Temporary worker visas allow foreign nationals to enter the United States for a fixed period to carry out employment in specific roles. Unlike immigrant visas, which provide a pathway to permanent residence, these nonimmigrant visas are granted for temporary employment purposes only. They play an important role in supporting the US economy, giving employers access to skilled, seasonal or specialist workers, while also offering individuals the chance to gain professional or cultural experience in the US.
What this article is about: This article explains the main US temporary worker visa categories. It covers the H visas for specialty occupations, seasonal work and training; the L visa for intra-company transferees; the O visa for extraordinary ability; the P visa for athletes, artists and entertainers; and the Q visa for cultural exchange. Each section outlines who is eligible, how the visa works and the application process. The article also highlights employer obligations, compliance issues and the rights of workers, with clarifications on caps, durations, dual-intent categories and dependant rules.
Section A: Overview of Temporary Worker Visas
Temporary worker visas form a core part of the United States’ nonimmigrant visa system. They are designed for individuals who wish to come to the US for employment that is temporary in nature, without intending to remain permanently. These visas provide lawful entry to carry out authorised work and are essential for industries that require access to specialist, seasonal or high-skilled workers from abroad.
Employers must usually play a central role in these applications. In most cases, a US-based employer is required to file a petition on behalf of the foreign worker with United States Citizenship and Immigration Services (USCIS). Only once the petition is approved can the worker apply for the visa at a US consulate or embassy overseas. This process ensures that both the employer and the worker meet the regulatory standards set by US immigration law. Petition approval is always discretionary and does not guarantee visa issuance or entry to the United States, as final admissibility is determined by Customs and Border Protection at the port of entry.
The temporary nature of these visas is strictly enforced. Applicants must demonstrate an intention to return to their home country once their visa expires, unless they move onto a different authorised immigration category. While some visa holders may later transition to permanent residence through sponsorship or self-petition in a separate category, temporary worker visas themselves do not confer permanent immigration benefits. Certain categories such as H-1B and L visas are recognised as “dual intent”, meaning holders may pursue permanent residence while maintaining temporary status. Other visas, such as H-2 and Q visas, do not allow for dual intent.
The main categories of temporary worker visas are grouped by purpose and type of employment:
- H visas cover specialty occupations, agricultural and non-agricultural seasonal work and training.
- L visas allow multinational companies to transfer executives, managers or workers with specialised knowledge to related US entities.
- O visas cater to individuals with extraordinary ability in fields such as science, arts, education, business or athletics.
- P visas are for athletes, artists and entertainers taking part in cultural or sporting events, either as individuals or in groups.
- Q visas are issued for cultural exchange programmes designed to share traditions, skills and history in a workplace setting.
These categories reflect the diverse needs of the US labour market. They also provide opportunities for international collaboration, skills exchange and cultural enrichment, all under a controlled framework of compliance and oversight.
Section A Summary
Temporary worker visas are nonimmigrant visas intended for short-term employment in the United States. They require employer sponsorship in most cases and are carefully regulated to ensure workers enter the country lawfully and only for the specific employment permitted under their visa. The main categories—H, L, O, P and Q—cover a wide range of employment and cultural exchange purposes, providing options for both employers and workers depending on their circumstances. Some visas, such as H-1B and L, are dual intent and may support a later transition to permanent residence, while others, such as H-2 and Q, are strictly temporary.
Section B: H Visa Categories
The H visa group provides US employers with access to foreign workers for specialty roles, seasonal labour and structured training. Each subcategory has distinct eligibility, process steps and compliance duties designed to protect both US and foreign workers.
1. H-1B Specialty Occupations
The H-1B allows US employers to hire foreign professionals in specialty occupations requiring highly specialised knowledge and at least a bachelor’s degree (or equivalent) in a specific field. Typical fields include IT, engineering, maths, architecture and healthcare. H-1B is a dual-intent category, meaning holders may pursue permanent residence while maintaining H-1B status.
- Process: Employer files Form I-129 with a certified Labour Condition Application (LCA) confirming prevailing wage and working conditions.
- Cap & selection: 85,000 new visas per fiscal year (including 20,000 for US master’s or higher), typically allocated via an electronic registration and selection process.
- Duration: Granted up to 3 years initially, extendable to a maximum of 6 years in aggregate. Certain green card applicants may extend beyond 6 years under AC21 provisions.
- Compliance: Wage, notice and public access file obligations; material job changes generally require an amended petition.
You can read our extensive guide to the H1B Visa here >>
The H-1B1 visa is a nonimmigrant category created under the United States’ free trade agreements (FTAs) with Chile and Singapore. It provides a streamlined route for professionals from these two countries to work in the United States in speciality occupations, broadly similar to the H-1B visa but with distinct features.
You can read our extensive guide to the H-1B1 Visa here >>
2. H-2A Temporary Agricultural Workers
The H-2A lets agricultural employers fill temporary or seasonal roles when there are not enough US workers who are willing, able and qualified. Employers must provide free housing and either meals or kitchen facilities, and meet inbound/outbound transport obligations.
- Cap: No annual numerical cap (uncapped), unlike H-2B.
- Process: Temporary labour certification from DOL, then Form I-129 to USCIS; recruitment steps required to protect US workers.
- Duration: Granted for the certified period (up to 1 year at a time), with extensions possible to a 3-year maximum.
- Compliance: Wage rates, housing standards, record-keeping and worker protections are strictly enforced.
You can read our extensive guide to the H-2A Visa here >>
3. H-2B Temporary Non-Agricultural Workers
The H-2B covers seasonal or peak-load roles outside agriculture (for example hospitality, landscaping, construction and seafood processing) where employers face temporary labour shortages.
- Cap: 66,000 visas per fiscal year, split between halves of the year; in some years DHS may release supplemental allocations.
- Process: Employer obtains temporary labour certification from DOL, then files Form I-129; recruitment and attestations are required.
- Duration: Generally authorised for the temporary need (up to 1 year at a time), with extensions to a 3-year maximum.
- Compliance: Required wages and working conditions; audits and enforcement can lead to penalties and debarment for violations.
You can read our extensive guide to H2B Visas here >>
4. H-3 Trainees & Special Education Exchange
The H-3 permits entry for structured training that is unavailable in the trainee’s home country. The programme must primarily provide training, not productive employment. A special H-3 track allows participation in programmes offering practical training in educating children with physical, mental or emotional disabilities.
- Process: Employer/sponsor submits a detailed training plan with Form I-129 showing objectives, supervision and how the programme is not primarily employment.
- Duration: Up to 2 years for standard H-3 training; up to 18 months for special education exchange.
- Limitations: Training must prepare the beneficiary for a career outside the US; restrictions apply to patient care and productive work.
You can read our extensive guide to the H3 Visa here >>
Section B Summary
H visas address distinct temporary workforce needs: H-1B for degree-level specialty roles (dual intent; up to 6 years, AC21 extensions possible), H-2A for seasonal agriculture (uncapped), H-2B for seasonal non-agricultural work (capped at 66,000, with possible supplements) and H-3 for structured training (time-limited). All require careful compliance with wage, recruitment and petition rules, and breaches can trigger civil penalties, debarment and immigration consequences.
Section C: Other Key Temporary Worker Visa Categories
Beyond the H visa group, other temporary worker categories serve specialised purposes. These include intra-company transferees, individuals of extraordinary ability, athletes and entertainers, and cultural exchange participants. Each carries specific evidentiary and compliance requirements.
1. L Visa: Intra-Company Transferees
The L visa enables multinational companies to transfer staff to a US branch, affiliate or subsidiary. It covers:
- L-1A: Executives and managers.
- L-1B: Employees with specialised knowledge.
The worker must have been employed abroad for at least 1 continuous year in the 3 years preceding the transfer. Employers may use individual petitions or a blanket petition for high-volume transfers. The L visa is a dual-intent category, meaning holders may pursue permanent residence without jeopardising their L status.
- Duration: L-1A up to 7 years; L-1B up to 5 years.
- Dependants: L-2 spouses and children; spouses have work authorisation incident to status.
You can read our extensive guide to the L1 Visa here >>
You can read our extensive guide to the L-1A Visa here >>
You can read our extensive guide to the L1B Visa here >>
2. O Visa: Individuals of Extraordinary Ability
The O visa is reserved for those with extraordinary ability in sciences, arts, education, business or athletics, shown by sustained national or international acclaim. For film and television, O-1B applies. Essential support staff may qualify for O-2 if integral to the O-1’s work.
- Process: Form I-129 with detailed evidence (awards, publications, peer reviews). A consultation from a relevant peer group or labour organisation is typically required.
- Duration: Up to 3 years initially, with 1-year extensions in increments tied to the event or project.
- Dependants: O-3 spouses and children; no work rights, but study permitted.
You can read our extensive guide to the O1 Visa here >>
You can read our extensive guide to the O1B visa here >>
You can read our extensive guide to the O2 Visa here >>
You can read our extensive guide to the O3 Visa here >>
You can read our extensive guide to the Form I-129 here >>
3. P Visa: Athletes, Artists and Entertainers
The P visa supports temporary entry for athletes, artists and entertainers under the following subcategories:
- P-1A: Internationally recognised athletes, individually or in teams.
- P-1B: Members of internationally recognised entertainment groups.
- P-2: Artists/entertainers in reciprocal exchange programmes.
- P-3: Individuals/groups performing, teaching or coaching in culturally unique programmes.
Support staff may also qualify under the P category. Applicants must provide contracts, event details and evidence of international recognition.
- Duration: Generally tied to the event, competition or season; up to 1 year initially, with 1-year extensions.
- Dependants: P-4 spouses and children; no work rights, but may study.
You can read our extensive guide to the P1 Visa here >>
You can read our extensive guide to the P1A Visa here >>
You can read our extensive guide to the P1B Visa here >>
4. Q Visa: Cultural Exchange Programme
The Q visa allows participation in international cultural exchange programmes that provide practical training and share traditions, history and culture with the US public. Employers must demonstrate a genuine cultural component.
- Duration: Up to 15 months; after completion, a mandatory 1-year period abroad applies before eligibility for another Q visa.
- Dependants: Q visas do not permit dependant visas.
You can read our extensive guide to the Q1 Visa here >>
Section C Summary
The L, O, P and Q visas provide for distinct categories of temporary work. L visas allow multinational staff transfers (dual intent, with long maximum durations), O visas attract those at the top of their field, P visas enable athletes and entertainers to contribute to US sporting and cultural life and Q visas promote cultural exchange but bar dependants and reapplication until after 1 year abroad. Each requires detailed documentation and adherence to compliance rules, with violations leading to penalties or ineligibility.
Section D: Application Process and Compliance
Temporary worker visas involve structured procedures for both employers and applicants. These processes ensure that foreign nationals are admitted only when a genuine need exists and that the rights of US and foreign workers are protected.
1. Employer Petition Requirements
Most temporary worker visas start with the employer filing Form I-129, Petition for a Nonimmigrant Worker, with USCIS. The petition must include job details, the worker’s qualifications and, where required, labour certifications or attestations approved by the Department of Labor. USCIS adjudication is discretionary, and approval alone does not guarantee visa issuance or US entry.
2. Consular Processing and Visa Interview
After USCIS approval, the applicant must complete Form DS-160 and schedule a visa interview at a US consulate or embassy abroad. Consular officers review eligibility, confirm the temporary intent and carry out security checks. Biometric data is collected before visa issuance. Final entry is determined at the US port of entry by Customs and Border Protection.
3. Rights and Restrictions of Visa Holders
Temporary worker visa holders may only work for the petitioning employer in the role approved. Engaging in unauthorised employment, overstaying or breaching visa conditions can result in removal and future ineligibility. Some categories are dual intent (H-1B, L-1), which allows workers to pursue permanent residence without violating their status.
Dependants may accompany the main applicant under derivative visas, subject to category-specific rules:
- H-4: Spouses/children of H holders; generally no work rights unless the H-1B worker has an approved I-140.
- L-2: Spouses/children of L holders; spouses have automatic work authorisation incident to status.
- O-3/P-4: Spouses/children of O or P holders; may study but cannot work.
- Q: No dependant visas allowed.
You can read our extensive guide to the H4 Visa here >>
You can read our extensive guide to the L2 Visa here >>
You can read our extensive guide to the O3 Visa here >>
You can read our extensive guide to the P4 Visa here >>
4. Compliance Responsibilities for Employers and Workers
Employers must comply with strict immigration and labour requirements, including:
- Paying required wages and complying with labour certification or LCA obligations.
- Maintaining accurate employment records and a public access file where applicable.
- Reporting job changes or termination of employment to USCIS.
- Protecting wages and working conditions of US workers.
Workers must maintain lawful status, comply with visa conditions, and depart the US when their authorised stay ends unless extended or changed. Breaches can result in immigration penalties and bars on re-entry. Non-compliance by employers can lead to civil penalties, programme debarment and reputational harm.
Section D Summary
Applications for temporary worker visas require employer petitions, consular processing and strict compliance. Employers must adhere to labour protections and reporting duties, while workers must maintain lawful status and observe conditions of stay. Enforcement mechanisms are robust, with violations exposing employers to fines and debarment, and workers to removal and ineligibility. Success depends on careful observance of both immigration and employment law obligations.
FAQs
What is the difference between H-1B and L-1?
H-1B is for specialty occupation roles with a bachelor’s degree (cap-subject, dual intent, up to 6 years). L-1 transfers executives/managers (L-1A, up to 7 years) or specialised knowledge staff (L-1B, up to 5 years) within the same multinational group; also dual intent and not cap-subject.
Can a temporary worker visa lead to a green card?
Not directly. These are nonimmigrant visas. However, H-1B and L-1 are dual intent and commonly used as steps toward employment-based permanent residence. Other categories (e.g., H-2, Q) are strictly temporary with no dual intent.
How long can I stay on H-2B?
Authorised for the employer’s temporary need (often up to 1 year per grant) with extensions possible to a maximum of 3 years. After 3 years, you must depart the US before becoming eligible again.
What qualifies as “extraordinary ability” for O-1?
Sustained national or international acclaim showing you are among the small percentage at the top of your field, evidenced by major prizes/awards, leading roles, critical reviews, publications, high remuneration or comparable achievements, plus a required peer consultation.
Can my family come with me and can they work?
Most categories allow dependants (spouse and unmarried children under 21) but work rights vary: H-4 spouses generally cannot work unless the H-1B principal has an approved I-140; L-2 spouses are work-authorised incident to status; O-3 and P-4 cannot work but may study; Q has no dependant visas.
Does USCIS petition approval guarantee a visa or entry?
No. USCIS approval authorises the classification. Visa issuance is decided by a consular officer, and final admissibility is determined by CBP at the port of entry.
Can I change employer or job location on H-1B?
Material changes (new employer, worksite, duties) generally require an amended or new H-1B petition. Do not start the changed role until proper filing/approval rules are met.
Is H-2A capped like H-2B?
No. H-2A is uncapped. H-2B is capped at 66,000 per fiscal year (split half-year), with DHS sometimes releasing supplemental numbers.
How long are O, P and Q visas valid?
O-1: Up to 3 years initially, 1-year increments thereafter. P: Generally up to 1 year tied to the event/season, extendable in 1-year increments. Q: Up to 15 months, followed by a mandatory 1-year period abroad before eligibility for another Q.
Is premium processing available?
USCIS offers premium processing for many Form I-129 categories (including H, L, O and P) for an additional fee, expediting USCIS adjudication timelines.
Can I travel while my petition is pending?
International travel rules depend on status and filing type (change of status vs consular processing). Travel during a pending change of status may be treated as abandonment; consult case-specific guidance before travelling.
Conclusion
Temporary worker visas provide essential pathways for foreign nationals to work lawfully in the United States on a time-limited basis. They help employers address labour shortages, support cultural exchange and ensure specialist expertise can be accessed where needed. For applicants, they create opportunities for career development, global collaboration and cultural engagement.
Each visa category—H, L, O, P and Q—operates under specific statutory and regulatory frameworks. Some categories, such as H-1B and L-1, are dual intent and can support longer-term immigration plans, while others, such as H-2 and Q, are strictly temporary with no route to permanent residence. Maximum stay limits vary, and dependants’ rights differ across categories, underscoring the need for careful planning and compliance.
Employers must meet obligations relating to wages, recruitment and reporting, and workers must comply with all conditions of stay. USCIS petition approval alone does not guarantee visa issuance or admission, as consular officers and CBP determine final entry. Non-compliance carries serious risks, including civil penalties, programme debarment, removal and future ineligibility.
By understanding the structure, limits and obligations of temporary worker visas, employers can make informed staffing decisions and applicants can approach the process with clarity. Successful use of these visas depends on preparation, lawful compliance and recognition of their temporary nature.
Glossary
| Term | Meaning |
|---|---|
| USCIS | United States Citizenship and Immigration Services; adjudicates most Form I-129 petitions. |
| CBP | Customs and Border Protection; determines admissibility at the US port of entry. |
| Department of State | Oversees consular processing and visa issuance at embassies/consulates. |
| DOL | Department of Labor; certifies LCAs and temporary labor certifications for certain categories. |
| Form I-129 | Petition for a Nonimmigrant Worker filed by a US employer for most temporary work visas. |
| DS-160 | Online Nonimmigrant Visa Application completed before the consular interview. |
| LCA | Labour Condition Application; DOL certification required for H-1B confirming wage and conditions. |
| Temporary Labor Certification | DOL certification for H-2A/H-2B demonstrating a shortage of US workers and protecting US wages. |
| Dual intent | A doctrine allowing certain nonimmigrants (e.g., H-1B, L-1) to pursue permanent residence while in temporary status. |
| AC21 | American Competitiveness in the Twenty-First Century Act; permits certain H-1B extensions beyond 6 years tied to green card processes. |
| Public Access File | H-1B employer file containing required LCA-related documents available for public inspection. |
| Blanket L | A pre-approved framework allowing qualifying multinational employers to transfer L-1 workers more efficiently. |
| Derivative visas | Visas for dependants (spouse and unmarried children under 21) of principal visa holders (e.g., H-4, L-2, O-3, P-4). |
| Cap | Annual numerical limit on certain visas (e.g., H-1B 85,000; H-2B 66,000). H-2A is uncapped. |
Useful Links
| Resource | Link |
|---|---|
| USCIS – Temporary Workers | uscis.gov |
| US Department of State – Temporary Worker Visas | travel.state.gov |
| USCIS – Form I-129, Petition for a Nonimmigrant Worker | uscis.gov |
| US Department of State – DS-160 Application | travel.state.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.