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Temporary Workers

Temporary Workers

The Immigration and Nationality Act provides several categories of nonimmigrant visas for a person who wishes to work temporarily in the United States. For more information, please visit here.

Classifications

H-1B classification applies to persons in a specialty occupation which requires the theoretical and practical application of a body of highly specialized knowledge requiring completion of a specific course of higher education 

H-2A classification applies to temporary or seasonal agricultural worker. 

H-2B classification applies to temporary or seasonal nonagricultural workers. This classification requires a temporary labor certification issued by the Secretary of Labor.

H-3 classification applies to trainees other than medical or academic. This classification also applies to practical training in the education of handicapped children.

L classification applies to intracompany transferees who, within the three preceding years, have been employed abroad continuously for one year, and who will be employed by a branch, parent, affiliate, or subsidiary of that same employer in the U.S. in a managerial, executive, or specialized knowledge capacity.

O-1 classification applies to persons who have extraordinary ability in the sciences, arts, education, business, or athletics, or extraordinary achievements in the motion picture and television field.

O-2 classification applies to persons accompanying an O-1 alien to assist in an artistic or athletic performance for a specific event or performance.

P-1 classification applies to individual or team athletes, or members of an entertainment group that are internationally recognized. 

P-2 classification applies to artists or entertainers who will perform under a reciprocal exchange program.

P-3 classification applies to artists or entertainers who perform under a program that is culturally unique

Q-1 classification applies to participants in an international cultural exchange program for the purpose of providing practical training, employment, and the sharing of the history, culture, and traditions of the alien's home country.

R classification applies to persons proceeding to the United States to work in a religious capacity - religious workers. 

Petitions

In order to be considered as a nonimmigrant under the above classifications the applicant's prospective employer or agent must file Form I-129, Petition for Nonimmigrant Worker, with the United States Department of Homeland Security (DHS). Once approved, the employer or agent is sent a notice of approval, Form I-797. When you make an appointment for interview, you must provide the receipt number from the approved petition, because the petition needs to be in our database before we can issue a visa. It should be noted that the approval of a petition does not guarantee visa issuance to an applicant found to be ineligible under provisions of the Immigration and Nationality Act. For further information please visit www.uscis.gov

Applying for the Visa

Applicants should make an appointment following the steps in the How to Apply section. Additional visa fees may apply, as shown in visa fee schedule here. Bringing in a copy of your petition is helpful but not required.