According to U.S. immigration law, you need a special visa based on the type of work you will be doing if you wish to temporarily work in the U.S. as a nonimmigrant. Most temporary worker categories require that your potential employer or agent file a petition, which must be authorized by the U.S. Citizenship and Immigration Services (USCIS) in the United States before you may apply for a work visa.According to U.S. immigration law, you need a special visa based on the type of work you will be doing if you wish to temporarily work in the U.S. as a nonimmigrant. Most temporary worker categories require that your potential employer or agent file a petition, which must be authorized by the U.S. Citizenship and Immigration Services (USCIS) in the United States before you may apply for a work visa.
Every H, L, O, P, and Q visa applicants must have a petition accepted by USCIS on their behalf. Before submitting an application for a work visa at the American Embassy, the petition, Form I-129, needs to be authorized. When your petition is authorized, a Notice of Action, Form I-797, which serves as your petition’s approval notification, will be sent to your employer or agent. During your interview, the consular officer will check the status of your petition using the Department of State’s Petition Information Management Service (PIMS).
To confirm that your petition has been approved, you must bring your I-129 petition receipt number to your interview at the U.S. Embassy. Please be aware that if you are determined to be ineligible for a visa under U.S. immigration law, approval of a petition does not ensure that a visa will be issued.
Descriptions and requirements for visas
H-1B (specialized occupation) (specialty occupation)
If you are traveling to the United States to work in a pre-arranged professional position, you must have an H-1B visa. You must possess a bachelor’s degree or higher (or an equivalent degree) in the particular specialization for which you are looking for work in order to be eligible. USCIS will decide if you are qualified to provide the services and whether your employment qualifies as a specialist occupation. Regarding the terms and circumstances of its employment contract with you, your employer is obligated to submit a labor condition application to the Department of Labor.
H-1B1 (Treaty-based Temporary Work Visas) (Treaty-based Temporary Work Visas)
Chile and Singapore have negotiated free trade agreements that, under certain conditions, allow their nationals to temporarily work in the United States if they meet the necessary requirements. Only citizens of Chile and Singapore may apply as principal candidates; however, their spouses and children may be citizens of other nations.
The employer does not have to file Form I-129, Petition for Nonimmigrant Worker, and the applicant does not need to obtain a Notice of Approval, Form I-797, before submitting the visa application. Job offers from employers in the applicant’s desired field of employment should already exist for H-1B1 visa applicants. Prior to requesting the visa, the petitioner must submit an Application for Foreign Labor Certification to the Department of Labor. See
travel.state.gov/content/visas/en/employment/temporary.html
for additional details on the H-1B1 visa.
H-2A (seasonal agricultural labourers) (seasonal agricultural workers)
Employers in the United States are permitted to hire foreign nationals on an H-2A visa to cover temporary agricultural positions for which American workers are not readily available. If you want to provide seasonal or temporary agricultural labor or services in the United States, you must be classified as a nonimmigrant worker under the H-2A category. On your behalf, a Form I-129, Petition for Nonimmigrant Worker, must be submitted by a U.S. employer (or an organization of U.S. agricultural producers designated as a joint employer).
H-2B Permit (skilled and unskilled workers)
If you are traveling to the United States to work a temporary or seasonal employment for which there is a lack of Americans, you must have this visa. There must be no qualified U.S. workers available for the position on which your petition is based, according to a Department of Labor certification obtained by your employer.
H-3 (trainee)
If you want to go to the United States for a period of up to two years to get training from an employer in any field of endeavor, except from graduate education or training, you must apply for an H-3 visa. Training can be compensated, and “hands-on” labor is permitted. Training is not a means of securing gainful employment and is not accessible in your own country.
H-4 (dependents)
Your spouse or unmarried children (under 21) may be granted an H-4 visa to go with you to the US if you are the primary bearer of a valid H visa. Your spouse and children cannot work while you are in the US though.
L-1 (intra-company transferees)
If you are an employee of a foreign company who is being temporarily transferred to a parent branch, affiliate, or subsidiary of the same company in the United States, you must obtain an L-1 visa. The multinational corporation could be a company from the United States or another country. To qualify for an L-1 visa, you must be at the managerial or executive level, or have specialized expertise and be destined to a job inside the U.S. corporation at either of these levels, albeit not necessarily in the same role as held previously. Also, during the three years prior to your application for admission into the United States, you must have worked continuously for the foreign company outside of the United States for one year. Only once your U.S. corporation or affiliate has obtained an authorized petition from USCIS, either on a “blanket” or individual basis, are you eligible to apply for an L-1 visa.
L-2 (dependents) (dependents)
Your spouse or unmarried children (under the age of 21) may get this derivative visa if you are the principal bearer of a valid L visa. Your spouse may request employment authorization as a result of a recent change in the legislation. Your spouse must secure a separate L-2 visa, enter the country, and then return to you with a filled-out Form I-765 and an application fee. There is no permission for your kids to work in the US.
O
Those with remarkable talent in the arts, sciences, business, or education, as well as those who have made extraordinary contributions to the creation of films and television, as well as the important support staff for those industries, are granted O Type visas.
P (artists, entertainers)
Some sports, performers, artists, and critical support staff who are traveling to the US to perform are granted Category P visas.
Q
You need a Q visa if you’re coming to the US to take part in an international cultural exchange program that include sharing your home country’s history, culture, and traditions as well as getting practical training and a job. The program sponsor must submit a petition on your behalf, and USCIS must approve the petition.
When to apply
Your H, L, O, P, or Q visa application may be processed by the U.S. Embassy or Consulate up to 90 days before the start of your employment status, as indicated on your I-797. But, keep in mind that you can only utilize the visa to petition for admission to the United States starting ten days before the commencement of the permitted status period indicated on your I-797 owing to Federal laws.