Temporary Worker Visas

Important Notice: New Visa Requirement for Certain Caribbean Nationals for Temporary Agricultural Worker (H-2A) Visas

Effective February 19, 2016, any person seeking to enter the United States to perform temporary agricultural work now must present a valid passport and a valid H-2A visa in order to be admitted to the United States.  This includes British, French, and Netherlands nationals and nationals of Barbados, Grenada, Jamaica, or Trinidad and Tobago who were previously exempt from this requirement.  This visa requirement also extends to any spouse or child who may wish to accompany or follow the H-2A agricultural worker to the United States.

Important Notice: Same-sex Marriage

Effective immediately, U.S. Embassies and Consulates will adjudicate visa applications that are based on a same-sex marriage in the same way that we adjudicate applications for opposite gender spouses. Please reference the specific guidance on the visa category for which you are applying for more details on documentation required for derivative spouses.

Generally, a citizen of a foreign country who wishes to enter the United States must first obtain a visa, either a nonimmigrant visa for temporary stay, or an immigrant visa for permanent residence. Temporary worker visas are for persons who want to enter the United States for employment lasting a fixed period of time, and are not considered permanent or indefinite. Each of these visas requires the prospective employer to first file a petition with U.S. Citizenship and Immigration Services (USCIS). An approved petition is required to apply for a work visa.

Temporary worker visa categories

Visa category  General description – About an individual in this category:
H-1B: Person in Specialty Occupation To work in a specialty occupation. Requires a higher education degree or its equivalent. Includes fashion models of distinguished merit and ability and government-to-government research and development, or co-production projects administered by the Department of Defense.
H-1B1: Free Trade Agreement (FTA) Professional Chile,Singapore To work in a specialty occupation. Requires a post-secondary degree involving at least four years of study in the field of specialization. (Note: This is not a petition-based visa. For application procedures, please refer to the website for the U.S. Embassy in Chile or the U.S. Embassy in Singapore.)
H-2A: Temporary Agricultural Worker For temporary or seasonal agricultural work. Limited to citizens or nationals of designated countries, with limited exceptions, if determined to be in the United States interest.
H-2B: Temporary Non-agricultural Worker For temporary or seasonal non- agricultural work. Limited to citizens or nationals of designated countries, with limited exceptions, if determined to be in the United States interest.
H-3: Trainee or Special Education visitor To receive training, other than graduate medical or academic, that is not available in the trainee’s home country or practical training programs in the education of children with mental, physical, or emotional disabilities.
L: Intracompany Transferee To work at a branch, parent, affiliate, or subsidiary of the current employer in a managerial or executive capacity, or in a position requiring specialized knowledge.  Individual must have been employed by the same employer abroad continuously for 1 year within the three preceding years.
O: Individual with Extraordinary Ability or Achievement For persons with extraordinary ability or achievement in the sciences, arts, education, business, athletics, or extraordinary recognized achievements in the motion picture and television fields, demonstrated by sustained national or international acclaim, to work in their field of expertise. Includes persons providing essential services in support of the above individual.
P-1: Individual or Team Athlete, or Member of an Entertainment Group To perform at a specific athletic competition as an athlete or as a member of an entertainment group. Requires an internationally recognized level of sustained performance. Includes persons providing essential services in support of the above individual.
P-2: Artist or Entertainer (Individual or Group) For performance under a reciprocal exchange program between an organization in the United States and an organization in another country. Includes persons providing essential services in support of the above individual.
P-3: Artist or Entertainer (Individual or Group) To perform, teach or coach under a program that is culturally unique or a traditional ethnic, folk, cultural, musical, theatrical, or artistic performance or presentation. Includes persons providing essential services in support of the above individual.
Q-1: Participant in an International Cultural Exchange Program For practical training and employment and for sharing of the history, culture, and traditions of your home country through participation in an international cultural exchange program.

Labor Certification – Some temporary worker visa categories require your prospective employer to obtain a labor certification or other approval from the Department of Labor on your behalf before filing the Petition for a Nonimmigrant Worker, Form I-129, with USCIS. Your prospective employer should review the Instructions for Form I-129 on the USCIS website to determine whether labor certification is required for you.

Petition Approval – Some temporary worker categories are limited in total number of petitions which can be approved on a yearly basis. Before you can apply for a temporary worker visa at a U.S. Embassy or Consulate, a Petition for a Nonimmigrant Worker, Form I-129, must be filed on your behalf by a prospective employer and be approved by USCIS. For more information  about the petition process, eligibility requirements by visa category, and numerical limits, if applicable, see Working in the U.S. and Temporary (Nonimmigrant) Workers on the USCIS website. Once the petition is approved, USCIS will send your prospective employer a Notice of Action, Form I-797.

Important Notice: USCIS recently published revised Form I-129, Petition for a Nonimmigrant Worker. The revised Form I-129 is labeled with an Oct. 23, 2014, edition date. You can download the revised form and details about who may file Form I-129 from the USCIS forms website. Starting on May 1, 2015, USCIS will accept only the Oct. 23, 2014, edition of Form I-129. USCIS will not accept previous editions of Forms I-129 (edition dates: Oct. 7, 2011, Jan. 19, 2011, and Nov. 23, 2010) on or after May 1, 2015.