to specific skills or certifications the role requires.
• For contract roles, negotiate the overtime rate and holiday pay along with the hourly rate.

Employers think in total cost too. 

Our breakdown of contract vs permanent staffing costs explains why a salaried hire costs the company well above base pay, which is useful context when you're negotiating.

Putting your rate of pay in context

So, what is rate of pay in practice? It's the starting number, not the whole picture. Once you know whether a rate is hourly or salaried, W-2 or self-employed, overtime-eligible or exempt, you can compare offers on equal terms and spot when a high number is hiding missing benefits or unpaid time. 

This guide is general information, not tax or legal advice, so check state rules and talk to a tax professional for your situation.

Start Strong With Consultadd

With 15 years in business and 5,000+ successful staffing engagements, we don't just fill roles, we build reliability into your process. We've supported 65 staffing companies in the past year alone and maintain MSAs with industry leaders like Robert Half and TEKsystems.

Here's what working with Consultadd looks like:

• Talent sourced in under 24 hours
• Ready-to-deploy candidates, vetted for experience and compliance
• Lower turnover risk: we match long-term goals, not just short-term needs
• Seamless compliance: visa, documentation, onboarding? Handled.
• Dedicated 1:1 account managers for responsive, personalized support
• Top 100 candidate matches delivered in the past year
• Strong partnerships with universities to tap into fresh, committed talent
• Post-placement support so your investment grows beyond day one

For candidates, your next opportunity is more than just a job title, it's a chance to build skills, gain experience, and move your career forward. At Consultadd, we connect technology professionals with projects and employers that align with their goals, whether they're looking for contract, contract-to-hire, or long-term opportunities.

The tech job market moves fast, but the right guidance can make all the difference. Ready to take the next step in your career journey? Explore Opportunities >>

Key takeaways

• Rate of pay is your gross earnings per unit of work, before taxes, deductions and benefits.
• Hourly, salary, day rate, piece rate, commission and contract rates are the most common pay structures.
• Use 2,080 hours to convert between hourly and annual pay for full-time work.
• Overtime is based on your FLSA regular rate, which can include nondiscretionary bonuses, not just base pay.
• Compare W-2, 1099 and C2C offers on an equal basis, since self-employed workers pay the full 15.3% self-employment tax and fund their own benefits.

FAQs

What does rate of pay mean?
Rate of pay is the amount you earn for a set unit of work, such as per hour, per day or per year. It's a gross figure, meaning it's calculated before taxes and deductions. Your take-home pay will be lower.

Is rate of pay hourly or salary?
It can be either. Hourly workers have a rate of pay per hour, while salaried workers have an annual rate of pay divided into regular paychecks. Some jobs also use day rates, piece rates or commission.

What is the regular rate of pay?
Under the FLSA, the regular rate of pay is the hourly rate used to calculate overtime. It includes all pay for employment, such as nondiscretionary bonuses, except for specific exclusions listed in the law. It can be higher than your base hourly rate.

How do I calculate my hourly rate from my salary?
Divide your annual salary by 2,080, which is 40 hours a week for 52 weeks. For example, a $90,000 salary is about $43.27 an hour. If you work a different schedule, divide by your actual annual hours instead.

What is the difference between pay rate and bill rate?
Your pay rate is what you earn per hour. The bill rate is what a staffing agency or consultancy charges the client for your work. The difference covers employer taxes, insurance, overhead and the agency's margin.

Why are 1099 and C2C rates higher than W-2 rates?
Self-employed workers pay the full 15.3% Social Security and Medicare tax instead of splitting it with an employer. They also pay for their own health insurance, retirement savings and unpaid time off. A higher rate helps cover those costs.

Introduction 

You've finished your degree in the U.S., you have a job offer or you're close to one, and now you have a clock running. That's what OPT for international students feels like in practice. 

It gives you real work time in the U.S., but it comes with limits on what work counts, how long you can be between jobs, and what you have to report.

This guide covers who qualifies, how standard OPT and STEM OPT differ, the rules that keep you in status, and the 2026 policy proposals you should know about. It isn't legal advice. 

Your designated school official (DSO) and, for complex cases, an immigration attorney should have the final word on your situation.

TL;DR

• OPT is temporary work authorization for F-1 students in a job directly related to their major, with up to 12 months available at each degree level.
• STEM graduates can add a 24-month STEM OPT extension, but the employer must use E-Verify and sign a Form I-983 training plan.
• You can be unemployed for up to 90 days on standard OPT and 150 days in total if you get the STEM extension.
• You must report employer and address changes, and STEM OPT students have extra reporting and evaluation duties.
• DHS proposed large new OPT fees in October 2026, but they are not in effect. Current OPT rules still apply.

What is OPT for international students?

Optional Practical Training (OPT) is temporary employment authorization for students in F-1 status. It lets you work in the U.S. in a job directly related to your major field of study.

According to DHS's announcement on OPT, eligible F-1 students can receive up to 12 months of OPT at each education level, and they can use it during their program (pre-completion) or after finishing it (post-completion).

OPT isn't a separate visa. You stay in F-1 status while you're on it, which is why F-1 rules still apply to you after graduation.

Who is eligible for OPT

Most F-1 students qualify if they meet these basic conditions:

• You're in valid F-1 status.
• You've been enrolled full time at an SEVP-certified school for at least one full academic year.
• The job you plan to do is directly related to your major.
• Your DSO has recommended you for OPT in SEVIS and issued an updated Form I-20.
• You haven't already used 12 months of OPT at the same degree level.

One rule catches students off guard. If you use 12 months or more of full-time curricular practical training (CPT), you lose eligibility for OPT at that degree level. Part-time CPT doesn't have that effect.

Pre-completion vs post-completion OPT

Both types draw from the same 12-month allowance at each degree level. Any pre-completion OPT you use reduces what's left after graduation.

Most students save their full 12 months for after graduation, because that's when a full-time role is easier to land and when the STEM extension becomes possible.

The STEM OPT extension

If your degree is on the DHS STEM Designated Degree Program List, you may qualify for a 24-month extension after post-completion OPT. That brings the total to up to 36 months of work authorization.

STEM OPT has stricter requirements than standard OPT. 

According to USCIS's STEM OPT page, the employer must have a bona fide employer-employee relationship with you, sign Form I-983, run a formal training program tied to your degree, and report your termination or departure to your DSO within five business days.

USCIS also explains that if you file your STEM OPT application on time and your current OPT expires while it's pending, your employment authorization is automatically extended for 180 days. That cover ends once USCIS decides your application.

How the OPT application works

The process runs through your school first, then USCIS:

1. Request an OPT recommendation from your DSO, who enters it in SEVIS and issues a new I-20.
2. File Form I-765 with USCIS, online or by mail, within the required window.
3. Wait for your Employment Authorization Document (EAD).
4. Start working only on or after the start date printed on your EAD.

Timing is where many students lose time. 

Our guide on how long before graduation you can apply for OPT explains the filing window in detail. 

Check the current filing fee on the USCIS website before you apply, since fees change.

Rules for staying in status on OPT

Getting OPT approved is the first half. Keeping your status for the full period is the second, and most problems happen here.

1. Your work must relate to your major

Every job you hold on OPT has to be directly related to your field of study. Keep a short written note for each role that explains how your duties connect to your degree. 

If you're ever asked, you'll have it ready.

2. Unemployment limits

The unemployment clock starts on the start date of your EAD, not on your graduation date. Standard OPT allows up to 90 days of unemployment. The STEM extension adds 60 more days, for 150 days total across both periods.

The DHS Study in the States guidance on STEM OPT notes that SEVP officials can terminate a student's record if they accrue more unemployment days than the rules allow. 

Gaps between jobs count, so plan your next role before your current one ends.

3. Reporting changes

On post-completion OPT, you're responsible for reporting your employer details, address changes and any period of unemployment, usually through the SEVP Portal or your school's system. Report changes within 10 days.

STEM OPT adds more duties. You submit a new or updated I-983 when you change employers or when your training plan changes materially, complete self-evaluations, and confirm your information with your DSO every six months.

Travel while on OPT

International travel during OPT is possible but carries risk, especially before you have a job. Students typically carry their EAD, a valid passport and visa, an I-20 with a recent DSO travel signature, and an employment letter. 

Talk to your DSO before booking anything, because the 2026 rule changes described below could affect travel around STEM OPT filings if they take effect.

If you're unsure how OPT affects job applications, our post on whether you're legally authorized to work in the U.S. explains how F-1 students on OPT usually answer the work authorization and sponsorship questions.

OPT changes and proposals to watch in 2026

Two federal actions in 2026 could change how OPT works. Neither has changed the program yet, but both are worth tracking.

The proposed OPT fee

On October 7, 2026, DHS proposed a rule that would set a $70,000 fee for each F-1 student's initial OPT and a $30,000 fee for any subsequent OPT, including a STEM OPT extension. 

Under the proposal, the school would pay before the DSO enters the OPT recommendation in SEVIS. DHS has said schools may pass the cost on to students or employers.

This is a proposed rule only. The fees are not in effect, and the existing OPT process, fees and timelines still apply. If DHS finalizes the rule, the details could change from the proposal.

The duration of status rule

In July 2026, DHS published a final rule to replace "duration of status" for F and J visa holders with fixed admission periods. 

A federal court postponed its September 15, 2026 effective date and blocked DHS from implementing it while the case continues. 

Yale's Office of International Students and Scholars keeps a detailed FAQ on what the rule would change, including how it could affect students who travel before filing for STEM OPT.

Your DSO will be the first to know how these rules apply to you. Check your school's updates regularly, especially before travel or filing.

Working on OPT through a staffing firm

Many OPT graduates in tech land their first U.S. role through an IT staffing firm. It can be a fast route into contract or contract-to-hire work, but you should ask a few questions first.

From our experience placing early-career technology professionals, the questions that matter most are:

• Who is my employer? The firm that hires you should be your actual employer, running payroll and providing the job.
• Is the role directly related to my degree? Ask for a written job description you can match against your major.
• Does the firm use E-Verify? If you'll need STEM OPT later, this is required.
• Can the firm support STEM OPT? The employer signing your I-983 must have a bona fide relationship with you and oversee your training plan, which some staffing arrangements can't meet.
• What happens between projects? Unpaid time between assignments may count toward your unemployment limit.

For broader job search tactics, our guide to finding OPT jobs as an international student covers job boards, search terms and how to target OPT-friendly employers.

After OPT: what comes next

OPT is temporary, so it helps to plan your next step early. Many graduates move from OPT to H-1B status. 

If your employer files a timely H-1B petition with an October 1 start date and you're selected, the cap-gap rule can extend your F-1 status and work authorization until the H-1B begins.

Our comparison of H-1B and OPT explains how the two differ and how students usually move from one to the other.

Making the most of OPT for international students

OPT for international students works best when you treat it as a timeline, not just a permit. Apply in your window, pick roles that clearly match your degree, keep unemployment days low, and report every change on time. 

If you qualify for STEM, choose an employer that can support the I-983 before you need it. And with 2026 bringing proposed changes, check in with your DSO before any major decision.

Start Strong With Consultadd

With 15 years in business and 5,000+ successful staffing engagements, we don't just fill roles, we build reliability into your process. We've supported 65 staffing companies in the past year alone and maintain MSAs with industry leaders like Robert Half and TEKsystems.

Here's what working with Consultadd looks like:

• Talent sourced in under 24 hours
• Ready-to-deploy candidates, vetted for experience and compliance
• Lower turnover risk: we match long-term goals, not just short-term needs
• Seamless compliance: visa, documentation, onboarding? Handled.
• Dedicated 1:1 account managers for responsive, personalized support
• Top 100 candidate matches delivered in the past year
• Strong partnerships with universities to tap into fresh, committed talent
• Post-placement support so your investment grows beyond day one

For candidates, your next opportunity is more than just a job title, it's a chance to build skills, gain experience, and move your career forward. At Consultadd, we connect technology professionals with projects and employers that align with their goals, whether they're looking for contract, contract-to-hire, or long-term opportunities.

The tech job market moves fast, but the right guidance can make all the difference. Ready to take the next step in your career journey? Explore Opportunities >>

Key takeaways

• OPT gives F-1 students up to 12 months of work authorization per degree level in a job directly related to their major.
• STEM graduates can add 24 months, but only with an E-Verify employer that signs and follows a Form I-983 training plan.
• Unemployment is capped at 90 days on standard OPT and 150 days in total with the STEM extension.
• Reporting employer, address and training plan changes on time is as important as getting OPT approved.
• The October 2026 OPT fee proposal and the duration of status rule are not in effect, so current OPT rules still apply.

FAQs

What is OPT for international students?
OPT, or Optional Practical Training, is temporary work authorization for F-1 students in the U.S. It allows you to work in a job directly related to your major, either during your program or after you graduate. You stay in F-1 status while on OPT.

How long is OPT?
You can receive up to 12 months of OPT at each degree level. If your degree is on the DHS STEM list and you meet the employer requirements, you can apply for a 24-month STEM OPT extension, for up to 36 months in total.

Can I work any job on OPT?
No. Every job on OPT must be directly related to your major field of study. Post-completion OPT employment should be at least 20 hours per week to count, and STEM OPT employment must be paid and with an E-Verify employer.

How many days can I be unemployed on OPT?
You can be unemployed for up to 90 days on standard post-completion OPT. With the STEM extension, you get 60 more days, for 150 days in total. The count starts on your EAD start date, and gaps between jobs count toward it.

Do I need a job offer to apply for OPT?
Not for standard OPT. You can apply and receive your EAD before you have a job, though your unemployment days start once the EAD becomes valid. For the STEM OPT extension, you do need a qualifying employer, because the employer must sign your Form I-983.

Is the new $70,000 OPT fee in effect?
No. DHS proposed the fee in October 2026, and it is not final. Until a final rule is published and takes effect, current OPT rules, fees and timelines remain in place. Check your school's international office for updates.

Introduction 

Most people know about the H-1B. Far fewer know there are more than a dozen other types of US work visas, and that the H-1B often isn't the best fit for a given candidate. 

The right visa depends on where someone is from, what they do, who's hiring them, and whether they plan to stay for good.

This guide covers the main US work visa categories, who qualifies for each, how long each one lasts, and which ones lead to a green card. It's written for hiring teams and for candidates trying to figure out their options.

TL;DR

• US work visas split into two groups: temporary (nonimmigrant) visas for a set period and immigrant visas that lead to a green card.
• The H-1B is the most common professional work visa, but it's capped at 85,000 new visas a year and decided by a wage-weighted lottery.
• Several H-1B alternatives skip the lottery entirely, including the L-1, O-1, TN, E-3 and H-1B1.
• Students on F-1 status can work through OPT for up to 12 months, or 36 months total with a STEM extension.
• Employment-based green cards fall into five categories (EB-1 to EB-5), with a combined annual limit of about 140,000.

Temporary vs permanent work visas 

Every US work visa falls into one of two buckets:

• Nonimmigrant visas let someone work in the US for a limited time, usually for a specific employer. 
• Immigrant visas give permanent residence, which means a green card and the freedom to work for almost anyone.

The distinction matters early in hiring. A temporary visa can often be in place within months. A green card can take years, sometimes a decade or more, depending on the category and the person's country of birth.

Most employer-sponsored temporary visas start with a Form I-129 petition filed with USCIS. 

If you're new to the employer's side of this, our guide to what visa sponsorship involves and what it costs walks through the process.

One more point people mix up: a visa and work authorization aren't the same thing. A visa gets you through the border. Your status and documents determine whether you can work. 

Consultadd's explainer on work authorization and EAD basics covers that difference in detail.

The H visa family

The H category covers the visas most people picture when they think about US work visas. It includes professional, seasonal and trainee roles.

H-1B: the specialty occupation visa

The H-1B is for jobs that require at least a bachelor's degree in a related field. Software developers, data analysts, engineers and accountants make up a large share of H-1B workers.

The annual cap is 85,000 new visas: 65,000 under the regular cap and 20,000 reserved for workers with a U.S. advanced degree. Status starts with a three-year term and can generally run up to six years. 

Because H-1B is a dual intent visa, holders can pursue a green card without putting their status at risk.

Demand far exceeds supply. In the FY 2024 lottery, USCIS received 758,994 eligible registrations and selected 110,791. 

Starting February 27, 2026, USCIS moved to a selection system that favors higher-paid workers, and a Level IV wage offer now gets four lottery entries compared with one entry at Level I.

Costs are also in flux. A September 2025 proclamation required an extra $100,000 payment for certain new H-1B petitions, but a federal court in Massachusetts vacated the policy implementing that fee on June 8, 2026, and the First Circuit refused to pause that ruling on July 24, 2026. 

A new proclamation signed September 18, 2026 extends the fee through September 21, 2027, so employers should check the USCIS H-1B specialty occupations page before filing.

For eligibility details, see H1B visa prerequisites and who qualifies. For a plain-English overview of how the visa works day to day, read what an H1 visa is.

H-1B1: for Chile and Singapore

The H-1B1 works much like the H-1B but only for citizens of Chile and Singapore under free trade agreements. 

It has its own allocation (1,400 for Chile and 5,400 for Singapore), so these candidates don't compete in the main lottery. It's renewable in one-year increments and isn't a dual intent visa.

H-2A and H-2B: seasonal and temporary labor

These cover temporary jobs that don't need a degree. The H-2A is for agricultural work and has no annual cap. 

The H-2B is for non-agricultural seasonal or peak-load work, such as landscaping, hospitality and construction, and is capped at 66,000 a year.

Both require the employer to get a temporary labor certification first. The Department of Labor's H-2A program page explains that step.

H-3: trainees

The H-3 is for people coming to receive training that isn't available in their home country. It's not meant for productive employment, so it rarely comes up in IT staffing.

Nonimmigrant work visas beyond the H-1B 

This is where H-1B alternatives come in. None of the visas below goes through the H-1B lottery, which is why recruiters look at them first when a candidate qualifies.

L-1: intracompany transferees

The L-1 lets a multinational company move an employee from a foreign office to a US office. The employee generally needs at least one continuous year with the company abroad in the past three years.

• L-1A covers managers and executives and can last up to seven years.
• L-1B covers employees with specialized knowledge of the company's products or processes and can last up to five years.

There's no annual cap, and the L-1 is dual intent. Spouses come in on L-2 status.

O-1: extraordinary ability

The O-1 is for people at the top of their field in science, business, education, athletics or the arts. Applicants usually need to meet at least three of eight evidence criteria, such as major awards, published work about them, judging others' work, or a high salary.

The O-1 is granted for up to three years at first and can be extended in one-year increments with no set limit, as long as the person stays eligible. In tech, it's increasingly used by senior engineers, researchers and founders who missed the H-1B lottery.

TN: Canadian and Mexican professionals

The TN visa comes from the USMCA trade agreement. Only citizens of Canada and Mexico qualify, and the job has to appear on the USMCA list of professions, which includes engineers, computer systems analysts and scientists.

There's no annual cap, and status runs in three-year periods that can be renewed. The catch: TN isn't dual intent, so showing an intention to immigrate while applying for or entering on a TN can lead to a denial.

E-3: Australian professionals

The E-3 is a specialty occupation visa for Australian citizens. It has a separate allocation of 10,500 visas a year, renews in two-year increments, and avoids the H-1B lottery. 

Spouses of E-3 workers can work in the US.

E-1 and E-2: treaty traders and investors

These are for citizens of countries with qualifying treaties with the US. The E-1 covers substantial trade between the two countries. 

The E-2 covers people who invest a substantial amount in a US business and come to run it. Both renew indefinitely as long as the business qualifies.

P, R and other categories

A handful of visas serve narrow groups. P visas cover athletes, entertainers and their support staff. The R-1 covers religious workers. 

You'll rarely see these in corporate hiring, but they're part of the full set of US work visa categories.

Student and exchange work options 

Students aren't on a work visa, but they're one of the biggest sources of early-career tech talent, so they belong in this conversation.

F-1 OPT and STEM OPT

OPT lets an F-1 student work in a job directly related to their major for up to 12 months, and students with qualifying STEM degrees can get a 24-month extension, for 36 months in total. 

Initial OPT doesn't require a job offer. The STEM extension does, and the employer must be enrolled in E-Verify.

Staffing firms need to watch one rule closely. Under USCIS STEM OPT rules, the employer that signs Form I-983 can't hand its training responsibilities to a client, the client's employees, or the client's contractors. 

That shapes how STEM OPT candidates can be placed on client projects.

For a side-by-side look at the two most common early-career routes, see the differences between H-1B and OPT.

J-1 exchange visitors

The J-1 covers researchers, scholars, interns and trainees in approved exchange programs. Some J-1 holders must spend two years in their home country before switching to an H-1B or green card, so check that requirement before making an offer.

Employment-based green card categories 

Temporary visas solve the immediate hiring need. The employment-based green card is the long-term answer for workers who want to stay.

Congress set the annual limit of 140,000 employment-based green cards in 1990, and that number includes dependent family members. 

A per-country limit means people born in India and China often wait much longer than everyone else.

Most employers file under EB-2 or EB-3, which means going through PERM labor certification with the Department of Labor first. EB-1A applicants with extraordinary ability don't need a job offer and can file the petition themselves.

Comparing the main types of US work visas 

Here's how the most common professional visas stack up. Caps and durations reflect current rules, but fees and processing times change often.

USCIS keeps an official summary of work pathways for STEM professionals that's worth bookmarking if you hire in tech.

How recruiters match candidates to visa types 

In staffing, visa questions come up on almost every international candidate. Experienced recruiters don't start with "do you need an H-1B?" 

They start with nationality, current status and how long the candidate has before their work authorization ends.

A few scenarios show how this plays out:

• A Canadian data engineer with a computer science degree usually fits the TN. There's no lottery, approval can happen at the border, and the employer avoids most H-1B costs.
• A developer on STEM OPT with 18 months left gives the employer two H-1B lottery attempts before OPT runs out. Missing both means the team needs a backup plan, often an O-1 or a cap-exempt role.
• An engineer at a multinational's India office may qualify for an L-1B after a year with the company abroad, skipping the lottery entirely.
• A senior ML researcher with publications and conference talks may be a strong O-1 candidate, even if they've lost the H-1B lottery twice.

One practical tip: confirm status documents early. Candidates sometimes describe their status loosely, and a "work permit" can mean OPT, an H-4 EAD or a pending green card EAD. Each has different limits. 

If a candidate isn't sure where they stand, our guide on whether you're legally authorized to work in the US is a good place to start.

Choosing among the types of US work visas 

The types of US work visas aren't interchangeable. Nationality alone opens or closes the TN, E-3 and H-1B1. Employment history decides the L-1. 

A strong record of achievement opens the O-1. Everyone else usually ends up in the H-1B lottery, with all the uncertainty that comes with it.

If you're hiring, map each candidate's options before the offer goes out, not after. If you're a candidate, know your timeline: when your current status ends, how many lottery attempts you have left, and whether a green card is part of the plan. 

Rules on H-1B fees and selection have changed several times since 2025, so verify current requirements with USCIS or an immigration attorney before filing anything.

Start Strong With Consultadd

With 15 years in business and 5,000+ successful staffing engagements, we don't just fill roles, we build reliability into your process. We've supported 65 staffing companies in the past year alone and maintain MSAs with industry leaders like Robert Half and TEKsystems.

Here's what working with Consultadd looks like:

• Talent sourced in under 24 hours
• Ready-to-deploy candidates, vetted for experience and compliance
• Lower turnover risk: we match long-term goals, not just short-term needs
• Seamless compliance: visa, documentation, onboarding? Handled.
• Dedicated 1:1 account managers for responsive, personalized support
• Top 100 candidate matches delivered in the past year
• Strong partnerships with universities to tap into fresh, committed talent
• Post-placement support so your investment grows beyond day one

For candidates, your next opportunity is more than just a job title, it's a chance to build skills, gain experience, and move your career forward. At Consultadd, we connect technology professionals with projects and employers that align with their goals, whether they're looking for contract, contract-to-hire, or long-term opportunities.

The tech job market moves fast, but the right guidance can make all the difference. Ready to take the next step in your career journey? Explore Opportunities >>

Key takeaways

• US work visa categories split into temporary nonimmigrant visas and permanent employment-based green cards, and each serves a different hiring need.
• The H-1B is capped and lottery-based, and its fees and selection rules have changed repeatedly since 2025, so check USCIS before filing.
• TN, E-3, H-1B1, L-1 and O-1 visas avoid the H-1B lottery for candidates who qualify by nationality, employer history or achievement.
• STEM OPT gives graduates up to three years of work, but staffing firms must follow the rules on who provides training.
• Employment-based green cards are limited to about 140,000 a year, and most require PERM labor certification first.

FAQs

What are the main types of US work visas?
The main types are temporary work visas such as the H-1B, L-1, O-1, TN, E-3, H-2A and H-2B, and permanent employment-based green cards in the EB-1 through EB-5 categories. Students can also work through F-1 OPT. The right option depends on the person's job, nationality, qualifications and long-term plans.

Which US work visa is easiest to get?
For citizens of Canada and Mexico, the TN is usually the simplest because there's no cap or lottery and Canadians can apply at the border. Australians have a similar route through the E-3. For most other nationalities there's no truly easy option, and the H-1B depends on lottery selection.

Can I get a US work visa without a job offer?
Most US work visas require a sponsoring employer. The main exceptions are the EB-1A green card and the EB-2 National Interest Waiver, which allow self-petitioning. The O-1 can be filed through an agent, and the E-2 lets investors work in their own business.

How long can you stay in the US on a work visa?
It depends on the visa. The H-1B allows up to six years, the L-1A up to seven, and the L-1B up to five. The TN, E-3 and O-1 can be renewed repeatedly as long as the person stays eligible.

Can a work visa lead to a green card?
Yes, especially dual intent visas like the H-1B and L-1, which let holders apply for permanent residence without hurting their current status. The TN, E-3 and H-1B1 don't allow immigrant intent, so candidates on those visas often switch to an H-1B before starting a green card. Wait times depend heavily on the category and country of birth.

Can I change employers on a US work visa?
On an H-1B, you can usually move to a new employer once that employer files a new petition, a process often called an H-1B transfer. Other visas like the TN and O-1 also require the new employer to file. L-1 status is tied to one company group, so changing employers generally means switching to a different visa.

Introduction 

A contract-to-hire offer is really a long interview. You get paid during it, which helps. But the decision at the end is still a hiring decision, and you can influence it more than most contractors realize.

Working contract to hire means you start as a contractor, usually as a W-2 employee of a staffing agency, and the client company decides after a set period whether to bring you on permanently. Some people convert easily. Others reach month six and find out the role was never going to become permanent.

The difference usually comes down to what you asked before you started and how you handled the trial itself. This guide covers both.

TL;DR

• Before accepting, ask whether permanent headcount is already approved and what the conversion salary range is. Vague answers are a warning sign.
• Treat the first 30 days as the most important stretch. Early impressions shape the conversion decision more than the final month.
• Ask for feedback at regular intervals and keep a running record of what you've delivered.
• Compare your contract rate and conversion offer on total compensation, not just hourly versus salary.
• If conversion doesn't happen, a good staffing agency can extend you or move you to the next role quickly.

What working contract to hire actually looks like

If you need the basics on how the model is structured, Consultadd's explainer on what contract to hire means and who it's for covers it. Here, the focus is on what happens week to week once you've started.

Most trials run three to six months, though some run longer. The arc tends to look like this:

Here's something recruiters see often: managers form their view of a contractor much earlier than the contract end date. 

By the midpoint, most have already decided. The final weeks are usually about budget approval, not about your performance.

Questions to ask before you accept

The best time to protect yourself is before you sign. These questions are fair to ask your recruiter, and good recruiters will already have the answers.

That last question matters more than people think. When a client has to pay a conversion fee to hire you early, some will wait until the fee reduces or expires. 

Knowing that timeline helps you understand delays that have nothing to do with your work.

If you're comparing a contract-to-hire offer against other types of contract roles, Consultadd's guide on what contract work means breaks down W-2, 1099, corp-to-corp, and contract-to-hire side by side.

How to get converted during the trial

Strong technical work is the baseline. It's rarely enough on its own. Contractors who convert tend to do a handful of other things well.

1. Act like part of the team

Join standups, team channels, and planning meetings unless you're specifically told not to. 

Contractors who stay on the edges are easy to let go, because nobody feels the gap when they leave. Contractors who become part of how the team works are hard to replace.

2. Get feedback early and on a schedule

Don't wait for your manager to bring up performance. At about the 30-day mark, ask something like: "What would make you confident about bringing me on full-time?" Then ask again at the midpoint.

The answers tell you what the decision actually depends on. Sometimes it's a skill gap you can close. Sometimes it's budget, which you can't control but at least know about.

3. Keep a record of what you've delivered

Write down what you shipped, problems you fixed, and anything you improved, with dates. This helps in two ways. 

Your manager can use it to justify your conversion to their leadership. And you can use it when negotiating your salary.

4. Build relationships beyond your manager

Conversion decisions often involve more than one person. A peer engineer who says "we need to keep this person" carries real weight. 

So does a product manager who relies on your work. Be useful to people outside your direct reporting line.

5. Keep your recruiter informed

Your staffing agency recruiter usually has conversations with the client that you don't see. Tell them about your wins and any feedback you've received. 

A recruiter who knows you're doing well can push for conversion at the right moment.

Negotiating your conversion offer

Many people accept the first conversion offer because they're relieved to get one. That's understandable, but it's often a mistake.

The tricky part is comparing an hourly contract rate to an annual salary. A higher hourly rate doesn't mean you're earning more once benefits and paid time off are counted.

Here's an illustrative comparison. The numbers are examples, not market rates.

In this example, the contract looks like it pays more. But two weeks of unpaid vacation and a few holidays can easily reduce that $114,400 by several thousand dollars. 

Add a health plan and a retirement match, and the salaried offer may come out ahead.

A few negotiation points:

• Use your record. You have months of proof that you can do the job. That's more leverage than any new candidate has.
• Negotiate total compensation. If the base salary is fixed, ask about signing bonus, extra PTO, title, or start date.
• Ask early. Raise the salary question at the midpoint, not the week before the contract ends. Late-stage negotiations get rushed.
• Involve your recruiter. The agency often knows the client's budget better than you do and can help set expectations on both sides.

Signs conversion may not happen

Not every contract-to-hire role converts. Watch for these signals:

• Your manager stops discussing the future or avoids the conversion question.
• The team is going through a reorganization, budget freeze, or leadership change.
• Other contractors on the team have reached their end dates without converting.
• You're asked to extend the contract repeatedly with no conversion date attached.
• Your work is being documented for handover rather than expanded.

None of these mean you've done anything wrong. Budget decisions are often made well above your manager's level. But they're a reason to talk openly with your recruiter about a backup plan.

What changes when you convert

Conversion is technically a new job with a new employer. Expect some paperwork and a few practical gaps.

If you're on an H-1B visa, the conversion counts as an employer change, and the new employer generally needs to file a petition with USCIS. 

Don't assume it happens automatically. Start that conversation at the midpoint of your contract, not the final week.

If you don't get converted

It happens, and it's not the end of the road. You have a few options.

Ask for an extension. Sometimes conversion is delayed by budget timing. An extension keeps you working while the client sorts it out.

Ask your agency to redeploy you. A good staffing agency will already be looking for your next role before your contract ends. You've just proven yourself in a real environment, which makes you easier to place.

Use the experience on your resume. A completed contract at a known company, with specific results, is strong evidence for your next employer. Present it the same way you'd present any role.

For tech contractors weighing whether to keep pursuing contract-to-hire roles or switch to straight contract or corp-to-corp work, Consultadd's guide to C2C jobs and contract-to-hire opportunities covers the trade-offs.

Is working contract to hire worth it?

It depends on what you want. Working contract to hire suits people who want to test a company before committing, need to get into a company that isn't hiring full-time right now, or are changing careers and need to prove themselves on real work.

It's a weaker fit if you need guaranteed stability right away, or if health benefits from day one are non-negotiable.

The broader data shows mixed preferences. In the Bureau of Labor Statistics' most recent survey on alternative work, only 40.8% of contingent workers said they preferred their contingent arrangement. 

Many people take contract roles as a path to something permanent, which is exactly what contract to hire is designed to offer.

If you want to see the model from the employer's side, Consultadd's breakdown of contract-to-hire benefits, pros and cons explains why companies use it and what they're evaluating. 

Understanding their reasons makes it easier to give them what they need.

Start Strong With Consultadd

With 15 years in business and 5,000+ successful staffing engagements, we don't just fill roles, we build reliability into your process. We've supported 65 staffing companies in the past year alone and maintain MSAs with industry leaders like Robert Half and TEKsystems.

Here's what working with Consultadd looks like:

• Talent sourced in under 24 hours
• Ready-to-deploy candidates, vetted for experience and compliance
• Lower turnover risk: we match long-term goals, not just short-term needs
• Seamless compliance: visa, documentation, onboarding? Handled.
• Dedicated 1:1 account managers for responsive, personalized support
• Top 100 candidate matches delivered in the past year
• Strong partnerships with universities to tap into fresh, committed talent
• Post-placement support so your investment grows beyond day one

For candidates, your next opportunity is more than just a job title, it's a chance to build skills, gain experience, and move your career forward. At Consultadd, we connect technology professionals with projects and employers that align with their goals, whether they're looking for contract, contract-to-hire, or long-term opportunities.

The tech job market moves fast, but the right guidance can make all the difference. Ready to take the next step in your career journey? Explore Opportunities >>

Key takeaways

• Working contract to hire goes best when you confirm approved headcount, a salary range, and a conversion timeline before you accept.
• Managers usually form their conversion view by the midpoint, so the first weeks of the contract matter most.
• Regular feedback, a written record of your results, and relationships across the team all improve your odds of converting.
• Compare contract pay and conversion offers on total compensation, including PTO, health insurance, and retirement benefits.
• Plan the practical side of conversion early, especially health coverage dates and any visa petition.

FAQs

How long does working contract to hire usually last before conversion?
Most contract-to-hire periods run three to six months, though some extend to a year. Ask your recruiter for the specific target length before you accept, and confirm whether the client has historically converted contractors on that timeline.

Do contract-to-hire employees get benefits?
During the contract, any benefits come from the staffing agency, and they vary widely. Some agencies offer health insurance and paid time off, while others offer very little. Once you convert, you move onto the client's benefits plan.

Can I negotiate my salary when converting from contract to full-time?
Yes, and you usually should. You have months of proven work, which gives you more leverage than an outside candidate. Raise the topic around the midpoint of your contract and negotiate on total compensation, not just base salary.

What happens if I'm not converted at the end of the contract?
The contract ends, and you remain an employee of the staffing agency until your assignment closes. A good agency will try to extend you or move you to a new role. The completed contract also strengthens your resume for future applications.

Is contract to hire a good idea for someone changing careers?
It can be. Contract-to-hire lets you prove your skills on real work rather than relying only on interviews, which helps when your background doesn't match a role on paper. The trade-off is less job security during the trial period.

Does contract-to-hire work for H-1B visa holders?
It can, but conversion counts as a change of employer, which generally requires a new H-1B petition from the client. Raise this with your recruiter before accepting the role, and plan the petition timing with an immigration attorney well before the contract ends.

Introduction 

A candidate accepts your offer on Monday and asks when they can start. If they need a work visa, the honest answer could be "in about three weeks" or "next October." It depends almost entirely on which visa they need and where they are right now.

So, how long does it take to get a work visa in the US? A Canadian professional on a TN can get a decision at the border on the same day. A non-cap H-1B or O-1 petition with premium processing can get a USCIS decision in 15 business days, though the full process usually takes longer than that. 

A new cap-subject H-1B runs on an annual calendar, so registration in March leads to an October 1 start at the earliest.

This guide breaks the timeline down by visa type and by stage, so employers and candidates can plan a realistic start date. It covers US work visas only, and it isn't legal advice. Your immigration attorney should confirm the details for any specific case.

TL;DR

• Work visa timelines in the US range from same-day (TN for Canadians at the border) to most of a year (new cap-subject H-1B).
• Every employer-sponsored visa moves through similar stages: documents, labor filing, USCIS petition, and often a consular interview.
• Premium processing speeds up the USCIS decision to 15 business days for most work petitions, but it doesn't speed up the lottery, the Labor Department, or the consulate.
• Since September 2025, most applicants must interview in their country of nationality or residence, which can mean longer appointment waits.
• Some candidates can start sooner than you'd expect, such as H-1B holders changing employers and students on OPT.

Work visa timelines by visa type

The visa type sets the outer limits of your timeline. This table gives a realistic picture for the visas tech employers use most often.

If you're unsure which category a candidate falls into, our guide to whether you're legally authorized to work in the US explains the difference between employer-tied visas and work permits.

The stages every work visa goes through

Most employer-sponsored visas follow the same basic path. The total time is the sum of these stages, and the delays usually come from just one or two of them.

The labor filing

For H-1B and E-3 workers, the employer first files a Labor Condition Application. The Department of Labor reviews LCAs within seven working days for completeness and obvious errors. 

This step rarely causes long delays, but a typo in the wage level or worksite can force you to start over.

The USCIS petition and premium processing

This is where most of the variation sits. USCIS publishes current averages on its processing times tool, and regular processing for some petition types has stretched to many months.

Premium processing shortens that. For most I-129 work petitions, USCIS commits to acting within 15 business days. For OPT and STEM OPT work permit applications, the window is 30 business days.

Two things to understand about premium processing:

• First, "acting" can mean a Request for Evidence instead of an approval. 
• Second, it only speeds up USCIS. It does nothing for the lottery, the Labor Department, or the consulate.

The consular interview

If the worker is outside the US, they usually need a visa stamp from a US embassy or consulate. This step has become harder to predict.

In September 2025, the State Department told nonimmigrant applicants to schedule interviews in their country of nationality or residence. 

Applicants who book elsewhere should expect longer waits. Before you set a start date, check the State Department's global visa wait times page for the specific consulate.

H-1B processing time: cap-subject vs cap-exempt

The H-1B gets its own section because its timeline depends on whether the job is subject to the annual cap.

For a new cap-subject H-1B, the calendar controls everything. Employers register candidates in March. Selected employers can file petitions from April 1, and the earliest start date is October 1. If a candidate isn't selected, the next chance is the following year.

Two recent changes affect planning:

• A wage-weighted selection system took effect for the FY2027 season, which gives higher wage levels better odds. 
• The $100,000 payment on certain new H-1B petitions has been extended through September 2027 by proclamation but blocked in court, so its status could change. Check the USCIS H-1B page before filing.

Cap-exempt cases and H-1B holders changing employers skip the lottery. With premium processing, those cases can move in weeks.

We go deeper on H-1B processing time with premium vs regular processing and on what sponsoring an H-1B visa involves in separate guides.

What slows down a work visa

Most delays aren't random. They come from a short list of causes, and most are preventable

The RFE row deserves extra attention. With premium processing, USCIS stops the clock when it issues an RFE and starts a new 15-business-day window after it gets your response. A slow response can easily cost more time than the premium fee saved.

How hiring teams shorten the US work visa timeline

Recruiters who place visa holders every week tend to use the same handful of moves. None of them are shortcuts around the rules. They're about filing the right thing at the right time.

1. Hire candidates who can start while their case is pending

Some candidates can begin work before a final decision:

• H-1B holders changing employers. Under H-1B portability, an eligible worker can usually start with the new employer once the new petition is filed, without waiting for approval.
• Students on OPT or STEM OPT. They already have work permission through their EAD. If an H-1B petition is filed for them in time, cap-gap rules can extend their work authorization until October 1.

Our comparison of H-1B vs OPT explains how the two connect.

2. Collect documents before the offer is final

A common pattern from the staffing side: a Java developer accepts an offer, then spends three weeks getting a foreign degree evaluated. Nothing is filed in the meantime. Asking for degree certificates, transcripts, past visa approvals, and recent pay stubs during the final interview round removes that dead time.

3. Use premium processing where it actually helps

Premium processing is worth it when USCIS is the bottleneck, such as an H-1B transfer for a project starting next month. It's less useful when the real wait is a consular appointment in the candidate's home country, because the petition will sit approved while the candidate waits for an interview.

4. Match the visa to the candidate early

A Canadian engineer in a TN-eligible role may be able to start within days. An Australian may qualify for an E-3 without any lottery. Asking about citizenship (where lawful and appropriate) and current status at the screening stage avoids defaulting to the slowest option.

Planning a start date around how long it takes to get a work visa

Start with the candidate's current status, not the visa you're used to filing. That one question changes the answer to how long it takes to get a work visa more than anything else.

Then plan backwards. Add up the stages that apply, use premium processing where USCIS is the slow part, check consular wait times for anyone abroad, and add a buffer of a few weeks for RFEs or administrative processing. 

Put that date in the offer letter as an estimate, not a promise, and tell the candidate early if anything shifts.

Start Strong With Consultadd

With 15 years in business and 5,000+ successful staffing engagements, we don't just fill roles, we build reliability into your process. We've supported 65 staffing companies in the past year alone and maintain MSAs with industry leaders like Robert Half and TEKsystems.

Here's what working with Consultadd looks like:

• Talent sourced in under 24 hours
• Ready-to-deploy candidates, vetted for experience and compliance
• Lower turnover risk: we match long-term goals, not just short-term needs
• Seamless compliance: visa, documentation, onboarding? Handled.
• Dedicated 1:1 account managers for responsive, personalized support
• Top 100 candidate matches delivered in the past year
• Strong partnerships with universities to tap into fresh, committed talent
• Post-placement support so your investment grows beyond day one

For candidates, your next opportunity is more than just a job title, it's a chance to build skills, gain experience, and move your career forward. At Consultadd, we connect technology professionals with projects and employers that align with their goals, whether they're looking for contract, contract-to-hire, or long-term opportunities.

The tech job market moves fast, but the right guidance can make all the difference. Ready to take the next step in your career journey? Explore Opportunities >>

Key takeaways

• The visa type sets your timeline: TN can be same-day, while a new cap-subject H-1B follows an annual calendar ending in an October 1 start.
• Most sponsored visas pass through documents, a labor filing, a USCIS petition, and often a consular interview.
• Premium processing gets a USCIS decision in 15 business days for most work petitions but doesn't speed up the lottery or the consulate.
• Consular wait times now matter more, since most applicants must interview in their country of nationality or residence.
• H-1B transfers and OPT holders can often start sooner, so check a candidate's current status before choosing a visa path.

FAQs

How long does it take to get a work visa in the US?
It depends on the visa. A TN for Canadians can be decided at the border the same day, while non-cap petitions with premium processing get a USCIS decision in 15 business days. A new cap-subject H-1B follows an annual cycle, so registration in March means an October 1 start at the earliest.

How long does it take to get an H-1B visa?
For a new cap-subject H-1B, plan on about seven months from March registration to an October 1 start, if the candidate is selected. Cap-exempt cases and H-1B transfers skip the lottery and can move in weeks with premium processing. Add consular appointment time if the worker is abroad.

Can I speed up my work visa application?
Premium processing shortens the USCIS decision to 15 business days for most work petitions. Filing a complete petition with all documents also helps avoid a Request for Evidence. Premium processing doesn't affect the H-1B lottery or consular appointment waits.

How long does it take to get a visa interview appointment?
Wait times vary a lot by embassy and consulate, and they change often. The State Department publishes current estimates on its global visa wait times page. Since September 2025, most applicants must book in their country of nationality or residence, which can mean longer waits in busy locations.

Can I start working while my work visa is processing?
Usually not, but there are exceptions. Eligible H-1B holders changing employers can typically start once the new petition is filed, and students on OPT can work under their existing work permit. Cap-gap rules can also extend OPT work authorization while an H-1B petition is pending.

How long does a TN visa take?
Canadian citizens can apply at a port of entry or preclearance location and often get a decision the same day. Mexican citizens must apply for a TN visa at a US consulate, so their timeline depends on appointment availability. In both cases, a clear support letter from the employer matters most.

Introduction

Most F-1 students learn the definitions of CPT and OPT in their first week of orientation. The harder part comes later, when a real offer shows up and you have to decide which one to use, and what it will cost you down the road.

The short answer to OPT vs CPT: 

CPT covers work that's a required part of your degree while you're still enrolled. 

OPT gives you up to 12 months of work in your field per degree level, usually after graduation, with up to 24 more months if you have a qualifying STEM degree. 

Which one fits depends on your timing, your program's rules, and whether you're planning for an H-1B.

This guide walks through six common situations. If you need the basic definitions first, start with our guide to what OPT and CPT are.

This article is general information, not legal advice. Your DSO and, where needed, an immigration attorney have the final word on your case.

TL;DR

• CPT is for training that's a required part of your curriculum, authorized by your DSO before your program ends. OPT is authorized by USCIS and is usually used after graduation.
• Part-time CPT (20 hours a week or less) doesn't reduce your OPT. Twelve months or more of full-time CPT at one degree level removes your post-completion OPT.
• STEM graduates can add a 24-month STEM OPT extension, which gives more time for H-1B lottery attempts.
• August 2026 SEVP guidance narrowed when schools can approve CPT, including Day 1 CPT. Optional internships may no longer qualify.
• An October 2026 DHS proposal would add large fees for OPT recommendations. It's not in effect, and current OPT rules still apply.

OPT vs CPT at a glance

The CPT and OPT difference comes down to who approves it, when you can use it, and whether you need a job first. 

According to DHS's Study in the States, CPT is authorized by your DSO in SEVIS, while OPT requires approval from USCIS and an Employment Authorization Document before you can start.

Six scenarios and which program fits

1. A summer internship after your first year

If your program requires an internship for credit, CPT is usually the better choice. It keeps your full 12 months of OPT for after graduation.

If the internship is optional, check with your DSO before assuming CPT will work. Under the August 2026 SEVP guidance, many schools are no longer approving CPT for elective internships. 

Pre-completion OPT is the fallback, but every month you use comes out of your post-completion OPT.

2. A part-time internship during the semester

Part-time CPT is the cleanest option here, as long as your school considers the role part of your curriculum. Part-time CPT doesn't count toward the 12-month full-time limit, so it won't touch your OPT.

3. Your first full-time job after graduation

This is what post-completion OPT is for. You can apply as early as 90 days before your program end date and up to 60 days after it. 

Our guide on how long before graduation you can apply for OPT covers that window and the 30-day deadline after your DSO's recommendation.

You don't need an offer to apply. Once OPT starts, you have up to 90 days of unemployment, so don't wait until the last minute to job hunt.

4. A STEM graduate planning for an H-1B

If your degree is on the DHS STEM list, plan around OPT plus the STEM OPT extension. Study in the States notes that the STEM OPT extension adds 24 months, and the employer must use E-Verify and provide at least 20 hours of training a week. You'll also need a Form I-983 training plan.

That combined 36 months usually gives you more than one shot at the H-1B lottery. It's also why STEM students should be careful with full-time CPT. Losing your initial 12 months of OPT also costs you the STEM extension, since the extension builds on post-completion OPT. 

Our comparison of H-1B vs OPT explains how that transition works.

5. A job offer during school, but no required internship course

Before August 2026, many schools approved CPT for elective internship courses. That's much harder now. If your program doesn't require practical training for all students, your DSO may not be able to approve CPT.

Pre-completion OPT can still work, but it needs USCIS approval, which can take months. Start early, and ask the employer whether they can push the start date.

6. OPT is ending and you're considering Day 1 CPT

Day 1 CPT means enrolling in a graduate program that requires practical training from the first term. Federal rules still allow it, but the August 2026 guidance put these programs under closer review. 

SEVP wants the training to be required for every student in the program, not just F-1 students who need work authorization.

If you're considering this route, ask the school in writing how its curriculum meets the current guidance, and talk to an immigration attorney before you enroll. 

A program that later loses its approval can leave you without status or work authorization.

The 12-month full-time CPT rule

This is the rule that catches the most students. If you use 12 months or more of full-time CPT (over 20 hours a week) at one degree level, you can't use post-completion OPT at that level.

Months add up across semesters. Three summers of full-time CPT plus one full-time semester can push you over without you noticing. Track your total each term and ask your DSO to confirm it.

Part-time CPT doesn't count toward this limit, no matter how long you use it. That's why many students stay part-time during semesters and keep full-time CPT for one summer.

For tips on finding roles that qualify, see our CPT job guide for F-1 students.

What changed for OPT and CPT in 2026

Two developments matter for anyone weighing OPT vs CPT right now.

In August 2026, SEVP sent two broadcast messages to school officials (dated August 12 and August 24) with a narrower reading of when training is "integral" to a curriculum. 

The guidance didn't change the CPT regulation, but it pushed schools to approve CPT only when the training is required for everyone in the program. Many universities have since tightened their CPT policies.

In October 2026, DHS published a proposed rule on Optional Practical Training fees. It would charge schools $70,000 for a student's first OPT recommendation and $30,000 for later ones, including STEM OPT. 

The proposal says schools could pass these costs to students or employers. CPT isn't covered by the proposal.

Rules in this area are moving fast. Check with your DSO before making a decision based on any of the above.

What employers and staffing firms check 

From the hiring side, the paperwork for each program looks different. Recruiters at IT staffing firms see students lose offers over avoidable mix-ups, like starting a day before the CPT date on their I-20.

For CPT, employers look at page 2 of your I-20, which lists the employer name and start and end dates. You can't work before that start date or for a different employer.

For OPT, employers look at your EAD card and its validity dates. For STEM OPT, the employer must be enrolled in E-Verify and complete the I-983 training plan with you. Contract and staffing roles can work on STEM OPT, but the training relationship has to be with the employer who signs the I-983, so ask early how that's set up.

Not sure how to answer work authorization questions on applications? 

Our guide on whether you're legally authorized to work in the US walks through how F-1 students usually answer.

How to plan your OPT vs CPT timeline 

The best OPT vs CPT decision usually starts in your first semester, not when the offer arrives. Map out your program end date, any required internships, and whether your degree qualifies for STEM OPT.

Then work backward:

• Use part-time CPT during semesters if your program allows it.
• Keep full-time CPT well under 12 months in total.
• Avoid pre-completion OPT unless there's no other option.
• Request your OPT recommendation early in the 90-day window before graduation.
• If you're in STEM, look for employers enrolled in E-Verify before your initial OPT ends.

If you plan this way, you'll usually have a clear choice when an offer shows up.

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Key takeaways

• Use CPT for training your curriculum requires during school, and save OPT for after graduation whenever you can.
• Part-time CPT is free to use; 12 months of full-time CPT at one degree level removes your post-completion OPT.
• STEM graduates should plan around OPT plus the 24-month STEM extension, which requires an E-Verify employer and a Form I-983.
• Since August 2026, CPT for optional internships and Day 1 CPT programs faces closer review, so confirm your school's current policy.
• The proposed OPT fees aren't in effect yet, so current rules still apply while the rule moves through public comment.

FAQs

Is CPT or OPT better for an internship?

CPT is usually better if the internship counts toward your degree, because it doesn't use up your OPT time. If your school won't approve CPT for the role, pre-completion OPT is an option, but those months come out of your 12-month total. Ask your DSO which applies before you accept the offer.

Can I use CPT and OPT for the same job?

Yes, it's common to start a role on CPT during school and continue with the same employer on OPT after graduation. You'll need separate authorizations, and there may be a gap while USCIS processes your OPT. Apply early in the 90-day window to keep that gap short.

Does CPT need a job offer?

Yes. You must have the training position before your DSO can authorize CPT, and the authorization names that specific employer. OPT is different, since you can apply before you have a job.

Can I work for multiple employers on OPT?

Yes, on standard OPT you can work for more than one employer as long as each role relates to your major. You must report each employer through the SEVP Portal or your DSO. STEM OPT is stricter, because each employer needs its own I-983 and E-Verify enrollment.

Is Day 1 CPT still allowed in 2026?

Federal rules still allow CPT from the first term for graduate programs that require it. The August 2026 SEVP guidance made schools apply that requirement more strictly. Get the school's explanation in writing and speak with an immigration attorney before you enroll.

How long does OPT approval take compared with CPT?

CPT can be approved by your DSO within days, since it doesn't go to USCIS. OPT goes through USCIS and often takes a few months, though premium processing is available for an extra fee. That's why it pays to file OPT early in your window.