|
What
is a Temporary Worker visa?
A Temporary
Worker visa is a nonimmigrant visa for a person who wishes to work
temporarily in the United States. There are several categories ("classifications")
of Temporary Worker visas, some of which have annual limits. Those
in the list below have similar application procedures. (Other temporary
employment visas that have different procedures include "R"
visas for temporary religious workers, "TN"
visas for temporary NAFTA workers, and
"E" visas for Treaty Traders or Investors.)
H-1B
classification applies to persons in a specialty occupation that
requires the theoretical and practical application of a body of
highly specialized knowledge requiring completion of a specific
course of higher education. This classification requires a labor
attestation issued by the Secretary of Labor (annual limit: 65,000).
This classification also applies to Government-to-Government research
and development, or co production projects administered by the
Department of Defense (annual limit: 100);
H-2A
classification applies to temporary or seasonal agricultural workers;
H-2B
classification applies to temporary or seasonal nonagricultural
workers. This classification requires a temporary labor certification
issued by the Secretary of Labor (annual limit: 66,000);
H-3
classification applies to trainees other than medical or academic.
This classification also applies to practical training in the
education of handicapped children (annual limit: 50);
L classification
applies to intracompany transferees who, within the three preceding
years, have been employed abroad continuously for one year, and
who will be employed by a branch, parent, affiliate, or subsidiary
of that same employer in the U.S. in a managerial, executive,
or specialized knowledge capacity;
O-1
classification applies to persons who have extraordinary ability
in the sciences, arts, education, business, or athletics, or extraordinary
achievements in the motion picture and television field;
O-2
classification applies to persons accompanying an O-1 alien to
assist in an artistic or athletic performance for a specific event
or performance;
P-1
classification applies to individual or team athletes, or members
of an entertainment group that are internationally recognized
(annual limit: 25,000);
P-2
classification applies to artists or entertainers who will perform
under a reciprocal exchange program;
P-3
classification applies to artists or entertainers who perform
under a program that is culturally unique (same as P-1); and
Q-1
classification applies to participants in an international cultural
exchange program for the purpose of providing practical training,
employment, and the sharing of the history, culture, and traditions
of the alien's home country.
How
Do I Apply?
In order to
be considered for one of the visas in the list above, your prospective
employer or agent must first file Form
I-129, Petition for Nonimmigrant Worker, with the United States
U.S. Citizenship and Immigration Services (USCIS). Please note that
these visas are eligible for Premium
Processing Service from the USCIS,
which guarantees processing in 15 days in return for a $1,000 fee
(see Premium Processing Service
for the additional filing requirements).
Once approved,
your employer or agent is sent a notice of approval, Form I-797,
which you will need to apply for a Temporary Worker visa (while
having an approved I-797 is necessary, it does not guarantee that
you will receive a visa). You should generally apply at the American
Embassy or Consulate with jurisdiction over your place of permanent
residence. Although visa applicants may apply at any U.S. consular
office abroad, it may be more difficult to qualify for the visa
outside the country of permanent residence.
Documentation
Each
applicant for a temporary worker visa must pay a nonrefundable
US$45 application fee and submit:
- A notice
of approval, Form I-797.
- An application
Form DS-156, completed and signed.
Forms are also available without charge at all U.S. consular
offices;
- A passport
valid for travel to the United States and with a validity date
at least six months beyond your intended period of stay in the
United States. If more than one person is included in the passport,
each person desiring a visa must make an application;
- One photograph
1 and 1/2 inches square (37x37mm) for each applicant, showing
full face, against a light background; and
Additional
Requirements
Except
for the H-1 and L-1 visas, you may also need to show proof of
binding ties to a residence outside the United States which you
have no intention of abandoning. (The approval of a permanent
labor certification or the filing of a preference petition for
an alien under the H-1 or L classifications is not a basis for
denying a visa.) It is impossible to specify the exact form the
evidence should take since circumstances vary greatly.
Visa Ineligibility
/ Waiver
There
are categories of persons
ineligible to receive visas under U.S. law. In some instances
an applicant who is ineligible, but who is otherwise properly
classifiable as a temporary worker, may apply for a waiver of
ineligibility and be issued a visa if the waiver is approved.
If you are found to be ineligible, the consular officer will advise
you of any waivers.
Bringing
Family Members
Your
spouse and unmarried, minor children may accompany or join you (except
for "Q-1 Cultural Exchange Visitors,"), if you can
demonstrate that you will be able to support them, but they are
unable to accept employment in the United States.
Time
Limits
All of the visas
in the list above have fixed time limits in which you may perform
services in the United States. In some cases those time limits may
be extended in order to permit the completion of the services (see
Extending My Stay in the U.S.
and Revalidating Visas in the
U.S.). Thereafter, you must remain abroad for a fixed period
of time before being readmitted as a temporary worker under any
classification.
Admission
through a U.S. Port of Entry
You should be aware that a visa does not guarantee entry into
the United States. A visa is issued by a Department of State Consular
Office abroad, but a separate U.S. agency, the U.S. Citizenship
and Immigration Services (USCIS), has authority to deny admission
at the port of entry. Also, the period for which you are authorized
to remain in the U.S. is determined by the USCIS,
not the Department of State Consular Office. At the port of entry,
a USCIS
official must authorize your admission to the U.S. At that time,
the USCIS
official will provide you with a stamped Form I-94 (Record of Arrival-Departure),
which notes how long you are permitted to stay in the U.S. If you
wish to stay beyond the time indicated on your Form I-94, your employer
must again file Form
I-129 with the USCIS
(and your accompanying spouse and child must complete Form
I-539). The decision to grant or deny a request for extension
of stay is made solely by the USCIS.
For more information, see:
HELP!
- For assistance
in your country, contact the
nearest U.S. Consulate.
- For inquiries
on visa cases in progress overseas, contact the appropriate U.S.
Embassy or Consulate handling your case.
- For assistance
within the U.S., contact the State Department's Visa Office at
202-663-1225. You may also email a general inquiry to usvisa@state.gov.
Be sure to indicate the general subject of your inquiry on the
subject line (e.g., temporary religious worker visa), and do not
expect an immediate reply. You may also write to:
U.S.
Department of State
Visa
Services
Washington,
DC 20520-0113
- In the U.S.,
you may also contact your nearest
USCIS District office or Sub Office or call the national
USCIS toll-free information service at 1-800-375-5283.
- You may
also want to seek the advice of an immigration attorney.
The information
provided in this website is not legal advice and should not be interpreted
as legal advice. This website is intended to provide a basic understanding
of this information in summary form. This information may not be
comprehensive, is subject to change, and may not apply to all individual
circumstances. Any information received here should be confirmed
with the appropriate government agencies or with an attorney, particularly
as it relates to your individual circumstances. Your use of this
website indicates your agreement to be bound by our Terms
of Use.
|
