Temporary Work Visa

The temporary work visa encompasses many different types of employees; according to the U.S. Department of State, these include the following categories (the number in parentheses following the description denotes the numerical limit on the number of visas given each year for that category):

  • H-1B Persons in Specialty Occupation which requires the theoretical and practical application of a body of highly specialized knowledge requiring completion of a specific course of higher education. (65,000). This category also includes fashion models and Government-to-Government research and development, or co-production projects administered by the Department of Defense (100);
  • H-1C Foreign Nurses coming to perform nursing services in medically under served areas for a temporary period up to three years. The Nursing Relief for Disadvantaged Areas Act of 1999 (NRDAA) has been reauthorized for an additional three years, and will expire on December 20, 2009. To learn more about the reauthorization of the H-1C program, see the USCIS Press Release.
  • H-2A Seasonal Agricultural Workers; Notice- USCIS revised H-2A program requirements and regulations, which applies to all petitions filed. For more information, review H-2A information on the USCIS website.
  • H-2B Temporary or Seasonal Nonagricultural Workers. This classification generally requires a temporary labor certification issued by the Department of Labor (66,000);
    Notice- USCIS revised H-2B program requirements and regulations, which applies to all petitions filed. For more information, review H-2B information the USCIS website.
  • H-3 Trainees (other than medical or academic) This visa type also applies to practical training in the education of handicapped children (50);
  • L 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 Individuals with Extraordinary Ability or Achievement in the sciences, arts, education, business, or athletics, or extraordinary achievements in the motion picture and television field;
  • O-2 Persons Accompanying an O-1 to assist in an artistic or athletic performance for a specific event or performance;
  • P-1 Individual or Team Athletes, or Members of an Entertainment group that are internationally recognized (25,000);
  • P-2 Artists or Entertainers who will perform under a reciprocal exchange program;
  • P-3 Artists or Entertainers who perform under a program that is culturally unique; and
  • Q-1 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.

What is the process for applying for a temporary work visa?

The first step in acquiring a temporary work visa is done by the employer, who must obtain approval from the Department of Labor. Then the employer should file a Form I-129, Petition for Nonimmigrant Worker with the USCIS, preferably “as soon as possible within the 6 month period to allow adequate time for processing.” When this form is approved, the employer will receive Form I-797, Notice of Action.

At this point, the visa seeker (employee) can apply at the consulate or embassy that covers their place of permanent residence. Virtually all visa applicants between the ages of 14 and 79 will be required to have an interview; you will need the I-129 petition receipt number for your interview, so be sure to have it handy.

For full instructions on applying for a temporary work visa, including the most current information regarding the documents and fees required, be sure to check out the U.S. Department of State website. As with all visa issues, if you have any questions regarding your specific situation, you are advised to consult with an experienced immigration lawyer in your area.