There are a number of temporary employment visas available for immigrants seeking a job in the United States. Work visas are broken down into two categories: temporary and permanent. In this post, we will go over what you need to know about temporary visas.
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What Are Temporary Work Visas?
Temporary work visas are for people seeking to enter the U.S. for employment that lasts for a set period of time. Unlike employment-based visas, temporary visas are not indefinite.
Short-Term Work Visas
Temporary work visas are broken down into the following categories:
- Specialty occupation workers (H-1B)
- Temporary agricultural workers (H-2A)
- Temporary non-agricultural workers (H-2B)
- Special educational workers or trainees (H-3)
- Intracompany transferees (L)
- Extraordinary ability workers (O)
- Members of entertainment or athletic groups (P-1)
- Artists or entertainers (P-2 or P-3)
- International cultural exchange group members (Q-1)
The B-1 visa is a short-term visa granted for business. With a B-1 visa, you may:
- Consult with business associates
- Attend a professional, scientific, educational, or business convention or conference
- Settle an estate
- Negotiate a contract
The B-2 is a tourist visa that allows you to:
- Travel for a vacation
- Visit with friends or relatives
- Seek medical treatment
- Participate in a social event hosted by fraternal, social, or service organizations
- Amateur participation in musical, sports, or similar events or contests, As long as you are not paid for your performance.
- Enroll in a short recreational course. As long as it’s not for credit toward a degree.
O visas are reserved for people with exceptional skills and abilities who are seeking employment in the U.S. in their area of extraordinary ability. Common industries that O-1 visas are issued for include:
- Science and health care
- Television and film
Long-Term Work Visas
There are also options for longer work visas that will let immigrants stay in the U.S. longer than a short-term visa, but they are still not granted permanent residence.
The H-1B visa allows people to work in specialty occupations. To be eligible for this visa, you must have a higher education degree or its equivalent. This includes distinguished fashion models, government researchers and developers, or co-production products that are administered by the Department of Defense.
The H-2B visa is for temporary or seasonal non-agricultural workers. This is limited to citizens of designated countries. Employment with an H-2B visa must be temporary for a limited period of time, like a one-time occurrence, seasonal need, peak load need, etc.
The L-1 visa is an intracompany visa that allows the recipient to work at a branch, subsidiary, parent or affiliate of their current employer in an executive or managerial role or a position that needs specialized knowledge.
Temporary Work Visa Requirements
In order to be approved for a temporary work visa, you must meet the following requirements:
- Have a valid job offer from a U.S. company to do seasonal or temporary work.
- Have the appropriate background and abilities for the job.
- Intend to return to your home country before your visa’s expiration date.
For all temporary work visas, the prospective employer must first file a petition with U.S. Citizenship and Immigration Services (USCIS). Your employer must meet the following requirements:
- Have an employment need that is seasonal, one-time, intermittent, or peak load.
- Need employment for less than one year.
- Certify that there are no willing and qualified American workers available for the job.
Temporary Work Visa Application Process
The sponsoring employer will have to start the process by filing a visa petition on Form-129 and submit it to USCIS. Once that petition is approved, the employee must apply for a visa through a U.S. consulate in their native country. Then, you will have to attend a visa interview where you must bring the following documents:
- Printout of the Form DS-160 after filling it out online.
- Notice from USCIS showing your I-129 has been approved
- Valid passports for you and each family member accompanying you
- One passport-style photo of each applicant.
Documents asserting your intent to leave the United States when your temporary work visa expires.
How Long Does The Application Process Take?
From beginning to end, the temporary worker visa application process takes between three months and one year and includes:
- Filling out your application form DS-160. You must complete the online visa application and print the confirmation page and bring it with you to your visa interview.
- Then you will have to upload your photo that meets the Photograph Requirements.
Temporary Work Visa Fees
The USCIS fee for the H-1B petition is $460. Additionally, employers are required to pay a supplementary $500 Fraud Prevention and Detection Fee when filing “initial” or “change of employer” petitions.
What Happens If My Application Is Denied?
If your application for a temporary work visa gets denied, you should contact an attorney immediately. An immigration attorney will help you understand what went wrong with your application and will help you address any issues so that your employer can file a second petition on your behalf and have a much better chance at a successful outcome.
Contact Attorney Eric Price Today!
Applying for a temporary work visa is an exhilarating time, but it can also be stressful and even overwhelming. Contact Eric Price today to get all of your questions answered and concerns alleviated. Attorney Prince is an expert at immigration law and has guided hundreds of clients to immigration success. Contact him today for a free case evaluation and get started on making your American Dream a reality.