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Temporary work visas in USA

Temporary work visas

As a rule, a citizen of a foreign state who wishes to enter the United States must first obtain a visa, whether nonimmigrant visa for temporary stay, or an immigrant visa for permanent residence. Temporary work visas are for individuals who want to enter the United States for a certain period of time and are not considered as permanent or perpetual. Each of these visas requires a potential employer first to file a petition for the US Citizenship and Immigration Service (USCIS). An approved petition is required to get a work visa.

Visa categories

General description

H-1B: Highly qualified professionals Work in high-class specialty. Requires higher education or its equivalent.
H-2A: Temporary farm worker For temporary or seasonal agricultural work.
H-2B: Temporary worker of non-agrarian sector For temporary or seasonal work that is not related to the agrarian sector.
H-1C: Qualified nurses For foreign nurses who arrive in the United States temporarily to provide services as a registered nurse with a shortage of healthcare professionals (closed since 2009)
H-3: Trainee or visitor of a special educational institution Obtain an education except medical and higher education that is not available in the country of residence or undergo an internship in a special institution for children with mental, physical or emotional disorders.
L: Transfer of an employee within the company

Work at the affiliate of the parent or subsidiary company of the current employer on superior or executive positions or in a position requiring special knowledge.

Work experience in one and the same employer abroad continuously for one year during previous three years.

A: Foreigners with extraordinary abilities or achievements For people with outstanding abilities or achievements in science, art, education, business, sports or achievements in the field of cinema or television (the visa holder is required to work only by a specialty).
P-1: Sportsmen or members of a sports team or participants of entertaining groups. Foreigners participating in certain sporting events as athletes or members of the entertaining group (also for persons providing technical services).
P-2: People of art or show artists (individually or as members of a group) For a work within a mutual exchange program between an organization in the United States and an organization in another country (also for those providing technical services).
P-3: People of art or show artists (individually or as members of a group) Within the framework of teaching or training by a program that is unique in cultural terms or ethnic, folk, cultural, musical, theatrical or artistic performance or presentation (also for persons providing technical services).
Q-1: Participants of the international cultural exchange program For practical training and employment, as well as for the exchange of the history, culture and traditions of the country from which the foreigner arrived through participation in the international cultural exchange program.

Warning! Some temporary categories of work visas require your potential employer receive a job certificate or other approval from the Ministry of Labor on your behalf before filing a petition for a nonimmigrant worker, Form I-129, in USCIS.

Warning! Some categories of temporary workers are limited by quotas. Before you can apply for a temporary work visa at the US Embassy or Consulate, a petition for a nonimmigrant worker, Form I-129 (link), must be filed on your behalf by a potential employer and approved by USCIS.

After USCIS approves a petition for an employee who is not an immigrant (Form I-129), you can apply for a visa.

To apply for a visa, a foreigner will need:

  • To fill in the online application Form DS-160;
  • To attach a photo made in accordance with US laws.

Interview for visa application:

Interviews are usually required for applicants for a visa with some limited exceptions listed below. Consular staff may require an interview with any applicant for a visa:

  • 13 years and younger – usually not required;
  • 14-79 years – usually required (some exceptions for continuation);
  • 80 years and older – usually not required.

You must appoint a meeting for a visa application at the US Embassy or Consulate in the country where you reside. You can schedule an interview at another US Embassy or Consulate, but keep in mind that getting a visa outside the country of your residence can be complicated.

The waiting time for interview varies depending on the location, season and visa type, so you should apply for a visa in advance.

Collect and prepare the following necessary documents for interview:

  1. Passport valid for travel to the United States – Your passport must be valid for at least six months after your stay in the United States (if not excluded by agreements of concrete country). Everyone who needs a visa must file a separate application, including all family members indicated in the passport;
  2. Non-immigrant visa supplement, confirmation page of DS-160 Form;
  3. A payment receipt of the registration fee, if you have to pay before the interview;
  4. Photo – You upload your photo while filling in the online DS-160 Form. If you can not upload a photo, you must bring one printed photo in the required format;
  5. The receipt number of your approved application, as indicated in your application for a non-immigrant worker (Form I-129) or an action notice, Form I-797 from USCIS;
  6. Applicants for the L visa must bring Form I-129s.

All applicants for a visa,except  H-1B and L, must normally provide evidence of a strong relationship with their home country in order to demonstrate their intention to return after a temporary stay in the United States.

Additional Information:
  • Spouses and children (except applicants for a Q-1 visa) must also apply for the same category of visa as you to accompany or join you. You must show that you can provide financial support to your family in the United States.

We also evaluate the chances of applying for a permanent work visa and permanent residence visa in the United States.

Work visas of the permanent resident are available to high-class professionals.

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