Temporary Nonimmigrant Workers Uscis

Bonisiwe Shabane

-Oct 31, 2025, 6:34 AM

In order for you to come to the United States lawfully as a nonimmigrant to work temporarily, your prospective employer must generally file a nonimmigrant petition on your behalf with USCIS1. Spouses and children who qualify for dependent nonimmigrant classification of a temporary worker and who are outside of the United States should apply directly at a U.S. consulate for a visa, unless exempt. Spouses and children requesting a change of status or extension of stay in a dependent nonimmigrant classification must file Form I-539, Application to Extend/Change Nonimmigrant Status. Please see the Form I-539 instructions for further information on filing procedures for this application. Aliens employed in the United States may have a U.S.

tax obligation. See the Taxation of Nonresident Aliens page on the Internal Revenue Service (IRS) website for more information. In general, only aliens who have permission from DHS to work can apply for a Social Security number. Find additional information about Foreign Workers and Social Security Numbers (PDF) on the Social Security Administration website. U.S. Visa: Reciprocity and Civil Documents by Country

Visas for Members of the Foreign Media, Press, and Radio Treaty Trader & Treaty Investor and Australians in Specialty Occupations Visas for Canadian and Mexican USMCA Professional Workers A citizen of a foreign country who wishes to work in the United States must first get the right visa. If the employment is for a fixed period, the applicant can apply for a temporary employment visa. There are 11 temporary worker visa categories.

Most applicants for temporary worker visas must have an approved petition. The prospective employer must file the petition on behalf of the applicant. U.S. Citizenship and Immigration Services (USCIS) reviews the petition. Learn about the requirements to apply for a nonimmigrant temporary worker visa and to sponsor a worker for employment in the U.S. There are many temporary worker visa classifications.

These include H-1B for specialized occupations and H-2A for seasonal agriculture work. The amount of time you can work temporarily in the U.S. depends on the visa you qualify for. Before you apply for any of these visas, your prospective employer must first file a petition with the United States Citizenship and Immigration Services (USCIS) on your behalf. After your employer’s petition is approved, you will be able to apply for a temporary work visa. Find information about temporary worker visas and learn about the professions that qualify for the different classifications.

Find the description in the table that corresponds to the job you want to do in the U.S. Temporary worker visas allow foreign nationals to enter the United States for employment on a time-limited basis. Unlike immigrant visas, which grant lawful permanent residence, these nonimmigrant visas provide work authorisation only for specific roles and durations. They are a vital component of the US immigration framework, enabling employers to access skilled, seasonal or specialised workers while offering individuals opportunities for professional development or cultural participation. What this article is about: This guide explains the principal categories of US temporary worker visas. It covers the H visas for specialty occupations, agricultural and non-agricultural seasonal work, and training; the L visa for intra-company transferees; the O visa for individuals with extraordinary ability; the P visa for athletes,...

Each section sets out eligibility requirements, how the category operates, and the application process. It also highlights compliance responsibilities, employer duties and worker rights, with clarification on caps, visa validity, dual intent, and derivative visas. Temporary worker visas form a core element of the United States’ nonimmigrant visa system. They are designed for those who intend to enter the US solely to perform authorised employment of a temporary nature, without an immediate aim of permanent settlement. These visas are heavily relied upon by sectors requiring access to highly skilled or seasonal foreign labour. In most cases, a US employer must first submit a petition to United States Citizenship and Immigration Services (USCIS) on behalf of the worker.

Petition approval is required before the individual can apply for a visa at a US embassy or consulate abroad. This ensures the role and applicant satisfy regulatory standards. However, approval of the petition does not guarantee that the visa will be issued, nor that entry will be granted—final admissibility is always determined by Customs and Border Protection (CBP) at the port of... Applicants generally need to demonstrate their intention to return home once their visa ends, unless they are in a category recognised as “dual intent”, such as the H-1B or L-1, which allow pursuit of... By contrast, visas such as the H-2A, H-2B and Q categories do not allow dual intent, and applicants must maintain a clear temporary intent throughout. We’re sorry, this site is currently experiencing technical difficulties.

Please try again in a few moments. Exception: forbidden The United States grants some nonimmigrants temporary admission into the United States. This includes tourists, business travelers, students, and temporary workers. It also includes people who represent foreign governments or international organizations. Section 101(a)(15) of the Immigration and Nationality Act (INA) defines the official nonimmigrant classes of admission.

Nonimmigrants are only allowed to be in the country for specific purposes. Each class of admission has different rules about length of stay and lawful activities. Regulated activities include employment, travel, and accompaniment by dependents. Temporary worker visas are for people who want to enter the country for a fixed period of employment. They are not considered permanent or indefinite. Temporary workers must qualify based on the planned employment purpose.

Requirements to apply for a visa vary by employment purpose. Many aliens want to come to the United States to work. This page provides a summary of employment-based nonimmigrant and immigrant visa classifications and other categories of aliens who are eligible for employment authorization. Each classification provides a link to more detailed information on its requirements. A common way to work temporarily in the United States as a nonimmigrant is for a prospective employer to file a petition with USCIS on your behalf. The Temporary (Nonimmigrant) Workers webpage describes the main nonimmigrant temporary worker classifications.

If you have the right combination of skills, education, and/or work experience, you may be able to live and work permanently in the United States by seeking an employment-based immigrant visa. The Permanent Workers webpage describes the five employment-based immigrant visa preferences (also called categories). If you live outside the United States and want to work here, you generally must apply for a visa from the U.S. Department of State (DOS), unless a visa is not required for people from your country of nationality. You may visit DOS’ Travel Without a Visa page for more information. In many cases, USCIS must approve your petition before you are eligible to apply to DOS for a visa or seek admission at a port of entry.

Before entering the United States, you must present yourself to a U.S. Customs and Border Protection (CBP) officer and receive permission to enter the United States and engage in your proposed activity. An H-2B visa is a type of temporary non-immigrant visa granted to foreign workers who enter the United States to perform “temporary, nonagricultural labor or services.” It has a maximum duration of three years... This visa is subject to quotas depending on the number of available slots and labor needs. In order to qualify, applicants must demonstrate that they are coming to the U.S. to fill a need that cannot be met by U.S.

citizens or permanent residents. Additionally, employers must prove that hiring the foreign worker will not have an adverse effect on wages and working conditions for similar U.S. workers. An H2B Visa is a non-immigrant visa that allows you to temporarily work in the United States. It is valid for up to three years and can be extended. In order to qualify for an H2B Visa, you must meet the following criteria:

1. You must be a citizen of a foreign country who is willing to work in the United States on a temporary basis. 2. You must have a job offer from a US employer that is temporary, seasonal, or intermittent in nature. 4. You must demonstrate that you have the qualifications, skills, and experience needed to perform the job offered by the US employer.

For-profit companies are often looking to quickly hire qualified individuals residing in the U.S. who are noncitizens on a temporary visa. Whether your company is large or small, there are several options which could provide work authorization in a matter of weeks, but this depends on the visa category sought for employment, prep time for... Below are some common questions and considerations during this process. International students typically have F-1 status, and if eligible, may work for a U.S. employer after graduating from a U.S.

university. This post-graduation period of “Optional Practical Training” can last up to one year for any graduate, and up to three years for graduates in certain science, technology, engineering, and math (STEM) fields (see the... The employer must provide a letter for the student’s designated school official (DSO) confirming the job title, job site, and compensation, with confirmation that the job offered is connected to the student’s field of... For a STEM grad, the employer should anticipate the requirements for STEM OPT, that apply during the second and third years following graduation, in order to facilitate a full three-year period of work authorization. These STEM OPT requirements include that the employer participate in E-Verify and confirm that the student’s work will be supervised, evaluated, and directly tied to developing expertise furthering knowledge in the degree field. For STEM OPT, the employer will also have to provide a short, completed Form I-983 with a training plan (see p.

Temporary Nonimmigrant Workers Uscis

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