To work in the United States temporarily as a lawful nonimmigrant, temporary workers must qualify for the available visa category based on the planned employment purpose. The steps in the process before applying for a visa vary.
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.
Temporary worker visa categories:
H-1B: Person in Specialty Occupation
H-1B1: Free Trade Agreement (FTA) Professional - Chile,Singapore
H-2A: Temporary Agricultural Worker
H-2B: Temporary Non-agricultural Worker
H-3: Trainee or Special Education visitor
L: Intracompany Transferee
O: Individual with Extraordinary Ability or Achievement
P-1: Individual or Team Athlete, or Member of an Entertainment Group
P-2: Artist or Entertainer (Individual or Group)
P-3: Artist or Entertainer (Individual or Group)
Q-1: Participant in an International Cultural Exchange Program
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.
E1 and E2 Treaty Visas
The U.S. has special treaties related to commerce with a number of countries. These treaties allow individuals from such countries who need to travel to the U.S. for substantial trade and business- related activities to obtain Treaty Trader (E-1) or Treaty Investor (E-2) visas.
Treaty Trader (E-1) and Treaty Investor (E-2) Nonimmigrant Visa Classification is available for qualified citizens of a country which holds a treaty of commerce and navigation with the United States. A qualifying company must be carrying on substantial trade (E-1) or have made substantial investments (E-2) in the United States.
Requirements: E-1 Treaty Trader
Individuals from qualifying treaty countries who want to apply for an E-1 Treaty Trader Visa must meet certain requirements, such as:
- The company which is seeking to conduct trade in the U.S. must be based in the same treaty country of the individual.
- There must be a significant amount of international trade between the U.S. and the treaty country.
- The individual must have specialized skills and be in a management position of the company which is conducting trade.
Requirements: E-2 Treaty Investor
Individuals from qualifying treaty countries who want to apply for an E-2 Treaty Investor Visa must meet certain requirements, such as:
- There must be sufficient amount of investment to ensure the success of the underlying business. It should also have a significant economic impact in the U.S.
- The investment must be for an active, operating business and not a passive or speculative investment.
If the individual applying for the visa is not the investor, he or she must be in a management position at the company making the investment.