US Temporary Worker Visas: A 2025 Guide

Temporary worker visas allow foreign nationals to enter the United States for employment on a time-limited basis. Unlike immigrant visas, which grant lawful permanent residence, these nonimmigrant visas provide work authorisation only for specific roles and durations. They are a vital component of the US immigration framework, enabling employers to access skilled, seasonal or specialised workers while offering individuals opportunities for professional development or cultural participation.

What this article is about: This guide explains the principal categories of US temporary worker visas. It covers the H visas for specialty occupations, agricultural and non-agricultural seasonal work, and training; the L visa for intra-company transferees; the O visa for individuals with extraordinary ability; the P visa for athletes, artists and entertainers; and the Q visa for cultural exchange. Each section sets out eligibility requirements, how the category operates, and the application process. It also highlights compliance responsibilities, employer duties and worker rights, with clarification on caps, visa validity, dual intent, and derivative visas.

Section A: Overview of Temporary Worker Visas

Temporary worker visas form a core element of the United States’ nonimmigrant visa system. They are designed for those who intend to enter the US solely to perform authorised employment of a temporary nature, without an immediate aim of permanent settlement. These visas are heavily relied upon by sectors requiring access to highly skilled or seasonal foreign labour.

In most cases, a US employer must first submit a petition to United States Citizenship and Immigration Services (USCIS) on behalf of the worker. Petition approval is required before the individual can apply for a visa at a US embassy or consulate abroad. This ensures the role and applicant satisfy regulatory standards. However, approval of the petition does not guarantee that the visa will be issued, nor that entry will be granted—final admissibility is always determined by Customs and Border Protection (CBP) at the port of entry.

Applicants generally need to demonstrate their intention to return home once their visa ends, unless they are in a category recognised as “dual intent”, such as the H-1B or L-1, which allow pursuit of permanent residence while maintaining nonimmigrant status. By contrast, visas such as the H-2A, H-2B and Q categories do not allow dual intent, and applicants must maintain a clear temporary intent throughout.

The principal categories of temporary worker visas are grouped by purpose:

• H visas – for specialty occupations, seasonal agricultural and non-agricultural labour, and structured training programmes.
• L visas – for intra-company transferees including executives, managers and specialised knowledge workers.
• O visas – for individuals with extraordinary ability in science, education, business, athletics, or the arts.
• P visas – for athletes, artists and entertainers engaged in cultural or sporting events.
• Q visas – for participants in cultural exchange programmes that combine practical training with cultural sharing.

These categories reflect the varied demands of the US labour market while balancing compliance oversight and worker protections. They also serve as platforms for international cooperation and cultural enrichment under a controlled immigration structure.

Section A Summary

Temporary worker visas are nonimmigrant routes that authorise employment in the United States for limited periods. Most categories require a petitioning employer, though in some cases authorised agents may act as petitioners. Certain visas, such as H-1B and L-1, permit dual intent, while others, like H-2 and Q, strictly enforce temporary intent. The five main categories—H, L, O, P and Q—offer tailored solutions to meet employer needs and provide lawful opportunities for foreign nationals to work or participate in US-based programmes.

Section B: H Visa Categories

The H visa classifications allow US employers to recruit foreign nationals for roles that are temporary in nature, ranging from specialty occupations to agricultural labour and structured training programmes. Each subcategory carries distinct eligibility rules, compliance duties, and time limits, ensuring both worker protections and alignment with US labour market needs.

1. H-1B Specialty Occupations

The H-1B visa permits US employers to employ foreign professionals in specialty occupations that require highly specialised knowledge and at least a bachelor’s degree (or equivalent experience) in a specific discipline. Common fields include IT, engineering, healthcare, mathematics and architecture. The H-1B is recognised as a dual intent category, allowing holders to pursue permanent residence without jeopardising their temporary status.

Process: Employers must first secure a certified Labour Condition Application (LCA) from the Department of Labor, confirming wages and working conditions. Following certification, the employer files Form I-129 with USCIS.

Cap & selection: Each fiscal year, 85,000 visas are available, including 20,000 reserved for applicants with a US master’s degree or higher. Selection is managed through an electronic registration and lottery process.

Duration: Initial grants are up to three years, with possible extensions to a maximum of six years in aggregate. Extensions beyond six years are available in limited circumstances under the American Competitiveness in the Twenty-First Century Act (AC21) if the worker is in the process of obtaining permanent residence.

Compliance: Employers must comply with wage, notice, and public access file obligations. Material changes to employment, such as worksite location or job duties, typically require an amended petition.

You can read our extensive guide to the H1B Visa here >>

2. H-1B1 Free Trade Agreement Workers

The H-1B1 visa is available only to nationals of Chile and Singapore under US free trade agreements. It is similar to the H-1B in requiring a specialty occupation role, but it is numerically capped separately and does not use the H-1B lottery system. While applications are streamlined, the category is limited to a one-year validity period, with the option to renew. Unlike the H-1B, H-1B1 visas do not formally permit dual intent, so applicants must demonstrate temporary intent.

You can read our extensive guide to the H-1B1 Visa here >>

3. H-2A Temporary Agricultural Workers

The H-2A programme enables US agricultural employers to hire foreign nationals for seasonal or temporary farm work when there are insufficient US workers available. Employers must meet strict housing and transport obligations for H-2A workers and ensure compliance with wage requirements.

Cap: There is no annual numerical cap on H-2A visas.

Process: Employers must obtain a temporary labour certification from the Department of Labor before filing Form I-129 with USCIS. Recruitment efforts to hire US workers are mandatory.

Duration: H-2A status is granted for the certified period, typically up to one year, with extensions permitted for a maximum of three years.

Compliance: Employers are subject to audits and inspections regarding housing, transportation, and wage standards. Non-compliance can lead to penalties and disqualification from the programme.

You can read our extensive guide to the H2A Visa here >>

4. H-2B Temporary Non-Agricultural Workers

The H-2B visa applies to temporary or seasonal non-agricultural roles, such as hospitality, landscaping, construction, and seafood processing. It is designed to address genuine, short-term labour shortages in these industries.

Cap: Capped at 66,000 visas annually, split equally between the first and second halves of the fiscal year. Supplemental visas may be released at the discretion of the Department of Homeland Security (DHS), and Congress has occasionally approved returning worker exemptions.

Process: Employers must first secure a temporary labour certification from the Department of Labor and then file Form I-129 with USCIS. Evidence of unsuccessful recruitment of US workers is required.

Duration: Generally approved for up to one year, extendable to a maximum of three years. After three years, the worker must leave the US before becoming eligible again.

Compliance: Employers must observe wage and working condition requirements. Violations can result in civil penalties, programme debarment, or criminal sanctions.

You can read our extensive guide to the H2B Visa here >>

5. H-3 Trainees and Special Education Exchange Visitors

The H-3 visa is for individuals undertaking structured training programmes in the United States that are not available in their home country. Training must be the primary purpose of the stay, not productive employment. A separate track under H-3 allows participation in special education programmes for training in educating children with disabilities.

Process: The sponsoring employer or organisation must submit Form I-129 along with a detailed training plan outlining objectives, supervision and how the training benefits the applicant’s career abroad.

Duration: Standard H-3 training programmes are granted for up to two years, while special education exchange programmes are limited to 18 months.

Limitations: H-3 status cannot be used for graduate medical education or training. Restrictions also apply to patient care and to roles that resemble regular employment rather than training.

You can read our extensive guide to the H3 Visa here >>

Section B Summary

The H visa group serves multiple workforce needs: the H-1B for professional specialty roles, the H-1B1 for Chilean and Singaporean nationals, the H-2A for agricultural labour, the H-2B for seasonal non-agricultural employment, and the H-3 for structured training. Each carries unique application steps, validity rules and compliance requirements. While some categories, such as H-1B, permit dual intent and support long-term career pathways, others, such as H-2 and H-3, are strictly temporary. Employers face rigorous compliance obligations to protect both foreign and domestic workers, and breaches can result in significant penalties.

Section C: Other Key Temporary Worker Visa Categories

Beyond the H visa classifications, several other temporary worker visas address specific business, cultural and professional needs. These include intra-company transferees, individuals of extraordinary ability, athletes and entertainers, and participants in cultural exchange programmes. Each carries distinct eligibility requirements, evidence standards and compliance rules.

1. L Visa: Intra-Company Transferees

The L visa allows multinational companies to transfer employees to a US branch, subsidiary or affiliate. It is divided into two main categories:

• L-1A: Executives and managers.
• L-1B: Employees with specialised knowledge.

Eligibility: The transferee must have been employed abroad for at least one continuous year within the three years before the application. Employers may file individual petitions or use a “blanket” L petition for multiple transfers if they meet high-volume criteria.

Duration: L-1A visas are granted for up to seven years, while L-1B visas are limited to five years. For new office petitions, the initial approval is limited to one year.

Dual intent: The L category is recognised as dual intent, meaning applicants may pursue permanent residence without undermining their nonimmigrant status.

Dependants: L-2 spouses and children may accompany the main applicant. Spouses are authorised to work incident to status, while children may study but cannot work.

You can read our extensive guide to the L1 Visa here >>

You can read our extensive guide to the L1A 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 foreign nationals with extraordinary ability in the sciences, arts, education, business or athletics, as shown by sustained national or international acclaim. In the film and television industry, the O-1B classification applies. Essential support staff may qualify under O-2, while spouses and children can apply as O-3 dependants.

Process: Employers or authorised agents file Form I-129 with USCIS, supported by detailed evidence such as awards, publications, press coverage or remuneration at the top of the field. A written consultation is typically required from an appropriate peer group, labour organisation, or management organisation relevant to the applicant’s field.

Duration: Initial O-1 approval may be up to three years, with extensions available in one-year increments tied to the project or event.

Dependants: O-3 spouses and children may study in the US but are not permitted to work.

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 facilitates the entry of athletes, artists and entertainers who are internationally recognised or participating in cultural programmes. Subcategories include:

• P-1A: Internationally recognised athletes, individually or as part of a team.
• P-1B: Members of internationally recognised entertainment groups.
• P-2: Artists and entertainers in reciprocal exchange programmes.
• P-3: Artists or groups participating in culturally unique programmes.

Support staff essential to the performance may also qualify under the P category.

Duration: P visas are generally valid for the duration of the event, season or performance, typically up to one year, with extensions in one-year increments.

Dependants: P-4 spouses and children may study in the United States but cannot work.

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 cultural exchange programmes that combine employment-based training with opportunities to share the applicant’s cultural heritage, history and traditions with the American public.

Duration: Q visas are issued for up to 15 months. After completion, the worker must spend one year outside the United States before becoming eligible for another Q visa.

Dependants: The Q classification does not permit dependant visas, so spouses and children cannot accompany the main applicant under derivative status.

Requirements: The programme must be administered by a US employer that can demonstrate a genuine cultural exchange component alongside the work element.

You can read our extensive guide to the Q1 Visa here >>

Section C Summary

The L, O, P and Q visas cover specialised temporary worker needs outside the H classifications. L visas support multinational companies in transferring key personnel, O visas attract individuals at the top of their fields, P visas accommodate internationally recognised athletes and entertainers, and Q visas promote cultural exchange through work-linked programmes. Each carries strict evidentiary and compliance requirements, and violations can result in penalties, ineligibility, or programme debarment. Dual intent is recognised only in the L category, while the Q visa is strictly temporary and does not permit dependants.

Section D: Application Process and Compliance

Temporary worker visas involve structured procedures to ensure that foreign nationals are admitted only when a legitimate business or cultural need exists. Both employers and workers must comply with immigration and labour rules, and breaches can lead to serious penalties. This section outlines the key steps in the application process and the compliance responsibilities of employers and visa holders.

1. Employer Petition Requirements

For most temporary worker visas, the process begins with a US employer (or in some cases, an authorised agent) filing Form I-129, Petition for a Nonimmigrant Worker, with United States Citizenship and Immigration Services (USCIS). The petition must set out the terms of employment, the applicant’s qualifications, and supporting documentation.

Where required, employers must also obtain certifications from the Department of Labor (DOL), such as a Labour Condition Application (LCA) for H-1B or a temporary labour certification for H-2 categories. Approval of the petition is discretionary and does not guarantee that the visa will be issued or that the applicant will be admitted at the border.

2. Consular Processing and Visa Interview

Once USCIS has approved the petition, the applicant must complete Form DS-160, the online nonimmigrant visa application, and schedule an interview at a US embassy or consulate abroad. During the interview, consular officers assess eligibility, confirm the applicant’s temporary intent, and conduct security and background checks. Biometric data, such as fingerprints, is collected.

Even with a visa stamp, final admission is determined at the port of entry by Customs and Border Protection (CBP), which has authority to admit or deny entry.

3. Rights and Restrictions of Visa Holders

Holders of temporary worker visas may work only for the employer and in the role specified in the approved petition. Any material change, such as a new employer or worksite, generally requires an amended or new petition. Unauthorised employment, overstaying, or breaching visa conditions can result in removal and future inadmissibility.

Dependants: Most visa categories allow immediate family members (spouse and unmarried children under 21) to accompany the principal applicant under derivative visas. Work and study rights vary:

• H-4: Dependants of H visa holders. Spouses cannot generally work unless the H-1B principal has either an approved I-140 immigrant petition or has obtained AC21-based extensions beyond six years.
• L-2: Dependants of L visa holders. Spouses are automatically authorised to work incident to status. Children may study but not work.
• O-3/P-4: Dependants of O or P visa holders. Permitted to study but not work.
• Q: No dependant visas are available under the Q category.

You can read our extensive guide to the L2 Visa here >>

You can read our extensive guide to the H4 Visa here >>

You can read our extensive guide to the P4 Visa here >>

4. Compliance Responsibilities for Employers and Workers

Employers must adhere to strict compliance rules to safeguard both US and foreign workers. Obligations include:

• Paying required wages and meeting LCA or labour certification standards.
• Maintaining accurate records and, where required, a public access file for inspection.
• Notifying USCIS of material job changes or early termination of employment.
• Protecting wages and working conditions of US workers through recruitment and certification processes.

Workers must comply with the conditions of their visa, maintain lawful status, and leave the United States when their authorised stay ends unless an extension or change of status is approved. Violations can result in removal and re-entry bars.

Failure by employers to meet obligations can lead to civil fines, programme debarment, reputational harm, and in serious cases, criminal liability.

Section D Summary

The application process for temporary worker visas generally involves employer petitions, consular processing, and final admission by CBP. Workers must comply strictly with the terms of their visa, and employers must meet wage, recruitment and reporting requirements. Dependants may accompany the principal applicant, though work rights differ by category. Non-compliance exposes both employers and workers to significant immigration and legal risks, underscoring the need for careful observance of all obligations.

FAQs

What is the difference between H-1B and L-1?

The H-1B is for specialty occupation roles requiring at least a bachelor’s degree. It is subject to an annual cap and has a maximum stay of six years, though some workers may extend beyond this under AC21 provisions. The L-1 is for intra-company transferees moving within the same multinational group. L-1A visas cover executives and managers (up to seven years), while L-1B visas cover employees with specialised knowledge (up to five years). Both H-1B and L-1 are dual intent categories.

Can a temporary worker visa lead to a green card?

Temporary worker visas do not directly provide permanent residence. However, some categories, such as H-1B and L-1, are dual intent, meaning holders may apply for employment-based green cards while in valid nonimmigrant status. Other categories, such as H-2 and Q, are strictly temporary and cannot be used as a basis for permanent residence.

How long can I stay on H-2B?

H-2B visas are issued for the employer’s certified period of need, typically up to one year at a time. Extensions may be granted in one-year increments, with a three-year maximum. After three years, the worker must depart the United States before becoming eligible again.

What qualifies as “extraordinary ability” for O-1?

Applicants must demonstrate sustained national or international acclaim, showing they are among the small percentage at the top of their field. Evidence may include major awards, publications, leading roles, critical reviews, or high remuneration. A peer consultation from a relevant organisation is also generally required.

Can my family come with me and can they work?

Dependants (spouses and unmarried children under 21) may accompany most temporary worker visa holders, though work rights vary. H-4 spouses may only work if the H-1B principal has an approved I-140 or AC21 extension. L-2 spouses are automatically authorised to work. O-3 and P-4 dependants may study but cannot work. Q visas do not provide dependant options.

Does USCIS petition approval guarantee a visa or entry?

No. USCIS approval confirms the classification but does not guarantee issuance of a visa. Visa decisions are made by a US consular officer, and final admission is determined at the port of entry by Customs and Border Protection (CBP).

Can I change employer or job location on H-1B?

Material changes such as a new employer, worksite, or job duties usually require an amended or new H-1B petition. Work in the new role cannot begin until the proper filing rules have been met and, in most cases, approval obtained.

Is H-2A capped like H-2B?

No. The H-2A agricultural programme has no annual numerical cap. The H-2B non-agricultural category is capped at 66,000 per fiscal year, split across two halves of the year. Supplemental numbers may be released by DHS when demand is high.

How long are O, P and Q visas valid?

O-1 visas are initially valid for up to three years, with one-year extensions available. P visas are generally approved for the duration of the event, competition or season, usually up to one year at a time, with one-year extensions possible. Q visas are valid for up to 15 months, followed by a mandatory one-year period abroad before a new Q visa can be issued.

Is premium processing available?

Yes. USCIS offers premium processing for many Form I-129 categories, including H, L, O and P visas, for an additional fee. This expedites adjudication but does not guarantee approval.

Can I travel while my petition is pending?

Travel rules depend on whether the application is filed as a change of status within the US or for consular processing abroad. Travelling while a change of status petition is pending may be treated as abandonment. Applicants should review case-specific guidance before making travel plans.

Conclusion

Temporary worker visas provide lawful routes for foreign nationals to contribute to the US labour market and cultural landscape on a fixed-term basis. These visas are vital for industries facing skills shortages, for companies seeking to transfer staff across borders, and for individuals aiming to gain international professional or cultural experience.

Each visa classification—H, L, O, P and Q—operates under distinct rules. Some categories, such as H-1B and L-1, are dual intent and may support future permanent residence, while others, such as H-2 and Q, are strictly temporary. Employers must observe strict obligations on wages, recruitment and reporting, while workers must comply with all visa conditions.

USCIS petition approval alone does not guarantee a visa will be issued or that admission will be granted, as consular officers and CBP retain decision-making authority. Non-compliance carries significant risks, including removal, re-entry bans, fines and programme debarment.

By understanding the structure, limitations and compliance rules of temporary worker visas, employers can make informed staffing decisions and foreign nationals can approach the process with greater clarity. Success depends on thorough preparation, accurate applications and respect for the temporary nature of these visas.

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