Temporary Workers

The Immigration and Nationality Act provides several categories of nonimmigrant visa for a person who wishes to work temporarily in the United States and who, with the exception of an H-1 applicant, has a residence in a country outside the United States which he or she has no intention of abandoning. There are annual numerical limits on some classifications which are shown in parentheses. The following classification of visas are provided for by low:

Temporary Employees

• H-1A classification applies to services as a registered nurse.

• H-1B classification applies to 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. This classification requires a labor attestation issued by the Secretary of Labor. (65,000) This classification also applies to Government-to-Government research and development or coproduction projects administered by the Department of Defense. (100)

• H-2A classification applies to agricultural work of a temporary or seasonal nature.

• H-2B classification applies to nonagricultural work of a temporary or seasonal nature. This classification requires a temporary labor certification issues by the Secretary of Labor. (66,000)

• H-3 classification applies to trainees other than medical or academic. This classification also applies to practical training in the education of handicapped children. (50)

• L classification applies to an intracompany transferee who within the three preceding years has 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 United States 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 assistant 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 entertainers who perform under a program that is culturally unique. (same as P- 1)
• 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, cultural and traditions of the alien's home country.

Petitions

In order to be accorded consideration as a nonimmigrant under the above classifications, the consular officer must have received notice of an approved Form I-129, Petition for Nonimmigrant Work, from the United States Immigration and Naturalization Service. Such petition must be filed by the applicant's prospective employer or agent. [CLICK HERE TO DO SO] It should be noted that the approval of a petition shall not, in itself, establish that the applicant is entitled to receive a visa if found to be otherwise ineligible under provisions of the Immigration and Nationality Act.

Spouses and Children

With the exception of "Q-1 Cultural Exchange Visitors," the spouse and children of an applicant under any of the above classifications may also be classified as nonimmigrants in order to accompany or join the principal applicant. A person who has received a visa as the spouse or child of a temporary worker may not accept employment in the United States. The principal applicant must be able to show that he or she will be able to support his or her family in the United States.

Other Conditions

All of the above classifications have fixed time limits in which the alien may perform services in the United States. In some cases those time limits may be extended for a limited period by the U.S. Immigration and Naturalization Service in order to permit the completion of the services. Thereafter, the alien must remain abroad for a fixed period of time before being re-admitted as a temporary worker under any classification. The Immigration and Naturalization Service will notify the petitioner on Form I-797 whenever a visa petition, an extension of a visa petition, or an extension of stay is approved under any of the above classifications. The beneficiary may use a copy of Form I-797 to apply for a new or revalidated visa during the validity period of the petition, and must retain a copy of the Form I-797 to present whenever reentering the United States during the validity period of the petition. The approval of the permanent labor certification or the filing of a preference petition for an alien under the H-1 or L-classifications shall not be a basis for denying a non-immigrant visa.

Further inquiries about petitioning procedures, qualifications for various classifications and conditions and limitations on employment should be made by the prospective employer or agent in the United States to the U.S. Immigration and Naturalization Service.

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