Foreign nationals aspiring to work temporarily in the United States must undergo a visa application process, choosing between an immigrant visa for long-term residence and a non-immigrant visa for shorter stays. Temporary worker visas cater to individuals seeking short-term employment rather than permanent or indefinite positions. Before applying for these visas, prospective employers must submit a petition to the U.S., and applicants need approval from the U.S. Citizenship and Immigration Services (USCIS) before proceeding.
Categories for Temporary Worker Visas:
- H-1B: Specialty Occupant
- Geared towards employment in a specialized field requiring a higher education degree or equivalent. This includes participation in cross-government research and development, or coproduction initiatives managed by the Department of Défense.
- H-1B1: Free Trade Agreement (FTA) Professionals – Chile and Singapore
- Intended for individuals working in specialized occupations requiring a post-secondary degree with at least four years of study in the specialized field. It’s essential to note that this is not a petition-based visa.
- H-2A: Agricultural Worker, Temporary
- Limited to citizens or nationals of designated countries, this category is for temporary or seasonal agricultural work with specific exceptions based on U.S. interests.
- H-2B: Temporary Non-Agricultural Worker
- Designed for transient or seasonal non-agricultural work, this visa is available to citizens or nationals of specified countries, with exceptions based on U.S. interests.
- H-3: Visitor or Trainee in Special Education
- Targeted at individuals seeking practical training programs in the education of children with mental, physical, or emotional disabilities or training not available in their home country.
- L: Transferee within the Company
- For individuals employed by the same employer abroad continuously for a year within the three preceding years, in managerial, executive, or positions requiring specialized knowledge.
- O: Person of Extraordinary Talent or Achievement
- Allows individuals with exceptional talents or accomplishments in various fields to work in their area of specialization.
- P-1: Individual or Team Athlete, or Participant in an Entertainment Group
- For athletes competing in a specific sport or part of a globally recognized entertainment group.
- P-2: Artist or Entertainer (Single or Collective)
- Encompasses work under an exchange program between U.S. and foreign organizations.
- P-3: Individual or Group Performing Artist or Entertainer
- For those participating in traditional ethnic, folk, cultural, musical, theatrical, or artistic performances or teaching, coaching, or performing in programs with a distinct cultural focus.
- Q1: Member of an International Program for Cultural Exchange
- Involves participation in international cultural exchange programs, providing practical training, employment, and an opportunity to share cultural history and traditions.
Certification for the Workforce
Certain temporary worker visa categories necessitate prospective employers to obtain labor certification or Department of Labor approval before submitting Form I-129 (Petition for a Non-immigrant Worker) with USCIS. Employers should check USCIS instructions to determine if labor certification is required.
Adoption of the Petition
Some categories of temporary workers have annual petition approval caps. Before applying for a temporary worker visa at a U.S. Embassy or Consulate, a prospective employer must file Form I-129 on the applicant’s behalf and await USCIS approval. Upon approval, USCIS will send an I-797 Notice of Action to the employer.
Apply Here
Applicants can initiate the visa application process after USCIS approves Form I-129. Procedures may vary by location, so applicants should review instructions on the website of the embassy or consulate where they plan to apply.
- Fill Out the Online Visa Application Form: Complete the Online Non-immigrant Visa Application, Form DS-160, and print the confirmation page for the interview.
- Photo: Upload a photo as specified while completing Form DS-160. Bring a printed copy of the photo to the interview in case of upload failure.
- Plan an Interview: While certain age groups are generally exempt from interviews, consular officers may still request one.
- Age and Interview Prerequisites: Generally not required for younger than 14 or 80 years old but required (with some exceptions) for ages 14 to 79. Schedule the interview at a U.S. Embassy or Consulate, preferably in the country of permanent residence due to potential qualification challenges elsewhere. Apply early, considering interview wait times that vary by location, season, and visa category.
- Obtain the Necessary Documentation: Essential documents include a current passport, Form DS-160 confirmation page, application fee receipt, photo, and receipt number from the approved petition (Form I- 129 or Form I-797). L Visa Applicants must bring Form I-129S to the interview if included in an L blanket petition.
Legal Protections and Rights
Before applying for an H-1B, H-2A, or H-2B visa, applicants should read the Legal Rights and Protections pamphlet to understand their rights and available protections in the United States.
Applicants should review instructions provided by the embassy or consulate for any additional documents required to establish qualification.
In general, applicants (excluding H-1B and L) must demonstrate compelling ties to their home country as proof of intent to return after a temporary stay in the United States.
Examples of compelling ties include a residence abroad, family ties, a favorable financial situation, and long-term plans.
An Interview for a Visa: An immigration officer will assess the applicant’s eligibility for the desired visa category based on U.S. law. Digital fingerprint scans may be taken depending on the interview location.
After the interview, additional administrative processing might be required, and the consular officer will inform the applicant of the application’s status.
Applicants granted visas might need to pay a visa issuance fee based on nationality, and instructions for returning passports will be provided. The processing time will determine when the passport with the visa will be ready for pick-up or delivery.
Getting into the U.S.
While a visa allows entry to a U.S. port-of-entry, admission to the United States is at the discretion of the Department of Homeland Security (DHS), U.S. Customs and Border Protection (CBP) officials. An admission stamp or Form I-94, Arrival/Departure Record, is provided at the time of entry.
Increasing the Length of Your Stay
Applicants can explore the “Extend Your Stay” section on the U.S. Citizenship and Immigration Services (USCIS) website to extend a stay beyond the indicated date on the admission stamp or Form I-94.
Departure on or before the specified date is required unless USCIS approves a stay extension. Failure to depart on time results in being out of status and visas are automatically voided under Section 222(g) of the Immigration and Nationality Act. Future visa eligibility may be affected.
Status Change
While in the United States, applicants can request a change of non-immigrant status from USCIS. If planning to stay in the U.S. during USCIS processing, a new visa is not required. If departing the U.S., a new visa must be obtained from a U.S. Embassy or Consulate.
Additional Details
Petition approval does not guarantee visa issuance, so travel arrangements should be postponed until a visa is obtained.
Spouse and Children
Spouses and unmarried minor children, except for Q-1 Cultural Exchange Visitor applicants, can apply for the same visa category to join or accompany the primary applicant. Financial ability to support the family in the U.S. must be demonstrated.
Review the Temporary Workers Information and Employment Authorization sections of the USCIS website for details on employment and academic pursuits.
A valid U.S. visa in an expired passport remains valid. If holding a valid visa in an expired passport, applicants should not remove it. Instead, use it with a new valid passport for travel and admission to the United States.