Foreign nationals can undertake temporary employment in the United States if they qualify under a designated nonimmigrant visa category. Each visa type has a defined purpose, covering scenarios such as intra-company transfers, specialty occupations, individuals with extraordinary ability, performers, cultural exchange, treaty-based roles, and professional entries for Canadians and Mexicans.
What this article is about: This guide provides employers and applicants with a structured overview of the main U.S. employment visa categories and their use. It explains, at a high level, how petition-based visas operate, what the consular process involves, common fees, key supporting documents, and how dependants may join the principal applicant. It also directs readers to deeper resources for each visa route (H, L, O, P, Q, J, I, E, and TN/TD) so you can move quickly to the category that best matches your employment or travel needs.
Disclaimer: This is not legal advice. It is a practical introduction to the U.S. nonimmigrant work visa framework. Many routes require an employer petition to U.S. Citizenship and Immigration Services (USCIS) before consular processing can begin. Others are non-petition visas but still demand careful preparation of eligibility evidence at interview or, in some cases, at the U.S. port of entry.
Scope of categories covered: H (specialty occupations, seasonal and trainee routes), L (intra-company transferees), O (extraordinary ability), P (athletes, artists, entertainers, and their staff), Q (cultural exchange), J (exchange visitors), I (foreign media representatives), E (treaty traders and investors), and TN/TD (professionals under USMCA). Each visa has unique eligibility rules, permitted stay limits, and evidentiary standards. The sections below outline their purposes, steps, costs, documentation, and the rights of spouses and children.
Section A: Temporary Employment Visas (H, L, O, P, Q)
Temporary employment visas are the most commonly used petition-based categories. They are designed for foreign nationals hired by U.S. employers for defined roles and time periods. In most cases, the employer must first file Form I-129, Petition for a Nonimmigrant Worker, with USCIS. Only after approval can the worker apply for a visa at a consulate. The employee is then limited to the position described in the petition and must observe visa conditions to remain in status.
1. Overview
The main visa types are:
- H visas – for specialty occupations requiring a bachelor’s degree or equivalent (H-1B), seasonal agricultural workers (H-2A), seasonal non-agricultural workers (H-2B), and trainees (H-3). Note: H-1B petitions must include a certified Labor Condition Application (LCA) from the Department of Labor.
- L visas – for intra-company transferees moving to a U.S. branch, subsidiary, or affiliate in an executive, managerial, or specialised knowledge role.
- O visas – for individuals with extraordinary ability in science, arts, education, business, athletics, or film/television, plus essential support staff.
- P visas – for athletes, artists, entertainers, and their support personnel attending competitions, tours, or cultural events.
- Q visas – for cultural exchange programmes, permitting participants to share their country’s traditions and history. In practice, this category is rarely used, with limited authorised programmes.
2. How to Apply
The sponsoring employer files Form I-129 with USCIS, providing required evidence. Once approved, the foreign worker receives Form I-797 (Notice of Action). The applicant then completes Form DS-160 online, pays the Machine-Readable Visa (MRV) fee, schedules a consular interview, and presents supporting evidence. Some categories, such as H-1B, require a certified LCA before petition filing.
3. Fees
Typical costs include:
- Form I-129 petition filing fee (paid by employer).
- Fraud prevention and detection fee (for certain H and L petitions).
- Consular MRV application fee.
- Premium processing fee (optional, for expedited USCIS adjudication).
4. Required Documentation
Applicants generally must provide:
- Valid passport and DS-160 confirmation page.
- Form I-797 Notice of Approval from USCIS.
- Employer support letter and evidence of the job offer.
- Certified LCA (where required for H-1B roles).
- Academic qualifications, résumé, or evidence of extraordinary ability (for O visas).
5. Spouses and Children
Dependants may join under linked categories: H-4, L-2, O-3, P-4, and Q-3. They may stay for the same duration as the principal applicant. Importantly, L-2 spouses are automatically employment-authorised incident to their status, while H-4 spouses of H-1B workers may seek employment authorisation in specific circumstances. Children may attend school but cannot work.
Section Summary: H, L, O, P, and Q visas are employer-driven and petition-based. The process usually starts with a USCIS filing and is followed by consular processing. Success depends on accurate employer petitions, certified documents such as LCAs where applicable, and well-prepared visa interviews. Employers and workers must maintain compliance throughout the authorised stay.
Section B: Exchange Visitor Visa (J)
The J visa promotes cultural exchange and international cooperation by allowing foreign nationals to engage in study, teaching, research, and structured temporary work programmes. All J applicants must be accepted by a sponsor organisation that is authorised by the U.S. Department of State. Common categories include research scholars, professors, teachers, exchange students, au pairs, camp counsellors, and participants in summer work travel programmes.
1. Overview
The Exchange Visitor (J) visa is not petition-based. Instead, eligibility depends on acceptance into an approved programme. Sponsors are responsible for issuing required documents, monitoring compliance, and ensuring the participant meets programme-specific criteria. Some J visa categories are subject to the two-year home-country physical presence requirement, which obliges certain participants to return to their home country for two years before applying for certain U.S. visa types or permanent residence, unless a waiver is obtained.
2. How to Apply
Applicants must first secure a place in a designated exchange programme. Once accepted, the sponsor issues Form DS-2019, Certificate of Eligibility for Exchange Visitor Status. With this form, the applicant pays the SEVIS I-901 fee, completes the DS-160 application, and books a consular interview. At the interview, applicants must show that they will comply with programme requirements and demonstrate strong ties to their home country.
3. Fees
Typical costs include:
- SEVIS I-901 fee (paid online before the interview).
- Consular MRV visa application fee.
- Programme participation fees set by the sponsoring organisation.
4. Required Documentation
Applicants typically provide:
- Form DS-2019 issued by the sponsor.
- Proof of SEVIS fee payment.
- Valid passport and DS-160 confirmation page.
- Evidence of financial support for the programme period.
- Acceptance letter or contract from the sponsor.
5. Spouses and Children
Dependants of J visa holders may apply for J-2 visas. Each dependant must have their own DS-2019 issued by the sponsor. J-2 spouses may apply for employment authorisation once in the U.S., while children may attend school but cannot work. Both principal and dependants must maintain valid status for the duration of the programme.
Section Summary: The J visa provides a route for cultural and educational exchange under U.S. government-approved programmes. It requires sponsorship, Form DS-2019, SEVIS registration, and proof of eligibility at interview. Some categories carry a two-year home residency requirement. Dependants may accompany on J-2 visas, with spouses eligible to apply for work authorisation.
Section C: Media Visa (I)
The I visa is reserved for representatives of foreign media entering the United States to carry out professional journalistic assignments. This visa strictly covers news-gathering and informational work, such as reporting on current events, producing news broadcasts, or covering cultural or sporting events for a foreign audience. It does not apply to entertainment, advertising, or scripted commercial productions, which fall outside the scope of this category.
1. Overview
The Media (I) visa allows journalists, reporters, film crews, and other media workers to carry out assignments that have a clear news or informational purpose. Eligible activities include investigative reporting, news filming, and documentary coverage. Projects with primarily commercial or entertainment objectives are not permitted under this visa and may require alternative visa categories.
2. How to Apply
Applicants complete the DS-160 form online, pay the Machine-Readable Visa (MRV) fee, and attend a consular interview. A letter from the employer or media organisation confirming the applicant’s role, purpose of travel, and assignment details is usually required. Unlike petition-based visas, I visa applicants do not need prior USCIS approval.
3. Fees
The costs are limited to:
- The nonimmigrant MRV application fee.
- Possible administrative or document fees, depending on the consulate.
4. Required Documentation
Applicants generally need to provide:
- Valid passport and DS-160 confirmation page.
- Employer or sponsor letter describing the applicant’s role, purpose, and assignment in the U.S.
- Evidence of press accreditation or other professional media credentials.
- Recent work samples, if requested by the consular officer.
5. Spouses and Children
Dependants of I visa holders may apply for accompanying I visas. They can live in the U.S. for the duration of the principal applicant’s authorised stay. While children may attend school, dependants are not permitted to work under I visa status.
Section Summary: The I visa provides a straightforward, non-petition route for foreign media representatives to work in the U.S. on professional journalistic assignments. Applicants must present evidence of professional credentials and an employer support letter. Dependants may join but cannot work. Activities must remain strictly within news or informational reporting.
Section D: Treaty-Based and Professional Visas (E and TN/TD)
Certain employment visas are available under international treaties and trade agreements. These categories support investment, trade, and professional mobility between the United States and partner nations. They differ from petition-based categories because eligibility is determined by treaty nationality, investment or trade activity, or professional qualifications, rather than an employer’s USCIS petition.
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 includes:
- Treaty traders (E-1) – entering the U.S. to engage in substantial trade between the U.S. and their treaty country.
- Treaty investors (E-2) – making a substantial investment in a U.S. enterprise, with a role in directing and developing the business.
- E employees – executives, managers, or specialists employed by a qualifying treaty business.
Applicants must show treaty nationality, ownership or investment in a qualifying enterprise, and intent to depart when their visa ends. First-time E visas are processed at U.S. consulates abroad. However, extensions or changes of status from within the U.S. require filing Form I-129 with USCIS.
2. USMCA Professional Worker Visa (TN/TD)
The TN visa allows eligible Canadian and Mexican professionals to work in the U.S. under the United States–Mexico–Canada Agreement (USMCA), formerly NAFTA. Only occupations listed in the agreement are eligible, such as accountants, engineers, scientists, and teachers. Applicants must demonstrate nationality, present a U.S. job offer in an approved profession, and provide proof of qualifications.
Dependants (spouses and children) may apply for TD status. While TD holders cannot work, they are permitted to study in the U.S. Canadians usually apply directly at a U.S. port of entry, whereas Mexican nationals must obtain a TN visa through a U.S. consulate before travel.
Section Summary: Treaty-based and professional visas provide alternative routes to temporary employment in the U.S. without the petition process required for H or L categories. The E visa supports trade and investment between treaty nations and the U.S., while the TN/TD route facilitates cross-border professional services under USMCA. Applicants must demonstrate treaty eligibility, professional qualifications, and intent to return after their authorised stay.
Frequently Asked Questions
1. What is the difference between H-1B and L-1 visas?
The H-1B visa is for foreign nationals working in specialty occupations that require at least a bachelor’s degree or equivalent. Employers must first secure a certified Labor Condition Application (LCA) from the Department of Labor. By contrast, the L-1 visa allows intra-company transferees to work in a U.S. branch, subsidiary, or affiliate in managerial, executive, or specialised knowledge roles, without the LCA requirement.
2. Can dependants of work visa holders study in the U.S.?
Yes. Children of most work visa holders may attend school in the U.S. In addition, certain dependants, such as L-2 spouses and J-2 spouses, are eligible to apply for employment authorisation. Children, however, cannot work.
3. Do all U.S. work visas require employer sponsorship?
No. Petition-based categories such as H, L, O, and P require an employer to file a petition with USCIS. Other visas, such as I (media), E (treaty trader/investor), and TN (professionals under USMCA), do not require a USCIS petition but do require applicants to demonstrate eligibility through documentation such as employer letters, treaty investment evidence, or proof of qualifications.
4. How long do employment visas take to process?
Processing times vary significantly. Petition-based visas can take several months unless employers use premium processing, which expedites USCIS adjudication. Non-petition visas, such as I or TN for Canadian citizens, may be issued within days. Availability of consular appointments also affects timelines.
5. Can temporary work visas lead to a green card?
Some employment visas can lead to permanent residence. For example, H-1B workers may be sponsored for an employment-based green card, while L-1A executives and managers may qualify for the EB-1C immigrant visa category. However, other categories, such as Q cultural exchange or certain J visas, generally do not provide a pathway to permanent residence. Applicants in J visa categories subject to the two-year home residency rule must fulfil or obtain a waiver before applying for immigrant status.
Conclusion
The United States provides a wide range of temporary employment visas, each tailored to specific job roles, industries, and international agreements. Petition-based categories such as H, L, O, P, and Q require employer sponsorship and USCIS approval, while non-petition categories such as I, E, and TN/TD focus on media, treaty trade or investment, and professional cross-border mobility.
Employers and applicants must carefully assess which visa fits their situation. Requirements vary across categories, including whether a petition is needed, what documentary evidence must be filed, fee structures, and the rights of dependants. Maintaining compliance is critical, both at the application stage and throughout the worker’s stay in the U.S.
Key takeaway: Choosing the correct visa route from the outset and preparing a complete, well-documented application reduces the risk of delay or refusal. Employers must ensure petitions and supporting evidence meet legal requirements, while applicants must be ready to show their qualifications, purpose of travel, and intent to comply with U.S. immigration rules.
Together, these visa categories form the framework of U.S. nonimmigrant employment, allowing foreign nationals to contribute their expertise while safeguarding the integrity of the immigration system.
Glossary
| Form I-129 | Petition for a Nonimmigrant Worker filed by a U.S. employer with USCIS for many temporary employment visa categories. |
| DS-2019 | Certificate of Eligibility for Exchange Visitor Status, issued by an authorised J visa programme sponsor. |
| SEVIS | Student and Exchange Visitor Information System, the electronic system that tracks J visa participants and certain students. |
| USCIS | U.S. Citizenship and Immigration Services, the agency responsible for adjudicating immigration petitions and applications. |
| USMCA | United States–Mexico–Canada Agreement, the trade framework that allows TN/TD visas for Canadian and Mexican professionals (formerly NAFTA). |
Useful Links
| US Temporary Worker Visas | Official U.S. Department of State guidance on temporary employment visa categories. |
| Exchange Visitor Program | U.S. Department of State resource for J visa programmes, sponsors, and requirements. |
| Treaty Trader & Investor Visa (E) | Information on E-1 and E-2 treaty visas for trade and investment. |
| TN/TD NAFTA Professional Visa | USCIS guidance on TN visas for Canadian and Mexican professionals under USMCA. |
