Overview: Temporary employment routes differ by the job, nationality, qualifications, employer and purpose. Most authorize specific employment rather than permission to take any U.S. job. The actual duties, worker’s background and sponsor determine which requirements apply, and a route that fits one worker can be closed to another doing the same work.
How jobs and qualifications relate to the categories
H-1B concerns specialty occupations requiring related degree-level knowledge. E-3 is a separate specialty-occupation category for Australian citizens, and H-1B1 applies to qualifying Chilean and Singaporean citizens. TN covers qualifying Canadian and Mexican professionals only when the occupation and credentials match its list.
L-1 concerns qualifying transfers from related overseas businesses, and the employee generally must have worked for the related entity abroad for a continuous year within the three years before entry. O-1 concerns qualifying Extraordinary ability (EB-1A)The EB-1 category for people who can show sustained national or international acclaim, with achievements recognized in their field. The petition must include either a one-time major internationally recognized award or evidence meeting at least three of the criteria listed in 8 CFR 204.5(h)(3). No job offer or labor certification is required, and the person can file the Form I-140 on their own.See it in the glossary or achievement. Experience alone does not make these categories interchangeable.
Temporary agricultural jobs use H-2A, while qualifying temporary nonagricultural needs use H-2B. The employer must demonstrate the required temporary need; a short contract is not enough by itself.
P and O can cover different athletic or performance activities under distinct standards. Structured training may fit H-3, cultural exchange Q-1, and qualifying religious employment R-1. Each has its own program requirements.
Numbers that matter
- Cap-subject and cap-exempt (H-1B)The H-1B category has an annual limit of 65,000 new visas or statuses per fiscal year, plus 20,000 more for people with a U.S. master's degree or higher. Petitions counted toward that limit are cap-subject. Petitions from higher education institutions, their related or affiliated nonprofits, and nonprofit or governmental research organizations are cap-exempt.See it in the glossary: a yearly limit of 65,000 plus 20,000 more for holders of a U.S. master’s degree or higher. Employers register each BeneficiaryThe person on whose behalf a petition is filed, such as the relative or worker who would receive the immigration benefit.See it in the glossary for the selection process and pay a $215 registration fee, set in 8 CFR 106. Initial approval is generally up to three years, with a general six-year maximum subject to exceptions. Weighted selection by wage level took effect for the FY2027 season.
- E-3 and H-1B1: the Department of Labor says the yearly limits are 10,500 for Australian E-3 workers and 6,800 for H-1B1 workers, with 1,400 reserved for Chile and 5,400 for Singapore.
- TN: no annual numerical cap. Status is granted in increments of up to three years for qualifying professions.
- L-1: up to seven years in total for L-1A managers and executives and up to five years for L-1B specialized knowledge workers.
- O-1: an initial period of up to three years, with extensions in shorter increments while the work continues.
- H-2B: a statutory yearly limit of 66,000 workers, described on the Labor Department’s foreign labor programs pages. H-2A has no numerical cap.
The sequence of approvals
- The job, employer, location, dates and worker’s qualifications establish the basis for the case.
- Some categories require a labor-market stage. An Labor Condition Application (LCA)A Department of Labor form, ETA-9035, that an employer files before petitioning for an H-1B, H-1B1 or E-3 worker. In it the employer attests to standards on wages, working conditions, labor disputes and notice to workers. A certified LCA is then used to support the petition filed with USCIS.See it in the glossary, used for H-1B, H-1B1 and E-3, and a temporary Labor certification (PERM)The Department of Labor process in which an employer shows that no qualified U.S. worker is available for a position, required for most EB-2 and EB-3 petitions.See it in the glossary, used for H-2A and H-2B, are different processes.
- An employer petition follows where required, usually Form I-129 filed with USCIS. Some treaty-based consular routes, such as E-3, do not require advance USCIS petition approval.
- Visa processing abroad, through Form DS-160 and a consular interview, or an eligible in-country status request follows the relevant procedure.
- Employment can begin only under an applicable authorization and its effective dates. The I-94The Arrival/Departure Record that U.S. Customs and Border Protection creates when a nonimmigrant is admitted. It shows the class of admission and an Admit Until date, and most are now electronic and available on the CBP I-94 website. USCIS can also issue one when it approves an extension of stay or a change of status.See it in the glossary records admission or an approved status period.
Registration, certification, petition, visa and admission are separate decisions. An employer’s target start date does not override them. Canadian TN applicants can generally request status at a port of entry, while Mexican TN applicants apply for a visa at a consulate.
Caps, duration, family and job changes
Annual caps, maximum stays, extensions and rules after job loss differ by category. Dependent status does not universally authorize a spouse to work.
Changing employers can require a new petition, LCA or admission. H-1B and eligible H-2 portability rules are not a universal rule for all workers.
Workers in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 and TN status whose employment ends have generally been allowed to remain for up to 60 days, or until the authorized stay ends if sooner. That time can be used to find a new sponsor, change status or depart, but it does not itself authorize any new job. DHS has published a proposal to eliminate this grace period, with comments open for 60 days from September 11, 2026. The proposal is not final, and the current rule stays in place unless and until DHS issues a Final ruleThe version of a federal regulation that an agency publishes in the Federal Register after reviewing public comments on a proposed rule. It sets an effective date, which generally falls at least 30 days after publication, and its text is added to the Code of Federal Regulations.See it in the glossary.
Costs and longer-term plans
- Visa application (State): $205 for petition-based H, L, O, P, Q and R visas, $315 for E-3, and $185 for TN, per State’s fee page.
- USCIS petition: the Form I-129 fee is $1,015 for E, H-3, P, Q, R and TN petitions with one to 25 named beneficiaries, and other categories have their own fees on USCIS’s fee schedule. Most employer petitions also carry an AsylumProtection granted to a person already in the United States or at a port of entry who meets the definition of a refugee and cannot safely return to their country.See it in the glossary Program Fee.
- Optional premium processing: USCIS raised the fee for most I-129 petitions to $2,965 effective March 1, 2026. It speeds USCIS’s first response, not the underlying decision.
- Large-employer fees: employers with 50 or more U.S. employees, more than half of them in H-1B, L-1A or L-1B status, pay a $4,500 fee on certain H-1B and L-1 petitions filed on or before September 30, 2027.
Fee-payment responsibilities differ by category. Some employer obligations cannot lawfully be shifted to the worker. Paying a recruiter does not purchase government approval.
Temporary employment and permanent residence are separate processes. H-1B and L-1 permit dual intent, while other categories have different intent rules. An approved immigrant petition does not automatically extend the employment status or permit unrestricted employment. The employment-based green card guide explains that path.
Worker rights and protections
Temporary workers have rights regardless of category. The State Department publishes guidance on rights and protections for temporary workers in many languages. The Labor Department and other agencies accept complaints about unpaid wages, unlawful fees and unsafe conditions.
What changed in 2026 for temporary workers
- H-1B selection. Registrations are now weighted by the offered wage level, and a person is counted once no matter how many employers register them.
- The $100,000 H-1B payment. A federal court vacated the policy implementing it on June 8, and the First Circuit declined to pause that ruling on July 24. A September 18 proclamation extended the underlying restriction through September 21, 2027, but the payment remains blocked while litigation continues.
- A proposed additional H-1B fee. DHS proposed a $103,265 fee for cap-subject petitions in a notice published August 25. It is a proposal only.
- Layoff scrutiny. A September 18 executive order directs agencies to consider recent or planned layoffs by sponsoring employers in H-1B-related decisions.
- Grace period. The proposal to end the 60-day grace period described above is open for comment.
The dated policy guide explains each measure’s status and scope.
Common mistakes to watch for
- Starting work before the authorization’s effective date.
- Assuming a job change is covered without checking whether a new petition, LCA or admission is needed.
- Treating visa validity as the length of permitted stay instead of checking the I-94.
- Paying anyone for a guaranteed job or a visa slot.
- Missing the timing of cap-subject registrations, which take place months before employment can begin.