USA - FAQ's

Temporary Worker VISA

Temporary Worker Visa

There are several categories of temporary worker visas. All applicants for such visas must have a petition approved by the U.S. Immigration and Naturalization Service (INS) before applying for the visa.

H-1A -- registered nurses
H-1B -- persons in a specialty occupation
H-2A -- temporary or seasonal agricultural workers
H2-B -- temporary or seasonal nonagricultural workers
H-3 -- trainees other than medical or academic; also applies to practical
training in the education of handicapped children
L -- intracompany transferees
O-1 -- persons with extraordinary ability in the sciences, arts, education, business, or athletics, or extraordinary achievements in the motion picture and television field.
P-1 to P-3 -- individual or team athletes, or members of an entertainment group that are internationally recognized.
   

Requirements for a Temporary Worker Visa

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 Immigration and Naturalization Service. Once approved, the employer or agent is sent a notice of approval, Form I-797. With the exception of the H-1 and L-1, applicants may also need to show proof of binding ties to a residence in India which they have no intention of abandoning.

When applying for a temporary worker's visa, the applicant must submit the following:

• completed application form.

• passport valid for travel to the United States and with a validity date at least six months beyond the applicant's intended period of stay in the United States.

• one colored photograph 1 and 1/2 inches square (37 x 37mm) for each applicant, showing a full face, without head covering, against a light background.

• a notice of approval, Form I-797.
     

Additional Information for Temporary Workers

All of the above classifications have fixed time limits in which the temporary worker may perform services in the United States.The spouse and unmarried, minor children of an applicant for H or L visas 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.

A visa's validity period is the time during which it may be used to apply for admission into the United States; it does not indicate the length of time the visitor may spend in the United States. The period for which the bearer of a visitor visa is authorized to remain in the United States is determined by U.S. immigration authorities, not the consular officer.

A visa is not a guarantee of entry into the United States. Visa holders are subject to inspection at the port of entry by U.S. immigration officials who have authority to deny admission. Visa holders should, therefore, carry with them, for possible presentation to immigration inspectors, the evidence submitted to the consular officer when the visa was obtained.

A visa may not be transferred from one person to another, or used by any person other than the one to whom issued.