Foreign nationals can work in the United States on a temporary, nonimmigrant basis if they qualify under a specific employment-related visa category. Each category serves a defined purpose, from intra-company transfers and specialist occupations to extraordinary ability, performers, cultural exchange, treaty-based trade and investment, and professional entries for Canadians and Mexicans.
What this article is about: This gateway guide gives employers and applicants a clear overview of the main US employment visa groupings and what they are used for. It explains, at a high level, how petition-based categories work, what to expect in the visa application stage, typical fees, evidence to prepare, and how dependants can accompany the main applicant. It also signposts to deeper guidance on each route (H, L, O, P, Q, J, I, E, and TN/TD) so you can move quickly to the category that matches your hiring or travel purpose.
This is not legal advice. It is a practical starting point that helps you choose the right nonimmigrant category and understand the steps: employer petition (where required), consular processing, documentary proof, and compliance points affecting both employers and workers. Where a petition is required, approval by USCIS is generally needed before the consular interview can be scheduled. Where a petition is not required, eligibility must still be documented carefully at the visa interview or, for certain nationals, at the port of entry.
Scope of categories covered in this hub: H (specialty occupations, seasonal and trainee routes), L (intra-company transferees), O (extraordinary ability and support personnel), P (athletes, artists, entertainers, and related staff), Q (cultural exchange), J (exchange visitors), I (representatives of foreign media), E (treaty traders and investors), and TN/TD (professionals under USMCA). Each route has distinct eligibility rules, time limits, and documentary standards. The sections that follow summarize purpose, application steps, fees, key documents, and treatment of spouses and children.
Section A: Temporary Employment Visas (H, L, O, P, Q)
Temporary employment visas cover the most widely used petition-based categories. These routes are designed for foreign nationals seeking to work in the United States for a limited period where a US employer or organisation has demonstrated a need for their skills. Each of these visas generally requires an employer to file Form I-129, Petition for a Nonimmigrant Worker, with USCIS before the applicant can attend a visa interview. Once approved, the worker is authorised to perform the specific role described in the petition, subject to compliance with visa conditions.
You can read our extensive guide to Temporary Worker Visas here >>
1. Overview
These categories include:
- H visas – for specialty occupations (H-1B), seasonal or temporary workers (H-2A agricultural, H-2B non-agricultural), and trainees (H-3).
- L visas – for intra-company transferees moving from an overseas branch to a related US entity in managerial, executive, or specialised knowledge roles.
- O visas – for individuals with extraordinary ability in sciences, arts, education, business, athletics, or recognised achievements in film or television, plus their essential support staff.
- P visas – for athletes, artists, and entertainers participating in performances, competitions, or cultural events, and their support teams.
- Q visas – for cultural exchange programmes, allowing participants to share traditions, history, and culture while working in the US.
2. How to Apply
The US employer must submit Form I-129 with supporting evidence to USCIS. Once approved, the foreign worker receives a Notice of Action (Form I-797). With this approval, the applicant can complete the DS-160 visa form, pay the visa fee, schedule a consular interview, and present supporting documents. Labour condition applications or other certifications may be required depending on the visa category (for example, an LCA from the Department of Labor for H-1B roles).
3. Fees
Fees vary depending on the visa type. They may include:
- Petition filing fee (Form I-129).
- Fraud prevention and detection fee (for certain H and L categories).
- Visa application (MRV) fee payable to the consulate.
- Premium processing fee (optional, for faster petition adjudication).
4. Required Documentation
Applicants must generally present:
- A valid passport and Form DS-160 confirmation page.
- The Form I-797 Notice of Approval from USCIS.
- Evidence of the job offer and employer support letter.
- Any required labour certifications.
- Academic qualifications, CV, or evidence of extraordinary ability (for O visas).
5. Spouses and Children
Dependants may accompany the principal visa holder under related categories: H-4, L-2, O-3, P-4, and Q-3. Spouses and children can reside in the US for the same period as the main applicant. Certain dependants, such as L-2 spouses, may apply for employment authorisation. Children may attend school but cannot work.
Section Summary: Temporary employment visas (H, L, O, P, Q) are petition-based and employer-driven. They cater to a wide range of employment scenarios, from specialist knowledge to cultural exchange. The process typically begins with a USCIS petition, followed by consular processing. Employers and applicants must prepare accurate documentation to secure approval and maintain lawful status.
Section B: Exchange Visitor Visa (J)
The J visa route is designed to promote cultural exchange and international cooperation through study, teaching, research, and temporary work experiences. Applicants must be accepted by a programme authorised by the US Department of State. Common categories include research scholars, professors, teachers, students on exchange schemes, au pairs, camp counsellors, and participants in summer work travel programmes.
1. Overview
The Exchange Visitor (J) visa allows foreign nationals to participate in specific programmes that encourage mutual understanding between the US and other countries. Unlike petition-based visas, eligibility depends on acceptance into a designated programme rather than a USCIS petition. Programme sponsors are responsible for compliance, issuing key documents, and ensuring participants meet the criteria for their category.
2. How to Apply
Applicants must first secure a place in an approved exchange programme. Once accepted, the sponsor issues Form DS-2019, Certificate of Eligibility for Exchange Visitor Status. With this, the applicant pays the SEVIS I-901 fee, completes the DS-160 application, and schedules a consular interview. At the interview, the applicant must demonstrate ties to their home country and show they will participate in the programme as authorised.
3. Fees
The main costs include:
- SEVIS I-901 fee (paid online before the interview).
- Visa application (MRV) fee.
- Additional programme fees (set by the sponsoring organisation).
4. Required Documentation
Applicants generally need:
- Form DS-2019 issued by the sponsor.
- Proof of SEVIS fee payment.
- Valid passport and DS-160 confirmation page.
- Evidence of financial support during the programme.
- Letter of acceptance or contract from the programme sponsor.
5. Spouses and Children
Dependants of J visa holders may apply for J-2 visas. J-2 spouses may apply for work authorisation once in the US, while children may attend school. All dependants must have individual DS-2019 forms issued by the sponsor and must maintain valid status throughout the principal applicant’s programme.
Section Summary: The J visa enables foreign nationals to participate in cultural and educational exchange programmes approved by the US government. Applicants require sponsorship, Form DS-2019, and SEVIS registration. Dependants may accompany on J-2 visas, with spouses eligible to seek employment authorisation in the US. The route is not petition-based but depends heavily on programme sponsor oversight and compliance.
You can read our extensive guide to the Exchange Visitor Visa here >>
Section C: Media Visa (I)
The I visa category is reserved for representatives of foreign media, including members of the press, film crews, and radio broadcasters, travelling to the United States for professional activities. This visa is strictly limited to journalistic and related work, and it does not cover entertainment or advertising projects.
1. Overview
The Media (I) visa enables journalists and media workers to enter the US for assignments that serve an informational or news-gathering purpose. Eligible activities include reporting on current events, producing news programmes, and covering cultural or sporting events for a foreign audience. It does not extend to commercial entertainment or scripted productions.
2. How to Apply
Applicants complete Form DS-160, pay the visa application fee, and attend a consular interview. A letter from the employer or media organisation confirming the applicant’s role, purpose of travel, and length of assignment is typically required. The process is generally more streamlined than petition-based categories, as no USCIS approval is needed in advance.
3. Fees
Applicants must pay the standard nonimmigrant visa application fee (MRV). Additional costs may arise from documentation requirements, such as employer letters or press credentials, but there is no petition filing fee.
4. Required Documentation
Common supporting evidence includes:
- A valid passport and completed DS-160 confirmation page.
- Letter from employer or sponsoring media organisation detailing assignment.
- Evidence of press accreditation or media credentials.
- Examples of recent published work (if requested).
5. Spouses and Children
Dependants may apply for accompanying I visas. Spouses and children are permitted to live in the US for the duration of the principal applicant’s assignment. However, they are not eligible for work authorisation. Children may attend school during their stay.
Section Summary: The I visa is a non-petition route for representatives of foreign media entering the US for news-related purposes. Applicants require an employer letter and professional credentials, with dependants able to accompany under the same category. This visa provides a straightforward path for foreign media to operate in the US, subject to strict limitations on permitted activities.
You can read our extensive guide to US Media Visas here >>
Section D: Treaty-Based and Professional Visas (E and TN/TD)
Certain employment visas are available under international treaties or trade agreements. These categories support investment, trade, and professional services between the US and partner countries. They are distinct from petition-based visas, with eligibility determined by treaty nationality and professional qualifications.
1. Treaty Trader & Investor Visa (E)
The E visa is for nationals of countries that maintain treaties of commerce and navigation with the United States. It applies to:
- Treaty traders (E-1) – entering the US to engage in substantial trade between the US and their treaty country.
- Treaty investors (E-2) – making a substantial investment in a US enterprise, with a key role in directing the business.
- E employees – executives, managers, or specialists from treaty companies.
Applicants must demonstrate treaty nationality, ownership or investment in a qualifying business, and intent to depart when visa status ends. While no USCIS petition is required for first-time consular applications, extensions from within the US may require USCIS involvement.
2. NAFTA/USMCA Professional Worker Visa (TN/TD)
The TN visa allows qualified Canadian and Mexican nationals to work in the US under the United States–Mexico–Canada Agreement (formerly NAFTA). It applies to specific professional occupations such as accountants, engineers, scientists, and teachers. Applicants must provide proof of nationality, a job offer from a US employer in an eligible profession, and evidence of qualifications.
Dependants (spouses and children) are eligible for TD status. While TD holders cannot work, they may study in the US. Canadians can typically apply directly at a US port of entry, while Mexicans must obtain a TN visa at a US consulate.
Section Summary: Treaty-based and professional visas allow foreign nationals from treaty or trade agreement countries to work in the US without the petition requirements of H or L categories. The E visa supports trade and investment, while the TN/TD route facilitates cross-border professional employment for Canadian and Mexican nationals. Both categories require proof of eligibility, intent to return, and compliance with strict professional or investment criteria.
You can read our extensive guide to Treaty-Based and Professional Visas here >>
Frequently Asked Questions
1. What is the difference between H-1B and L-1 visas?
The H-1B visa is for foreign nationals in specialty occupations requiring a degree or equivalent, while the L-1 visa allows intra-company transferees to work in a US branch or subsidiary. H-1B requires a labour condition application, while L-1 is based on corporate affiliation.
2. Can dependants of work visa holders study in the US?
Yes. Children of most employment visa holders may attend school in the US. Some dependants, such as L-2 and J-2 spouses, may also apply for employment authorisation, but children are not permitted to work.
3. Do all US work visas require employer sponsorship?
No. Petition-based visas such as H, L, O, and P require employer sponsorship, but some categories such as I, E, and TN do not require a USCIS petition. Instead, applicants must demonstrate eligibility through employer letters, treaty investment, or professional qualifications.
4. How long do employment visas take to process?
Processing times vary. Petition-based categories may take several months unless premium processing is used. Non-petition visas, such as I or TN for Canadians, can sometimes be obtained in days. Consular appointment availability also affects timelines.
5. Can employment visas lead to a green card?
Some work visas can be stepping stones to permanent residency. For example, H-1B holders may be sponsored for an employment-based green card. L-1A managers and executives may qualify for the EB-1C green card route. However, many temporary visas, such as J and Q, do not lead to permanent residency.
Conclusion
The United States offers a wide range of employment visa categories, each tailored to specific roles, industries, and international agreements. Petition-based visas such as H, L, O, P, and Q provide structured routes for specialist workers, transferees, and cultural exchange participants, while non-petition visas like I, E, and TN/TD address media professionals, treaty traders, investors, and cross-border professionals.
Employers and applicants must carefully assess which category fits their circumstances. Petition requirements, documentary standards, fee structures, and dependant rights vary significantly. For many categories, accurate employer sponsorship and compliance are critical to securing and maintaining lawful status.
Key takeaway: Identifying the correct visa route at the outset and preparing a compliant application will avoid delays and refusals. Employers should ensure petitions and supporting evidence are complete, while applicants must be ready to demonstrate qualifications, purpose of travel, and intent to depart when required.
Together, these visa categories form the framework of temporary employment in the US, allowing foreign nationals to contribute their skills while safeguarding compliance with immigration law.
Glossary
| Form I-129 | Petition for a Nonimmigrant Worker filed by a US employer with USCIS. |
| DS-2019 | Certificate of Eligibility for Exchange Visitor Status issued by a programme sponsor. |
| SEVIS | Student and Exchange Visitor Information System used to track J visa participants. |
| USCIS | United States Citizenship and Immigration Services, the agency handling petitions and status applications. |
| NAFTA/USMCA | Trade agreement framework allowing TN/TD visas for Canadian and Mexican professionals. |
Useful Links
| US Temporary Worker Visas | travel.state.gov |
| Exchange Visitor Program | j1visa.state.gov |
| Treaty Trader & Investor Visa (E) | travel.state.gov |
| TN/TD NAFTA Professional Visa | uscis.gov |
Author
Founder & Principal Attorney Nita Nicole Upadhye is a recognized leader in the field of US business immigration law, (The Legal 500, Chambers & Partners, Who's Who Legal and AILA) and an experienced and trusted advisor to large multinational corporates through to SMEs. She provides strategic immigration advice and specialist application support to corporations and professionals, entrepreneurs, investors, artists, actors and athletes from across the globe to meet their US-bound talent mobility needs.
Nita is an active public speaker, thought leader, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals.