Select an employment visa type from the list below to learn more:
Common Temporary Employment Visas
H1-B
- Most commonly sought visa for professional workers
- Reserved for filling “Specialty Occupations” that require specialized knowledge that is acquired through a bachelor’s degree or equivalent experience
- Quota: 65,000 per year, 20,000 additional visas available for professionals with a U.S. master’s degree or higher
- Lottery system triggered if the number of visa registrations exceeds the cap: Visas are granted on a first-come basis and, in recent years, the quota has been reached within a few days.2 Family: yes, spouses and children under 21 may enter on an H4 visa (a special visa issued to immediate family members of an H visa holder.) H4 visa holders are not inherently authorized to work, but certain H-4 visa holders can file a Form I-765, Application for Employment Authorization once the H-1B visa holder has started the process of employment-based lawful permanent residency (green card) or if they have an H-1B status under the amended American Competitiveness in the 21st Century Act of 2000. All H4 visa holders can enroll at colleges and universities in the U.S.
Initially admitted for a period of up to three years; may be extended for up to six years total.
- Employers must participate in an initial registration period, which runs for a minimum of 14 days each fiscal year. Only those with selected, will be eligible to submit an H1-B petition.
- The employer must submit a labor condition application to the Department of Labor and prove that they will pay the prevailing wage for the offered position.
- Additionally, employers must submit an Form I-129, Petition for a Nonimmigrant Worker. If the foreign worker is abroad at the time of petition, they must go to a U.S. embassy or consulate to apply for a H1-B visa.
H2-A
- Temporary/seasonal agricultural workers
- The Department of Homeland Security publishes the list of H-2A eligible countries here.
- Quota: no annual limit, however, H-2A visas make up roughly 10 percent of crop farmworkers in the country and that is largely because of a number of requirements that often hinder employers from hiring H2-A foreign workers, including, but not limited to:
- The complexity of the system: As part of the Temporary Employment Certification, employers must 1) anticipate a shortfall in labor and start their applications ahead of the working season, and 2) take ample measures to advertise the position to the U.S. workforce until halfway through the working season.
- The 1-year cap: H2-A visa work must be seasonal and last less than 1 year. Dairy and most live-stock farms are hence excluded from using H-2A visas because of their year-around labor demand.
- Family: yes, spouses and children under 21 may enter on an H-4 visa (see H1-B description above for more on H-4 visa work authorization.)
Initially admitted for a period of approved employment (<1 year); may be renewed in increments of one year, for up to three years total.
- The employer must submit an application for Temporary Employment Certification to the Department of Labor.
- The employer must provide evidence that the position is temporary/seasonal, that the prospective employee is a national of an H2-A eligible country, that the position will not adversely affect wages or working conditions of U.S. workers counterparts.
- After labor certification is approved, the employer must submit an Form I-129, Petition for a Nonimmigrant Worker. If the foreign worker is abroad at the time of petition, they must go to a U.S. embassy or consulate to apply for a H2-A visa.
H2-B
- For seasonal and temporary nonagricultural positions (e.g. seafood processing, landscapers, maids, construction workers, and chefs)
- The Department of Homeland Security publishes a list of H-2B eligible countries
- Quota: 66,000 per fiscal year, with 33,000 issued during the first half of the fiscal year (Oct 1 – Mar 31) and the remainder distributed in the latter half of the fiscal year (Apr 1- Sept 30). However, due to the high demand for these visas, administrations in past years have released a limited number of additional visas. For the fiscal year 2021, DHS announced an increase of 22,000 additional H-2B visas, 6,000 of which will be set aside for nationals of the Northern Triangle countries of Honduras, El Salvador, and Guatemala.
- Family: yes, spouses and children under 21 may enter on an H-4 visa (see H1-B description above for more on H-4 visa work authorization)
Initially admitted for a period of approved employment; may be renewed in increments of one year, for up to three years total.
- The employer must submit an application for Temporary Employment Certification to the Department of Labor.
- The employer must provide evidence that the position is temporary/seasonal, that the prospective employee is a national of an H2-A eligible country, that the position will not adversely affect wages or working conditions of U.S. workers counterparts.
- The employer must provide evidence that the H-2B visa position is intermittent, peak-load, or a seasonal need and is a one-time occurrence. Additionally, employers much show that the prospective employee is a national of an H2-B eligible country and that the position will not adversely affect wages or working conditions of U.S. workers counterparts.
- After labor certification is approved, the employer must submit an Form I-129, Petition for a Nonimmigrant Worker. If the foreign worker is abroad at the time of petition, they must go to a U.S. embassy or consulate to apply for a H2-B visa.
Other temporary visas
L-1A & L-1B
- For transferring U.S. employed foreign workers from affiliate international offices to one of its U.S based offices. Also allows a foreign company, with no affiliated U.S. office, to send an executive or manager to the U.S. with the purpose of establishing one.
- L-1A: for transfering an executive or manager
- L-1B: for transfering a professional employee with specialized knowledge
- Quota: no annual limit Family: yes, spouses and children under 21 may enter on an L-2 visa (a non-immigrant visa issued to immediate family members of L-1 visa holders.) Spouses may apply for work authorization by filing a Form I-765, Application for Employment Authorization.
- Employees entering to open a new office are allowed a maximum of one year total
- Transferred employees are admitted for a period of up to three years.
- Both visas may be renewed in increments of up to two years, for a total of seven years for L-1A and a total of five years for L-1B.
The employer must file a Form I-129, Petition for a Nonimmigrant Worker on behalf of the employee.
H-3
- For the purpose of receiving training (Trainee or Special Education Exchange Visitor)
- Trainee: reserved for individuals participating in training that is not available in their country (excluding graduate medical education or training)
- Special Education Exchange Visitor: reserved for practical training in the education of children with physical, mental, or emotional disabilities
- Quota: no annual limit for trainees, however there is an annual cap of 50 for special education exchange visitors
- Family: yes, spouse and children under 21 may enter on an H-4 visa. They are not authorized to work
- Trainees are initially admitted for two years
- Special education exchange visitors are admitted for up to 18 months.
The employer must file Form I-129, Petition for Nonimmigrant Worker and must prove that the training is not available in the individual’s home country, that the individual will not engage in productive employment, and that the training will benefit the individual’s career development.
B-1
- For short-term business visitors
- Reserved for individuals participating in business activities such as consulting, negotiations, training, professional conferences, or conducting independent research. May not engage in any employment in the U.S. or attend public schools. (Individuals from certain countries may be able to enter the U.S. without a visa. More information here)
- Quota: no annual limit
- Family: no, spouses and children under 21 are not eligible to obtain a dependent visa; must apply separately
Initially admitted for one to six months; may be extended for one year total.
None.
J-1
- For temporary and seasonal exchange visitors
- Reserved for individuals participating in an approved program for the purpose of; instructing, lecturing, studying, observing, conducting research, consulting, demonstrating special skills, receiving training, or to receive graduate medical education or training (e.g. students, trainees, specialists, researchers)
- Quota: no annual limit
- Family: yes, spouses and children under 21 may enter on a J-2 visa (a non-immigrant visa issued to immediate family members of a J-1 holder), and are authorized to work
- Initially admitted for the period of the approved program.
- Initially admitted for the period of the approved program. E.g. internship programs (up to 12 months), trainees (up to 18 months), specialists (up to 12 months), professor or research scholar (up to 5 years)
- Some exchange visitors on J-1 visas are required to physically return to their home country for 2 years, after their exchange
The employer or sponsoring agency must supply applicants with a Form DS-2019, Certificate of Eligibility for Exchange Visitor Status.