Temporary Worker Visas
Temporary worker visas allow foreign nationals to enter the United States for employment for a fixed period. The United States offers several temporary work visa categories, each reserved for different types of workers and professionals.
Application Process
Temporary work visas generally require the prospective employer to file Form I-129, Petition for a Nonimmigrant Worker on behalf of a prospective noncitizen worker, with U.S. Citizenship and Immigration Services (USCIS).
Only a few temporary work visas, including E-1, E-2, E-3, H-1B1, and TNs, allow noncitizens to work in the United States without an employer having first filed the petition on behalf of the nonimmigrant worker. Such classifications, however, require a petition if the nonimmigrant worker is already in the United States and requesting an extension of stay or a change of status.
To qualify for some nonimmigrant worker classifications, the prospective employer must obtain a certified labor condition application (LCA) or other applicable labor certification from the Department of Labor (DOL) on behalf of the nonimmigrant worker beneficiary before filing the petition with USCIS.
Dual Intent
Most but not all temporary work visa categories require the applicant to demonstrate nonimmigrant intent. H-1B and L-1 nonimmigrants (and their dependents) are permitted to have “dual intent.” Dual intent allows nonimmigrants to obtain or continue in a particular nonimmigrant status even though they may have taken steps toward obtaining U.S. permanent residence.
The O-1 visa classification requires an intent to remain temporarily in the United States. However, there is no foreign residence requirement for O-1 visa holders. In addition, approval of a permanent labor certification or filing a preference petition is not a basis for denying classification as an O-1 or O-3 dependent. However, the O-1 nonimmigrants do not enjoy the same treatment as H-1Bs and L-1s (and their dependents) after filing for adjustment of status and while their application is pending and cannot retain their O-1 status when traveling outside the United States while adjustment of status is pending and before obtaining an advance parole.
Family of Temporary Worker Visa Holders
Nonimmigrant workers, excluding Cultural Exchange Visitor Q-1, may be accompanied or followed by their spouses and unmarried children who are under 21 years of age. However, the spouse or child of a Q-1 nonimmigrant may enter the United States if they qualify independently for a nonimmigrant classification.
Some nonimmigrant worker classifications allow dependent spouses to work in the United States. While dependent spouses in certain classifications are considered employment authorized incident to status, other classifications require the dependent spouses to apply for employment authorization by filing Form I-765, Application for Employment Authorization.
Nonimmigrant pathways for noncitizen workers in the United States are numerous, each with specific eligibility criteria and application process limits on the initial period of stay, and extension of stay in the United States. Seeking the assistance of a knowledgeable lawyer provides invaluable insights into different pathways and potential complications arising through the process.
To learn more about how ImmiThrive Law Firm can help (prospective) employers and noncitizen workers explore temporary worker pathways, book your consultation now.
Temporary worker visas allow foreign nationals to enter the United States for employment for a fixed period. The United States offers several temporary work visa categories, each reserved for different types of workers and professionals.
Application Process
Temporary work visas generally require the prospective employer to file Form I-129, Petition for a Nonimmigrant Worker on behalf of a prospective noncitizen worker, with U.S. Citizenship and Immigration Services (USCIS).
Only a few temporary work visas, including E-1, E-2, E-3, H-1B1, and TNs, allow noncitizens to work in the United States without an employer having first filed the petition on behalf of the nonimmigrant worker. Such classifications, however, require a petition if the nonimmigrant worker is already in the United States and requesting an extension of stay or a change of status.
To qualify for some nonimmigrant worker classifications, the prospective employer must obtain a certified labor condition application (LCA) or other applicable labor certification from the Department of Labor (DOL) on behalf of the nonimmigrant worker beneficiary before filing the petition with USCIS.
Dual Intent
Most but not all temporary work visa categories require the applicant to demonstrate nonimmigrant intent. H-1B and L-1 nonimmigrants (and their dependents) are permitted to have “dual intent.” Dual intent allows nonimmigrants to obtain or continue in a particular nonimmigrant status even though they may have taken steps toward obtaining U.S. permanent residence.
The O-1 visa classification requires an intent to remain temporarily in the United States. However, there is no foreign residence requirement for O-1 visa holders. In addition, approval of a permanent labor certification or filing a preference petition is not a basis for denying classification as an O-1 or O-3 dependent. However, the O-1 nonimmigrants do not enjoy the same treatment as H-1Bs and L-1s (and their dependents) after filing for adjustment of status and while their application is pending and cannot retain their O-1 status when traveling outside the United States while adjustment of status is pending and before obtaining an advance parole.
Family of Temporary Worker Visa Holders
Nonimmigrant workers, excluding Cultural Exchange Visitor Q-1, may be accompanied or followed by their spouses and unmarried children who are under 21 years of age. However, the spouse or child of a Q-1 nonimmigrant may enter the United States if they qualify independently for a nonimmigrant classification.
Some nonimmigrant worker classifications allow dependent spouses to work in the United States. While dependent spouses in certain classifications are considered employment authorized incident to status, other classifications require the dependent spouses to apply for employment authorization by filing Form I-765, Application for Employment Authorization.
Nonimmigrant pathways for noncitizen workers in the United States are numerous, each with specific eligibility criteria and application process limits on the initial period of stay, and extension of stay in the United States. Seeking the assistance of a knowledgeable lawyer provides invaluable insights into different pathways and potential complications arising through the process.
To learn more about how ImmiThrive Law Firm can help (prospective) employers and noncitizen workers explore temporary worker pathways, book your consultation now.
Temporary Worker Visas
Temporary worker visas allow foreign nationals to enter the United States for employment for a fixed period. The United States offers several temporary work visa categories, each reserved for different types of workers and professionals.
Application Process
Temporary work visas generally require the prospective employer to file Form I-129, Petition for a Nonimmigrant Worker on behalf of a prospective noncitizen worker, with U.S. Citizenship and Immigration Services (USCIS).
Only a few temporary work visas, including E-1, E-2, E-3, H-1B1, and TNs, allow noncitizens to work in the United States without an employer having first filed the petition on behalf of the nonimmigrant worker. Such classifications, however, require a petition if the nonimmigrant worker is already in the United States and requesting an extension of stay or a change of status.
To qualify for some nonimmigrant worker classifications, the prospective employer must obtain a certified labor condition application (LCA) or other applicable labor certification from the Department of Labor (DOL) on behalf of the nonimmigrant worker beneficiary before filing the petition with USCIS.
Dual Intent
Most but not all temporary work visa categories require the applicant to demonstrate nonimmigrant intent. H-1B and L-1 nonimmigrants (and their dependents) are permitted to have “dual intent.” Dual intent allows nonimmigrants to obtain or continue in a particular nonimmigrant status even though they may have taken steps toward obtaining U.S. permanent residence.
The O-1 visa classification requires an intent to remain temporarily in the United States. However, there is no foreign residence requirement for O-1 visa holders. In addition, approval of a permanent labor certification or filing a preference petition is not a basis for denying classification as an O-1 or O-3 dependent. However, the O-1 nonimmigrants do not enjoy the same treatment as H-1Bs and L-1s (and their dependents) after filing for adjustment of status and while their application is pending and cannot retain their O-1 status when traveling outside the United States while adjustment of status is pending and before obtaining an advance parole.
Family of Temporary Worker Visa Holders
Nonimmigrant workers, excluding Cultural Exchange Visitor Q-1, may be accompanied or followed by their spouses and unmarried children who are under 21 years of age. However, the spouse or child of a Q-1 nonimmigrant may enter the United States if they qualify independently for a nonimmigrant classification.
Some nonimmigrant worker classifications allow dependent spouses to work in the United States. While dependent spouses in certain classifications are considered employment authorized incident to status, other classifications require the dependent spouses to apply for employment authorization by filing Form I-765, Application for Employment Authorization.
Nonimmigrant pathways for noncitizen workers in the United States are numerous, each with specific eligibility criteria and application process limits on the initial period of stay, and extension of stay in the United States. Seeking the assistance of a knowledgeable lawyer provides invaluable insights into different pathways and potential complications arising through the process.
To learn more about how ImmiThrive Law Firm can help (prospective) employers and noncitizen workers explore temporary worker pathways, book your consultation now.
The H-1B classification allows employers to temporarily employ noncitizen workers in the United States in specialty occupations, government-to-government research and development, or co-production projects administered by the Department of Defense or as fashion models of distinguished merit and ability. A specialty occupation requires the theoretical and practical application of a body of specialized knowledge and a bachelor's or higher degree or the equivalent in the specific specialty as a minimum for entry into the occupation in the United States.
H-1B
01
02
The L-1A classification allows noncitizens to come to the United States temporarily to perform services in a managerial or executive capacity for the same employer (or for the parent, branch, subsidiary, or affiliate of the employer) that employed the noncitizen abroad in a capacity that was managerial or executive in nature, or one that required specialized knowledge, for at least one continuous year within the last three years. For an L-1A nonimmigrant coming to the United States to set up a new office, the one year of experience abroad must have been in an executive or managerial capacity.
L-1A
The L-1B classification allows noncitizens to come to the United States temporarily to perform services that require specialized knowledge for the same employer (or for the parent, branch, subsidiary, or affiliate of the employer) that employed the noncitizen abroad in a capacity that was managerial or executive in nature, or one that required specialized knowledge for at least one continuous year within the last three years.
L-1B
03
The E-1 classification allows nationals of a country with which the United States maintains a qualifying treaty or an international agreement or which has been deemed a qualifying country by legislation to be admitted to the United States to carry on substantial trade principally between the United States and the nonimmigrant’s country of nationality. An employee of an E-1 who possesses the same nationality as the E-1 employer may also be eligible for an E-1 classification.
E-1
04
The E-2 classification allows nationals of a country with which the United States maintains a qualifying treaty or an international agreement or which has been deemed a qualifying country by legislation to be admitted to the United States to develop and direct the operations of an enterprise in which the nonimmigrant has invested or is actively in the process of investing a substantial amount of capital. An employee of an E-2 who possesses the same nationality as the E-2 employer may also be eligible for an E-2 classification.
E-2
05
The E-3 classification allows Australian nationals to come to the United States temporarily to serve in a specialty occupation. A specialty occupation requires the theoretical and practical application of a body of specialized knowledge and a bachelor's or higher degree or the equivalent in the specific specialty as a minimum for entry into the occupation in the United States.
E-3
06
The TN classification allows qualified citizens of Canada or Mexico covered by the North American Free Trade Agreement (NAFTA) who have a prearranged full-time or part-time job with a U.S. employer to seek admission to the United States to engage temporarily in business activities at a professional level.
TN
07
Q-1
The Q-1 classification is for noncitizens coming to the United States temporarily to participate in an international cultural exchange program approved by the Secretary of Homeland Security for the purpose of providing practical training, employment, and the sharing of the history, culture, and traditions of the country of the beneficiary’s nationality.
08
The O-1A classification is for noncitizens coming to the United States temporarily who have extraordinary ability in the sciences, education, business, or athletics. To qualify as a person of "extraordinary ability", a beneficiary must have sustained national or international acclaim.
O-1A
09
The O-1B classification is for noncitizens coming to the United States temporarily who have extraordinary ability in the arts, demonstrated by sustained national or international acclaim or extraordinary achievement in the motion picture or television industry.
O-1B
10
The H-1B classification allows employers to temporarily employ noncitizen workers in the United States in specialty occupations, government-to-government research and development, or co-production projects administered by the Department of Defense or as fashion models of distinguished merit and ability. A specialty occupation requires the theoretical and practical application of a body of specialized knowledge and a bachelor's or higher degree or the equivalent in the specific specialty as a minimum for entry into the occupation in the United States.
H-1B
01
02
The L-1A classification allows noncitizens to come to the United States temporarily to perform services in a managerial or executive capacity for the same employer (or for the parent, branch, subsidiary, or affiliate of the employer) that employed the noncitizen abroad in a capacity that was managerial or executive in nature, or one that required specialized knowledge, for at least one continuous year within the last three years. For an L-1A nonimmigrant coming to the United States to set up a new office, the one year of experience abroad must have been in an executive or managerial capacity.
L-1A
The L-1B classification allows noncitizens to come to the United States temporarily to perform services that require specialized knowledge for the same employer (or for the parent, branch, subsidiary, or affiliate of the employer) that employed the noncitizen abroad in a capacity that was managerial or executive in nature, or one that required specialized knowledge for at least one continuous year within the last three years.
L-1B
03
The E-1 classification allows nationals of a country with which the United States maintains a qualifying treaty or an international agreement or which has been deemed a qualifying country by legislation to be admitted to the United States to carry on substantial trade principally between the United States and the nonimmigrant’s country of nationality. An employee of an E-1 who possesses the same nationality as the E-1 employer may also be eligible for an E-1 classification.
E-1
04
The E-2 classification allows nationals of a country with which the United States maintains a qualifying treaty or an international agreement or which has been deemed a qualifying country by legislation to be admitted to the United States to develop and direct the operations of an enterprise in which the nonimmigrant has invested or is actively in the process of investing a substantial amount of capital. An employee of an E-2 who possesses the same nationality as the E-2 employer may also be eligible for an E-2 classification.
E-2
05
The E-3 classification allows Australian nationals to come to the United States temporarily to serve in a specialty occupation. A specialty occupation requires the theoretical and practical application of a body of specialized knowledge and a bachelor's or higher degree or the equivalent in the specific specialty as a minimum for entry into the occupation in the United States.
E-3
06
The TN classification allows qualified citizens of Canada or Mexico covered by the North American Free Trade Agreement (NAFTA) who have a prearranged full-time or part-time job with a U.S. employer to seek admission to the United States to engage temporarily in business activities at a professional level.
TN
07
Q-1
The Q-1 classification is for noncitizens coming to the United States temporarily to participate in an international cultural exchange program approved by the Secretary of Homeland Security for the purpose of providing practical training, employment, and the sharing of the history, culture, and traditions of the country of the beneficiary’s nationality.
08
The O-1A classification is for noncitizens coming to the United States temporarily who have extraordinary ability in the sciences, education, business, or athletics. To qualify as a person of "extraordinary ability", a beneficiary must have sustained national or international acclaim.
O-1A
09
The O-1B classification is for noncitizens coming to the United States temporarily who have extraordinary ability in the arts, demonstrated by sustained national or international acclaim or extraordinary achievement in the motion picture or television industry.
O-1B
10
01
The H-1B classification allows employers to temporarily employ noncitizen workers in the United States in specialty occupations, government-to-government research and development, or co-production projects administered by the Department of Defense or as fashion models of distinguished merit and ability. A specialty occupation requires the theoretical and practical application of a body of specialized knowledge and a bachelor's or higher degree or the equivalent in the specific specialty as a minimum for entry into the occupation in the United States.
02
The L-1A classification allows noncitizens to come to the United States temporarily to perform services in a managerial or executive capacity for the same employer (or for the parent, branch, subsidiary, or affiliate of the employer) that employed the noncitizen abroad in a capacity that was managerial or executive in nature, or one that required specialized knowledge, for at least one continuous year within the last three years. For an L-1A nonimmigrant coming to the United States to set up a new office, the one year of experience abroad must have been in an executive or managerial capacity.
03
The L-1B classification allows noncitizens to come to the United States temporarily to perform services that require specialized knowledge for the same employer (or for the parent, branch, subsidiary, or affiliate of the employer) that employed the noncitizen abroad in a capacity that was managerial or executive in nature, or one that required specialized knowledge for at least one continuous year within the last three years.
04
The E-1 classification allows nationals of a country with which the United States maintains a qualifying treaty or an international agreement or which has been deemed a qualifying country by legislation to be admitted to the United States to carry on substantial trade principally between the United States and the nonimmigrant’s country of nationality. An employee of an E-1 who possesses the same nationality as the E-1 employer may also be eligible for an E-1 classification.
05
The E-2 classification allows nationals of a country with which the United States maintains a qualifying treaty or an international agreement or which has been deemed a qualifying country by legislation to be admitted to the United States to develop and direct the operations of an enterprise in which the nonimmigrant has invested or is actively in the process of investing a substantial amount of capital. An employee of an E-2 who possesses the same nationality as the E-2 employer may also be eligible for an E-2 classification.
06
The E-3 classification allows Australian nationals to come to the United States temporarily to serve in a specialty occupation. A specialty occupation requires the theoretical and practical application of a body of specialized knowledge and a bachelor's or higher degree or the equivalent in the specific specialty as a minimum for entry into the occupation in the United States.
07
The TN classification allows qualified citizens of Canada or Mexico covered by the North American Free Trade Agreement (NAFTA) who have a prearranged full-time or part-time job with a U.S. employer to seek admission to the United States to engage temporarily in business activities at a professional level.
08
The Q-1 classification is for noncitizens coming to the United States temporarily to participate in an international cultural exchange program approved by the Secretary of Homeland Security for the purpose of providing practical training, employment, and the sharing of the history, culture, and traditions of the country of the beneficiary’s nationality.
09
The O-1A classification is for noncitizens coming to the United States temporarily who have extraordinary ability in the sciences, education, business, or athletics. To qualify as a person of "extraordinary ability", a beneficiary must have sustained national or international acclaim.
10
The O-1B classification is for noncitizens coming to the United States temporarily who have extraordinary ability in the arts, demonstrated by sustained national or international acclaim or extraordinary achievement in the motion picture or television industry.