Nonimmigrant visas allow foreigners to come for a specific purpose and period. Major work visas include the H-1B for specialty occupations requiring a degree, capped at 85,000 new visas a year for private employers, with 20,000 reserved for holders of U.S. advanced degrees and universities exempt. The L-1 lets multinational companies transfer managers and specialists, the O-1 covers people of extraordinary ability, and the TN serves Canadian and Mexican professionals under the North American trade agreement.
For less skilled work, the H-2A visa for seasonal farmworkers has no cap and has grown to several hundred thousand jobs a year, while the H-2B for seasonal nonfarm jobs is capped at 66,000. More than a million international students hold F-1 and related visas, and many work after graduation under Optional Practical Training. Visitors for business or tourism use B visas, or travel visa-free for up to 90 days from about 40 countries in the Visa Waiver Program. Many temporary workers later seek green cards.
H-1B petitions far exceed the cap, so selections were made by random lottery until a rule finalized in late 2025 weighted the lottery toward higher-paid jobs starting with fiscal 2027. A September 2025 proclamation imposed a 100,000 dollar payment on new H-1B petitions for workers outside the country, which a federal judge upheld in December 2025 while appeals continued. Supporters of the visas say they fill skill and labor shortages, while critics say some employers use them to replace U.S. workers at lower pay.
| Status | Active |
| Legal basis | 8 U.S.C. 1101(a)(15) and 1184 |
| Official site | uscis.gov |
| H-1B cap | 85,000 a year (65,000 plus 20,000 advanced degree) |
| H-2A | Seasonal farmworkers, no cap |
| H-2B cap | 66,000 a year |
| Visa Waiver Program | About 40 countries, up to 90 days |
| 2025 change | 100,000 dollar payment on new H-1B petitions from abroad |
| Date | H-1B created by the Immigration Act of 1990 |