While some visas — like the employment-based visa program — are designed to facilitate
long-term residency in the United States, other visas are designed to allow workers to enter the United
States for employment for only a limited period of time. These visas are known as “Temporary Worker
Visas” because they do not offer a pathway towards permanent residency and citizenship; rather, they
are meant to be utilized by American companies who find themselves seasonal or temporary dearth
in available workers.
Depending on the type of work being completed, workers can be eligible for a variety of
different Temporary Worker visas. However, all applicants and their prospective employers must file
Form I-129 “Petition for a Nonimmigrant Worker” with the United States Customs and Immigration
Services regardless of the type of visa being pursued. In some cases, the employer must gain
certification from the Department of Labor before beginning the visa process. Each of the visa types
and the qualifications are listed below:
H1 -B Visas: This visa is made for candidates who work in a specialized occupation, which
usually requires a Bachelor’s Degree or some kind of foreign equivalent. Unlike the employment-based
visa program, a person entering on an H1-B visa can only stay for a limited amount of time. Another
form of this visa is the H -1B1 Visa , which has similar requirements but is restricted to Chilean and
Singaporean nationals.
H -2A Visa: This visa is designed to facilitate immigration to assist with temporary or seasonal
agricultural work. Eligibility is limited to citizens of certain countries, with exceptions made if
considered in U.S. interests. The H -2B Visa has the same circumstances and restrictions as 2A, but
the form of work is non-agricultural. Eligible countries are decided by a multitude of factors, but a full
list of the eligible H-2A countries and H-2B countries can be found on the United States Customs
and Immigration Services website.
H -3 Visa: This visa is designed for visitors being trained in program unavailable in candidate’s
home country; also, visitors attending training programs regarding educating those with disabilities.
L Visa: In order to qualify, candidates must have worked at international branch of U.S.
employer in a managerial capacity or position requiring specialized knowledge for over one year.
O Visa: In order to qualify for this visa, candidates must have extraordinary ability in sciences,
arts, education, business, athletics or entertainment and desire to work in America in field of expertise.
P Visas: Eligible candidates must perform at a specific event as an athlete or entertainer. This
visa requires international recognition. P -2 Visa candidates are eligible if they perform under a
reciprocal exchange program between American and foreign organizations. P -3 Visa candidates are
eligible if they enter to perform, teach or coach under a culturally unique program or one that derives
from traditional culture. All P visas are inclusive, meaning that those who are deemed to provide
essential services to the performer are also eligible for entry.
Q -1 Visa: This visa is designed for those participating in international cultural exchange
programs for education or employment.
While this blog provides an initial overview of the Temporary Worker visa process, there is
no substitute for working with a qualified representative to answer all of your immigration concerns.
Call Castel & Hall, L.L.P. at 617-716-6464 to receive an informed consultation from an experienced
immigration lawyer.