A temporary visa is also referred to as a nonimmigrant visa. A temporary visa is a type of visa issued to those seeking to visit the U.S. for a limited amount of time. Immigrants who are applying for nonimmigrant status must demonstrate that they have no intention to stay or live permanently in the United States.
Nonimmigrant visa categories cover nonimmigrant workers, as well as nonimmigrant exchange students. These two categories alone cover the largest number of nonimmigrant visas issued each year. Generally speaking, nonimmigrant workers or exchange students must be petitioned by a sponsor who will assist them in obtaining their temporary visa. A sponsor for a nonimmigrant worker would most likely be their employer. For nonimmigrant students, their sponsor is generally the educational institution where they are receiving their education.
Some examples of other nonimmigrant visas categories include:
- Representatives of foreign governments;
- Representatives of the foreign press;
- Specific types of temporary religious workers;
- For Mexico and Canada only, some professionals under the United States-Mexico-Canada Agreement (“USMCA,” which replaced NAFTA in 2020);
- Investors and traders as designated under treaty provisions;
- Immigrants receiving training that is not available in their home country;
- Immigrants who will be providing information to federal and state authorities for criminal investigation purposes; and
- Internationally recognized entertainers, athletes, and their support staff.
What unites all of these categories is that the nonimmigrant is visiting the U.S. for a specific purpose, and a set amount of time. Those who wish to visit the United States for leisure, or to immigrate permanently, must apply under different immigration categories.
An H-1B visa is a work permit allowing a nonimmigrant to work for an employer in the United States. This is on a temporary basis, and occurs in a specialty occupation. A person may hold an H-1B visa for a maximum of six years. These six years can be issued in increments of three years at a time; so, either six years at once, or three years and then another three years later on. However, there are specific conditions in which an employee may hold a H-1B visa for a period lasting beyond the six-year period.
H-1B visas are limited in quantity. There are approximately 85,000 H-1B visas distributed per year, and many are restricted to those who have received an advanced degree from a U.S college or university.
What Are the General Requirements For an H-1B Visa? What Is Considered to Be a Specialty Occupation?
In order to obtain a specialty occupation H-1B visa, the employee must possess a bachelor’s degree. Alternatively, they may have comparable and equivalent experience to a bachelor’s degree in their field. This would likely consist of education, training, or experience in the specialty that is equal to the completion of such a degree. The employee could also have recognition of expertise in their specialty through progressively responsible positions directly related to their specialty
.
As of January 2025, USCIS clarified that “specialty occupation” means the position normally requires a bachelor’s degree or higher in a specific specialty, where “normally” means usual, typical, or common, not always or universally. The required degree field must have a direct logical connection to the position’s duties, though positions may qualify if they accept a range of degree fields provided each field is directly related to the job responsibilities.
Additionally, where applicable, the employee must hold an unrestricted state license, registration, or certification authorizing them to fully practice the specialty occupation. Such a license must be issued by the state of planned employment.
The person or company employing an H-1B applicant must acquire a labor condition application (LCA) from the U.S. Department of Labor. This must be obtained prior to filing the H-1B petition with the USCIS.
In terms of applying for an H-1B visa, speciality occupations are defined as those requiring theoretical and practical application of a body of specialized knowledge, and at least a bachelor’s degree or an equivalent. Some examples of what constitutes specialty occupations are:
- Occupations that have a minimum entry requirement of a bachelor’s or higher degree, or its equivalent, as previously discussed;
- Occupations in which the degree requirement for the job is industry specific, or the job is so complex or unique that it can be performed only by an individual that holds that degree; and
- The nature of the specific duties associated with the occupation is considered to be so specialized and complex that the knowledge required to perform the duties is not usually associated with self-training.
- The following is broad categorization of occupations generally approved as qualifying for an H-1B visa:
- Accounting and auditing;
- Architects and civil engineers;
- Biologists, Chemists, and other scientists;
- College and university educators;
- Data communication and network administrators, as well as database admin;
- Electrical and electronic engineers;
- Investment banking;
- Industrial and mechanical engineers;
- Physicians and surgeons;
- Primary and secondary school teachers; and
- Therapists.
- These are just a few examples, and this is not an inclusive list. There are many other broad fields which may be considered specialty occupations in terms of qualifying for an H-1B visa. More complete information can be found on the USCIS website.
What Else Should I Know About the H-1B Visa?
To reiterate, prior to applying for an H-1B visa, you must have a sponsoring U.S. employer. The employer will submit an application first to the Department of Labor, and then with the United States Citizenship and Immigration Services (“USCIS”). If the employer’s petition with the USCIS is approved you may proceed with applying for your H-1B visa.
Beginning with registrations for fiscal year 2026, employers must submit an electronic registration through USCIS (currently a $215 fee per beneficiary) during the designated registration period, typically in March. If the registration is selected in the lottery, the employer then has at least 90 days to file the complete H-1B petition.
Generally speaking, the H-1B is valid for up to three years initially, with the possibility of extension for up to three additional years, creating a six-year maximum for most workers. Depending on specific circumstances, the visa may be extended beyond the six year period if the worker has an approved I-140 immigrant petition or has had a labor certification or I-140 petition pending for at least 365 days before reaching the six-year limit. You must file for a visa extension with the United States Citizenship and Immigration Services (USCIS), preferably at least six months before your visa expires to account for processing times, which currently average 3-5 months for regular processing.
Premium processing service is available for $2,805 and guarantees 15-calendar-day processing. As of November 2025, regular processing times have increased significantly due to USCIS backlogs, making premium processing nearly essential for time-sensitive cases.
If you have filed either a Labor Certification application or an I-140 petition 365 days before the six-year limitation, and the LC or I-140 has not been denied, you may extend your status on a yearly basis or in three-year increments beyond the six-year limitation.
The following requirements must be met in order for you to become eligible for a visa extension:
- Your admittance into the U.S. with a nonimmigrant visa was lawful;
- Your nonimmigrant visa status is currently valid;
- You did not commit any crimes that would disqualify you for an extension;
- You filed your application for extension before your stay expires; and
- You have a valid passport for the entirety of your stay in the U.S.
Extensions are NOT available for the following visa categories:
- Visa Waiver Program (“VWP”);
- D- Crewman status;
- C- In transit without a visa, or foreign national in transit;
- K- As a fiancé or spouse of a U.S. citizen, or dependent of a fiancé or spouse; and
- S- Informant regarding terrorism or organized crime.
Important note regarding H-1B fees and current policies: In September 2025, the presidential administration imposed a $100,000 one-time fee for H-1B petitions filed for foreign nationals who are physically outside the United States at the time of filing. This fee does not apply to change-of-status petitions for workers already in the U.S., extensions, amendments, or change-of-employer petitions for workers maintaining H-1B status domestically. The fee expires September 21, 2026, though it may be extended. This policy is currently subject to legal challenges.
Additionally, the administration has proposed (but not yet implemented) a wage-based weighted lottery system that would favor higher-paid positions in the H-1B selection process. If finalized, this change could take effect as early as the fiscal year 2027 cap season.
Regarding birthright citizenship: Children born in the United States to H-1B visa holders are currently U.S. citizens under the 14th Amendment. An executive order signed in January 2025 attempted to deny citizenship to children born to parents on temporary visas, including H-1B holders, but federal courts have blocked this order from taking effect. As of November 2025, all children born on U.S. soil continue to receive birthright citizenship regardless of their parents’ immigration status, and multiple lawsuits challenging the executive order remain pending.
H-1B visa policy is subject to change with shifts in presidential administration. Immigration policies, including H-1B requirements, fees, and processing procedures, may be adjusted based on executive actions and regulatory changes. Prospective applicants and employers should stay informed about current requirements and consult with immigration attorneys regarding any recent policy developments.
A company who is hiring an H-1B foreign worker has considerable responsibilities. As such, the guidance of an immigration attorney is absolutely encouraged. There are many steps an employer must take in order to legally sponsor and employ an H-1B visa holder. An example of just some of these steps include:
- Determining the actual and prevailing wage for the position;
- Informing workers or their representatives of the intent to hire a foreign worker;
- Completing and submitting a Labor Conditions Application with the Department of Labor (“DOL”);
- Filing the electronic H-1B registration during the designated registration period (if subject to the annual cap);
- Filing with the USCIS upon DOL certification and, if applicable, registration selection; and
- For petitions involving workers outside the United States, paying the required fees, which currently include a $100,000 fee in addition to standard filing fees.
Employers should be aware that USCIS has authority to conduct unannounced site visits at employer worksites, third-party client locations, or beneficiaries’ homes (for remote work). Failure to cooperate with site visits can result in petition denial or revocation.
Do I Need an Attorney for an H-1B Visa?
Whether you are a worker looking to obtain your H-1B visa, or an employer wanting to hire an H-1B visa holder, you should consult with an immigration attorney. An experienced and local immigration attorney can help you determine which type of visa you should apply for, and can also ensure you meet any necessary criteria.
Further, an attorney will also be able to help you file all necessary paperwork with the correct agency, and ensure you comply with any and all deadlines. Given recent policy changes, increased fees, complicated registration procedures, and evolving legal challenges to various H-1B requirements, legal guidance has become even more important for successfully navigating the H-1B process. Finally, should you experience any legal issues, your attorney will also be able to represent you in court, as needed.
