Temporary (Nonimmigrant) Worker Visas
Typically, someone from another country who plans to visit the United States is required to secure a visa beforehand. This can be a nonimmigrant visa for a short-term visit or an immigrant visa if they intend to reside permanently. If the purpose is employment for a specific duration, a temporary worker visa is necessary, which does not grant permanent or indefinite residency. For these visas, the employer must submit a petition to the U.S. Citizenship and Immigration Services (USCIS). Obtaining an approved petition is a prerequisite for applying for a work visa. These is a list of the Temporary (Nonimmigrant) Worker Classification:
E – Traders & investors
E-Visas encompass various types including the Treaty Trader (E-1), Treaty Investor (E-2), employees of E-1 or E-2 visa holders, and Australian Specialty Occupation Workers (E-3). This visa category is designated for individuals (and their spouses and children) who enter the U.S. under a treaty of commerce and navigation between their country of nationality and the U.S. It specifically caters to those involved in trade, investment activities, and Australians in specialty occupations.
E-1
Traders & employees
Treaty traders and qualified employees.
E-2
Investors & employees
Treaty investors and qualified employees.
E-2C
Long-term investors
Long-term foreign investors in the CNMI
E-3
Specialty occupation
Certain “specialty occupation” professionals from Australia.
H – Temporary worker
H visa category in the United States encompasses several types of work visas for individuals coming to the U.S. to engage in employment. The H-1B visa, designed for professionals in specialty occupations requiring a higher education degree. The H-2A and H-2B visas cater to temporary agricultural and non-agricultural workers, respectively. Another variant, the H-3 visa, is for trainees or special education exchange visitors who are participating in training programs or gaining practical experience in educating children with physical, mental, or emotional disabilities. Each H visa type has specific eligibility criteria and is intended for different employment purposes, reflecting the diverse needs of the U.S. labor market.
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-1B2
Specialty occupations related to Department of Defense
Specialty occupations related to Department of Defense Cooperative Research and Development projects or Co-production projects.
H-1B3
Fashion models of distinguished merit and ability
Fashion models of distinguished merit and ability.
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.
I – Press, radio, film or other information media
Representatives of foreign press, radio, film or other foreign information media.
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.
L-1A
Intracompany transferees in managerial or executive positions.
Intracompany transferees in managerial or executive positions.
L-1B
Intracompany transferees in positions utilizing specialized knowledge.
Intracompany transferees in positions utilizing specialized knowledge.
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.
O-1
Persons with extraordinary ability
Persons with extraordinary ability in sciences, arts, education, business, or athletics and motion picture or TV production.
O-2
Companions of the O-1 group
Persons accompanying solely to assist an O-1 nonimmigrant.
P – Sport/Performance
The P visa category in the United States is a group of temporary employment visas designated for certain individuals and groups coming to the U.S. for performance purposes.
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-1A
For athletes
Internationally recognized athletes.
P-1B
Entertainers or crew members
Internationally recognized entertainers or members of internationally recognized entertainment groups.
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.
R-1 – Religious workers.
For religious workers.
Q-1 – 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.
TN – NAFTA Free Trade Agreement
North American Free Trade Agreement (NAFTA) temporary professionals from Mexico and Canada.
For obtaining additional information about Temporary (Nonimmigrant) Worker Visas you can check the official government website by clicking here.
How to get
The United States offers a variety of working visa categories, each designed for different purposes and professional backgrounds. This guide provides a general overview of the steps involved in acquiring a U.S. working visa, acknowledging that each category has unique requirements and processes.
Determine the Appropriate Visa Type
- Identify Your Purpose: Understand your professional or employment situation and determine which visa category aligns with your purpose. Common categories include H-1B for specialty occupations, L-1 for intra-company transfers, O-1 for individuals with extraordinary abilities, and more.
- Consult Detailed Guidelines: Visit our specific sections for each visa type for detailed requirements and qualifications.
Secure a Job Offer or Sponsorship (If Applicable)
- Most working visas require a U.S. employer to sponsor your application. Secure a job offer from a U.S. employer who is willing to sponsor your visa.
- Some visas, like the O-1, may require an agent or a peer group to sponsor your application.
Complete the Required Paperwork
- Petition for a Nonimmigrant Worker: Your employer or sponsor will need to file Form I-129, Petition for a Nonimmigrant Worker, with U.S. Citizenship and Immigration Services (USCIS).
- Personal Application: After the petition is approved, complete the visa application form (DS-160) and gather necessary documentation, including proof of qualifications, passport, and employment details.
Pay the Visa Application Fee
- Pay the non-refundable visa application fee. The fee amount varies depending on the visa category.
Schedule and Attend the Visa Interview
- Schedule an interview at your local U.S. Embassy or Consulate.
- Prepare for the interview by gathering all required documents and practicing potential interview questions.
Await Visa Processing and Approval
- Visa processing times vary. You can check the status of your application online.
- Upon approval, your passport will be stamped with your visa, allowing you to travel to the U.S.
