Do U.S. temporary work visas require an approved petition?

Most H, L, O, P and Q temporary worker visa applicants need an approved petition filed by the prospective employer or agent with USCIS before applying for a visa. The exact requirements vary by visa classification.

What is the current visa application fee for H, L, O, P and Q temporary worker visas?

The current non-refundable application processing fee for petition-based temporary worker visas is US$205. Additional issuance or petition-related fees may apply in some cases.

Can an H-4 spouse work in the United States?

Some H-4 spouses of H-1B workers may apply for employment authorization if they meet USCIS eligibility rules, including certain cases involving an approved Form I-140 or qualifying H-1B extensions under AC21.

Can an L-2 spouse work in the United States?

Qualifying L-2 spouses are employment authorized incident to status when properly documented as L-2S. L-2 dependent children are not employment authorized based solely on L-2 status.

United States Temporary Employment Visas

USA Work Visa Eligibility: H-1B, H-2A, H-2B, H-3, H-4, L, O, P and Q Visas

Updated: 1 September 2026

Foreign nationals who want to work temporarily in the United States generally need a visa classification that matches the proposed employment. Most temporary worker categories require a U.S. employer or authorized agent to first file a petition with U.S. Citizenship and Immigration Services (USCIS). After USCIS approves the petition, the worker may apply for the appropriate visa at a U.S. embassy or consulate.

Petition approval does not itself guarantee visa issuance or admission to the United States. The consular officer determines visa eligibility, and U.S. Customs and Border Protection makes the final admission decision at the port of entry.

Petition Approval Before Applying for a Work Visa

For most H, L, O, P and Q temporary worker classifications, the prospective employer or agent must file Form I-129, Petition for a Nonimmigrant Worker, with USCIS. After approval, USCIS issues a notice such as Form I-797.

The applicant should have the petition receipt number available for visa scheduling and should follow the embassy or consulate's instructions concerning the approval notice and other petition records. Blanket L applicants must also bring Form I-129S.

A visa application should not be based on employment that differs materially from the approved petition. Changes in employer, job duties, location or other material facts may require immigration review or a new or amended petition.

Types of Temporary Work Visas and General Qualifications

Visa	Main Purpose	Key Qualification
H-1B	Specialty occupation and certain other H-1B classifications.	Position must qualify under H-1B law and the worker must meet the applicable education, experience or licensing requirements.
H-2A	Temporary or seasonal agricultural work.	Employer must satisfy Department of Labor and USCIS requirements for temporary agricultural employment.
H-2B	Temporary non-agricultural work.	Employer must establish a temporary need and satisfy applicable labor-certification and USCIS rules.
H-3	Trainee or special education exchange visitor.	Training generally must not be primarily productive employment and must satisfy the statutory and regulatory program requirements.
L-1	Intracompany transfer.	Qualifying relationship between foreign and U.S. entities and required prior employment abroad.
O	Extraordinary ability or achievement.	Applicant must satisfy the applicable extraordinary ability or achievement criteria.
P	Athletes, entertainers and certain support personnel.	Eligibility depends on the specific P-1, P-2 or P-3 classification and qualifying event or program.
Q-1	International cultural exchange.	Participation in an approved cultural exchange program involving practical training, employment and cultural sharing.

H-1B Visa for Specialty Occupations

The H-1B classification is used for qualifying specialty-occupation employment and certain related classifications recognized by U.S. immigration law. A specialty occupation generally requires the theoretical and practical application of highly specialized knowledge and the attainment of at least a bachelor's degree or its equivalent in a directly related specialty, subject to current USCIS rules.

The employer generally must obtain a certified Labor Condition Application (LCA) from the U.S. Department of Labor before filing the H-1B petition. Among other requirements, the employer must satisfy applicable wage and working-condition obligations.

H-1B is generally a dual-intent classification. Unlike most temporary visa applicants, H-1B applicants are not ordinarily required to establish a foreign residence that they have no intention of abandoning.

H-2A Visa for Temporary or Seasonal Agricultural Workers

The H-2A program permits qualifying U.S. agricultural employers to employ foreign workers for temporary or seasonal agricultural labor or services when the statutory and regulatory requirements are met.

The employer generally must obtain temporary labor certification from the U.S. Department of Labor and then file the appropriate petition with USCIS. The labor certification process is designed, among other things, to address the availability of U.S. workers and the effect of the employment on wages and working conditions.

Do not rely on older statements that broadly declare particular nationalities automatically ineligible for H-2A or H-2B visas. Eligibility rules and country-designation requirements have changed over time and should be checked against current USCIS and Department of State instructions for the filing date and case.

H-2B Visa for Temporary Non-Agricultural Workers

The H-2B classification is for temporary non-agricultural employment. The U.S. employer must establish a qualifying temporary need and generally obtain temporary labor certification before filing the petition with USCIS.

Temporary need may arise under the applicable regulatory standards, such as a one-time occurrence, seasonal need, peak-load need or intermittent need. H-2B is also subject to numerical limitations and other program-specific requirements.

H-3 Visa for Trainees and Special Education Exchange Visitors

H-3 classification may be available for a person invited to receive training in a field such as commerce, communications, finance, government, transportation or another qualifying area, other than graduate medical education or training.

The training program must satisfy USCIS requirements and generally cannot be designed primarily to provide productive employment. H-3 also contains a separate special-education exchange visitor subcategory.

H-4 Visas for Dependents

The spouse and unmarried children under 21 of qualifying H principal nonimmigrants may generally apply for H-4 status or visas to accompany or join the principal worker.

Current employment rule: it is no longer accurate to say that every H-4 spouse is prohibited from working. Certain H-4 spouses of H-1B workers may apply to USCIS for employment authorization if they meet the statutory and USCIS eligibility requirements, including specified situations involving an approved Form I-140 or qualifying H-1B extensions under AC21. H-4 children are not employment authorized merely because they hold H-4 status.

L-1 Visa for Intracompany Transferees

L-1 classification is for qualifying employees transferred from a foreign organization to a related U.S. parent, branch, subsidiary or affiliate.

L-1A is generally for managers and executives. L-1B is generally for employees with specialized knowledge. The worker ordinarily must have been employed abroad by a qualifying organization for at least one continuous year within the three years preceding the relevant admission or petition, subject to the applicable rules.

USCIS may approve individual L petitions or qualifying blanket petitions. Applicants covered by a blanket L petition must follow the separate documentary requirements applicable to Form I-129S.

L-2 Visas for Dependents

The spouse and unmarried children under 21 of an L-1 principal may generally qualify for L-2 dependent status.

L-2 spouse employment: qualifying L-2 spouses are employment authorized incident to status when properly documented in L-2S status. They do not need an Employment Authorization Document merely to establish authorization if they possess acceptable evidence of L-2S status. L-2 dependent children are not employment authorized on the basis of L-2 status.

O Visa for Extraordinary Ability or Achievement

O classification is available to qualifying persons with extraordinary ability in the sciences, arts, education, business or athletics, and to qualifying persons with extraordinary achievement in motion-picture or television production.

Related classifications may cover certain essential support personnel and qualifying dependents. The petitioner must establish eligibility under the specific O classification requested.

P Visas for Athletes, Entertainers and Artists

P classifications cover specified athletes, entertainment groups, artists, entertainers and certain essential support personnel.

P-1

For qualifying internationally recognized athletes, athletic teams and entertainment groups, subject to the particular P-1 criteria.

P-2

For qualifying artists or entertainers performing under a reciprocal exchange program.

P-3

For qualifying artists or entertainers coming to perform, teach or coach under a culturally unique program.

Support Personnel

Certain essential support personnel may qualify in related P classifications when the regulatory requirements are met.

Q-1 Visa for International Cultural Exchange Programs

Q-1 classification is for participants in an international cultural exchange program designated to provide practical training and employment while sharing the history, culture and traditions of the participant's home country.

The U.S. employer or program sponsor must file the required petition with USCIS. Q-1 does not provide a derivative Q visa classification for spouses or children; family members must independently qualify for another appropriate visa classification.

Current Visa Fee and Required Documents

The current non-refundable visa application processing fee for petition-based temporary worker visas in the H, L, O, P and Q categories is US$205. A visa issuance or reciprocity fee may also apply depending on nationality.

Blanket L visa applicants must also pay the applicable Fraud Prevention and Detection fee and may, depending on the case, be subject to an additional Border Security Act fee.

Core documents

Passport generally valid for at least six months beyond the intended period of stay, unless an applicable country-specific agreement provides otherwise.
DS-160 confirmation page.
Visa application fee receipt, where payment is required before the interview.
Compliant visa photograph if the online photo upload fails.
Petition receipt number from Form I-129 or Form I-797.
Form I-129S for blanket L applicants.

Additional documentation may be requested to establish qualification for the visa category. Most temporary worker visa applicants other than H-1B and L applicants may also need to demonstrate their intent to depart the United States after the temporary stay.

Current Visa Interview Rules

Under Department of State policy effective October 1, 2025, most nonimmigrant visa applicants generally require an in-person interview. One important temporary-worker exception is certain applicants renewing an H-2A visa within 12 months of the prior visa's expiration, provided all other waiver conditions are satisfied.

Consular officers retain discretion to require an in-person interview in any case.

Where to apply in 2026

Under Department of State instructions updated July 15, 2026, nonimmigrant visa applicants should generally schedule their interview at the U.S. embassy or consulate in their country of nationality or residence. Applicants applying based on residence should be prepared to demonstrate residence there.

Current Online-Presence Screening

As of December 15, 2025, the Department of State requires online-presence review for all H-1B applicants and their H-4 dependents. The Department instructs these applicants to set social-media profile privacy settings to public to facilitate vetting.

Effective March 30, 2026, this online-presence review was expanded to additional classifications including H-3, H-4 dependents of H-3, and Q applicants. Applicants in covered categories should follow the current Department of State instructions when applying.

Important Current H-1B Entry Restriction

A Presidential Proclamation effective September 21, 2025 restricts issuance of H-1B visas and entry for certain workers seeking to perform services in a specialty occupation when their H-1B petitions were filed with USCIS after the proclamation's effective time, unless the petition is accompanied or supplemented by the required US$100,000 payment or an applicable exception is granted. This is a separate requirement from the ordinary US$205 visa application fee.

The Department of State states that the restriction applies to visa issuance or entry based on covered H-1B petitions filed after the proclamation's effective date and that exceptions are determined by the Department of Homeland Security under the proclamation. Applicants and employers should check current government guidance before filing or traveling because this rule is unusually consequential and may be affected by later legal or policy developments.

Entry Restrictions Based on Nationality

Separate presidential proclamations may suspend or limit visa issuance or entry for nationals of specified countries. These restrictions can apply even where the applicant otherwise qualifies for a temporary worker visa, subject to the terms and exceptions in the applicable proclamation.

Applicants from affected countries, dual nationals and applicants using particular travel documents should review current Department of State instructions before paying non-refundable fees or making travel plans.

When to Apply and When to Travel

Applicants may apply for a temporary worker visa after USCIS approves the required petition. Embassy appointment availability varies by location, season and visa classification, so applicants should apply early while following the petition validity dates and consular instructions.

Older guidance commonly stated a fixed 90-day visa-application window before employment and a 10-day pre-start entry rule. The current Department of State temporary-worker page no longer presents those statements as a universal visa-application rule. Applicants should instead rely on the approved petition, current visa instructions, and the admission rules applicable to their classification.

Legal Rights and Worker Protections

H-1B, H-2A and H-2B applicants should review the U.S. government's temporary-worker rights and protections information before applying. For example, H-1B employers are subject to Labor Condition Application obligations concerning wages and working conditions.

Official U.S. Government Links

U.S. Department of State - Temporary Worker Visas USCIS - Temporary Workers USCIS - Form I-129, Petition for a Nonimmigrant Worker U.S. Department of State - DS-160 Online Application U.S. Department of Labor - Immigration and Temporary Worker Programs U.S. Department of Labor - H-1B Labor Condition Application USCIS - H-1B Specialty Occupations USCIS - H-2A Temporary Agricultural Workers USCIS - H-2B Temporary Non-Agricultural Workers USCIS - H-3 Trainees and Special Education Exchange Visitors USCIS - L-1A Intracompany Transferee USCIS - L-1B Specialized Knowledge USCIS - O-1 Extraordinary Ability or Achievement USCIS - Q Cultural Exchange U.S. Department of State - Current Interview-Waiver Policy U.S. Department of State - Country of Nationality or Residence Rule U.S. Department of State - H-1B and H-4 Online-Presence Review U.S. Department of State - Expanded Screening and Vetting U.S. Department of State - Current H-1B Entry Restriction Find a U.S. Embassy or Consulate

Related USA Work Visa Pages

Important Note

Temporary employment visa rules can change through statutes, regulations, agency policy, presidential proclamations, litigation and annual program limits. Employers and applicants should verify the latest USCIS, Department of Labor, Department of State and embassy or consulate instructions before filing a petition, paying fees, attending an interview or traveling.