While some visas — like the employment-based visa program — are designed to facilitate long-term residency in the United States, other visas are designed to allow workers to enter the United States for employment for only a limited period of time. These visas are known as “Temporary Worker Visas” because they do not offer a pathway towards permanent residency and citizenship; rather, they are meant to be utilized by American companies who find themselves with seasonal or temporary dearth in available workers.

 

Depending on the type of work being completed, workers can be eligible for a variety of different Temporary Worker visas. However, all applicants and their prospective employers must file Form I-129 (Petition for a Nonimmigrant Worker) with the United States Customs and Immigration Services, regardless of the type of visa being pursued. In some cases, the employer must gain certification from the Department of Labor before beginning the visa process.

 

Each of the visa types and qualifications are listed below:

 

• H1-B Visas: For candidates in a specialized occupation requiring at least a Bachelor’s Degree or equivalent. Similar H-1B1 visas are limited to Chilean and Singaporean nationals.
• H-2A Visas: For temporary or seasonal agricultural work. Eligibility is restricted to citizens of designated countries, unless exceptions are made in U.S. interests.
• H-2B Visas: Same requirements as H-2A, but for temporary non-agricultural work. Eligible countries are defined by USCIS.
• H-3 Visas: For visitors being trained in programs unavailable in their home country, or training for educating individuals with disabilities.
• L Visas: For candidates who have worked at an international branch of a U.S. employer in a managerial or specialized knowledge role for over one year.
• O Visas: For individuals with extraordinary ability in sciences, arts, education, business, athletics, or entertainment who wish to work in the U.S. in their field.
• P Visas: For athletes or entertainers performing at specific events. Includes:
  • P-2: For reciprocal exchange programs between U.S. and foreign organizations.
  • P-3: For culturally unique performances, teaching, or coaching programs.
    Essential support staff are also eligible.
• Q-1 Visas: For participants in international cultural exchange programs for education or employment.

 

While this blog provides an initial overview of the Temporary Worker visa process, there is no substitute for working with a qualified representative to answer all of your immigration concerns.

 

Call Castel & Hall, L.L.P. at 617-716-6464 to receive an informed consultation from an experienced immigration lawyer.