How to Apply For Temporary USA Worker Visa
In general, How to Apply For Temporary USA Worker Visa for foreign national wishing to enter the United States must first get a visa, either a nonimmigrant visa for temporary stay or an immigrant visa for permanent residence. Temporary worker visas are for people who desire to work in the United States for a limited time and are not considered permanent or indefinite. The potential employer must first file a petition with US Citizenship and Immigration Services (USCIS) for each of these visas. To apply for a work visa, you must have an authorized petition.
Temporary worker visa categories
Visa category | General description – About an individual in this category: |
H-1B: Person in Specialty Occupation | To work in a specialty occupation. Requires a higher education degree or its equivalent. Includes fashion models of distinguished merit and ability and government-to-government research and development, or co-production projects administered by the Department of Defense. |
H-1B1: Free Trade Agreement (FTA) Professional – Chile, Singapore | To work in a specialty occupation. Requires a post-secondary degree involving at least four years of study in the field of specialization. (Note: This is not a petition-based visa. For application procedures, please refer to the website for the U.S. Embassy in Chile or the U.S. Embassy in Singapore.) |
H-2A: Temporary Agricultural Worker | For temporary or seasonal agricultural work. Limited to citizens or nationals of designated countries, with limited exceptions, if determined to be in the United States interest. |
H-2B: Temporary Non-agricultural Worker | For temporary or seasonal non- agricultural work. Limited to citizens or nationals of designated countries, with limited exceptions, if determined to be in the United States interest. |
H-3: Trainee or Special Education visitor | To receive training, other than graduate medical or academic, that is not available in the trainee’s home country or practical training programs in the education of children with mental, physical, or emotional disabilities. |
L: Intracompany Transferee | To work at a branch, parent, affiliate, or subsidiary of the current employer in a managerial or executive capacity, or in a position requiring specialized knowledge. Individual must have been employed by the same employer abroad continuously for 1 year within the three preceding years. |
Certification of Labor
Before filing the Petition for a Nonimmigrant Worker, Form I-129, with USCIS, your prospective employer must receive a labor certification or other approval from the Department of Labor on your behalf. To establish whether labor certification is required for you, your prospective employer should consult the Instructions for Form I-129 on the USCIS website.
Approval of Petition
See How to Apply For Temporary USA Worker Visa categories have a yearly cap on the number of petitions that can be authorized. Before you may apply for a temporary worker visa at a US Embassy or Consulate, a prospective employer must file a Petition for a Nonimmigrant Worker, Form I-129, on your behalf and have it accepted by USCIS. For additional information about See Working in the United States and Temporary (Nonimmigrant) Workers on the USCIS website for more information on the petition procedure, eligibility requirements by visa type, and numerical limits, if applicable. When your petition is authorized, USCIS will send a Notice of Action, Form I-797, to your prospective employer.
O: Individual with Extraordinary Ability or Achievement | For persons with extraordinary ability or achievement in the sciences, arts, education, business, athletics, or extraordinary recognized achievements in the motion picture and television fields, demonstrated by sustained national or international acclaim, to work in their field of expertise. Includes persons providing essential services in support of the above individual. |
P-1: Individual or Team Athlete, or Member of an Entertainment Group | To perform at a specific athletic competition as an athlete or as a member of an entertainment group. Requires an internationally recognized level of sustained performance. Includes persons providing essential services in support of the above individual. |
P-2: Artist or Entertainer (Individual or Group) | For performance under a reciprocal exchange program between an organization in the United States and an organization in another country. Includes persons providing essential services in support of the above individual. |
P-3: Artist or Entertainer (Individual or Group) | To perform, teach or coach under a program that is culturally unique or a traditional ethnic, folk, cultural, musical, theatrical, or artistic performance or presentation. Includes persons providing essential services in support of the above individual. |
Q-1: Participant in an International Cultural Exchange Program | For practical training and employment and for sharing of the history, culture, and traditions of your home country through participation in an international cultural exchange program. |
How to Apply
You may apply for a visa when the USCIS approves your Petition for a Nonimmigrant Worker (Form I-129). The visa application procedure consists of multiple steps. The order of these stages and how you complete them may differ depending on which US Embassy or Consulate you apply to. Please read the instructions on the website of the embassy or consulate where you intend to apply.
Fill out the online visa application
- Form DS-160, Online Nonimmigrant Visa Application – Learn more about completing the DS-160. You must: 1) finish the online visa application; and 2) print the confirmation page of the application form to bring with you to your interview.
- Photo – You will upload your photo when filling out Form DS-160 online. Your photograph must be in the format specified in the photograph requirement.