To work in the United States, a foreign national must first obtain the appropriate visa. The candidate may apply for a temporary employment visa if the job is for a fixed period.
There are 11 categories of temporary labor visas to choose from. A petition must be approved for the majority of temporary working visa applicants. The petition must be submitted on the applicant’s behalf by the potential employer. The petition is examined by U.S. Citizenship and Immigration Services (USCIS).
Certain visa categories need an approved labor certification. First, the prospective employer must apply for the labor certification with the Department of Labor. Then, the prospective employer can file the Petition for a Nonimmigrant Worker, Form I-129, with USCIS.
Some temporary worker categories are limited in the total number of petitions that can be approved on a yearly basis. Before an applicant can apply for a temporary worker visa, USCIS must first approve the Petition for a Nonimmigrant Worker, Form I-129.
Once USCIS approves the petition, it will send the prospective employer a Notice of Action, Form I-797. You may apply for a visa when USCIS has approved your petition. There are several steps in the visa application process. The order of these steps and how you complete them may vary at the U.S. embassy or consulate where you apply.
Interviews are typically mandatory for visa applicants, although there are some exceptions. Visa applicants must schedule their interviews at the U.S. Embassy or Consulate in their region, but obtaining a visa outside of one’s permanent residence may be challenging.
Interview appointment wait times differ based on location, season, and visa type, so applicants are advised to apply early. You will need to provide the receipt number to schedule an interview. The receipt number is printed on your approved Petition for a Nonimmigrant Worker, Form I-129, or Notice of Action, Form I-797.
H-1B Visa
H-1B Visa is for applicants working in a specialty occupation. Applicants must have at least a bachelor’s degree, or equivalent experience in the specialty occupation. Includes fashion models, physicians, and DOD project participants.
H-2A: Temporary Agricultural Worker
For applicants performing temporary or seasonal agricultural work. Only citizens or nationals of designated countries are eligible for this visa. There are limited exceptions.
H-2B: Temporary Non-agricultural Worker
For applicants performing temporary or seasonal non- agricultural work. Only citizens or nationals of designated countries are eligible for this visa. There are limited exceptions.
L: Intracompany Transferee
For applicants working in a managerial or executive capacity, or applicants working in a position requiring specialized knowledge. The petitioner must be a branch, parent, affiliate, or subsidiary of the applicant’s current employer. Applicants must have worked for the same employer abroad for 1 year within the three preceding years.
O: Individual with Extraordinary Ability or Achievement
For applicants with an extraordinary ability or achievement in the field of science, art, education, business, or athletics. Also, for applicants who are internationally recognized in the motion picture and television fields. This category includes persons assisting the above individual.