Temporary US Worker Visas

This Article Covers:

• Types of Temporary Worker Visas
• TN Visas (NFTA)
• Treaty Trader and Investor Visas
• How to Apply for a Temporary Worker Visa

There are several different ways for noncitizens to temporarily work in the U.S. Temporary worker visas are for those who want to enter the US for employment lasting a fixed period and are not considered permanent or indefinite.

Note: See the list of countries participating in the Visa Waiver Program which allows citizens of participating countries to work in the US without a Visa for up to 90 days.

Types of Common Temporary Worker Visas

Note that these are high-level descriptions of the visa types.

B-1

This is a non-immigrant visa for temporary business visitors (1 to 6 months with the possibility of a 6-month extension; 1-year max with full extension). It’s for business travelers who intend to do business in the U.S., such as:

• Consult with business associates
• Attend a scientific, educational, professional, or business convention or conference
• Settle an estate
• Negotiate a contract

H-1B

It is issued to temporarily employ foreign workers in the U.S. on a nonimmigrant basis in specialty occupations. This includes employment in nonprofit entities related to or affiliated with higher education institutions and nonprofit research organizations.

The initial period of stay is three (3) years, with extensions available for up to three (3) years after that (six-year maximum).

The H-1B visa is exempt from the visa quota for a nonprofit for the purposes of U.S. immigration. As a result, those who apply for this visa will also get a reduction in filing fees, which will cost $820 per application (instead of $2,320).

H-1B1

It is issued to foreign workers specifically from Chile and Singapore.

H-2A

It is issued to foreign workers in the agricultural labor sector.

H-2B

It is issued to foreign workers involved in non-agricultural services or labor based on the employer's temporary need.

O-1

The O-1 nonimmigrant visa is for the individual who possesses or demonstrated extraordinary ability in the sciences, arts, education, business, motion picture, or athletics industries. Note that the application process requires verifiable proof of the applicant's expertise in the area of ability.

The O-1 visa may be valid for an initial period of three years and may be extended indefinitely in one-year increments.

O-1 sub catagorises are:

• O-1A: Individuals with an extraordinary ability in the sciences, education, business, or athletics (not including the arts, motion pictures, or television industry);
• O-1B: Individuals with an extraordinary ability in the arts or extraordinary achievement in the motion picture or television industry;
• O-2: Individuals who will accompany an O-1 artist or athlete to assist in a specific event or performance; and
• O-3: Individuals who are the spouse or children of O-1 and O-2 visa holders.

L

It is issued to an intracompany transferee, an employee who has worked at a branch, parent, affiliate, or subsidiary of the employer in a managerial or executive capacity.

You can find other categories for temporary worker visas here.

Additional Temporary Visas

North American Free Trade Agreement (NAFTA) Professional Visa (TN)

The TN visa offers citizens of Canada and Mexico temporary entry into the U.S. to work in business activities for an initial period of up to 3 years. You can check a list of NAFTA professions here.

• For Canadian citizens, a TN visa is not required, although it can be issued upon request. Applicants need to bring documentation to the U.S. Customs and Border Protection (CBP) port of entry for an interview.
• For Mexican citizens, a TN visa is required, which can be obtained directly at a U.S. embassy or consulate in Mexico.

Treaty Visa: Trader (E-1), Investor (E-2), Australian in Specialty Occupation (E-3)

This type of visa is issued to citizens of a country where the U.S. maintains treaties of commerce and navigation. You can find details here and check the list of treaty countries here.

The individual must:

• Engage in substantial trade (meaning that there is a sizable and continuing volume of trade), including trade in services or technology, in qualifying activities, principally between the United States and the treaty country.
• Develop and direct the operations of an enterprise in which you have invested a substantial amount of capital (investment funds or assets committed and irrevocable and be sufficient to ensure the successful operation of the enterprise).

How to Apply for a Temporary, Nonimmigrant Visa

1. File the Online Nonimmigrant Visa Application, Form DS-160
   1. The photo you’ll be uploading must meet the photo requirements. If it’s not uploaded correctly, bring a copy of it.

2. Print the Form DS-160 confirmation page.

3. Schedule an interview at the US Embassy or Consulate in the country where you live.

4. Pay the non-refundable visa application fee (varies depending on the type of visa)
   1. $160 for non-petition-based applications
   2. $190 for petition-based applications

5. Prepare the required documents before the interview:
   1. Passport
   2. Form DS-160 confirmation page
   3. Application fee payment receipt
   4. Photo
   5. Receipt number of Form I-129, Form I-797, and Form I-1292 for the L visa

6. Prepare additional documents, which may include:
   1. Purpose of your trip
   2. Proof of compelling ties to your home country and intent to return after temporarily staying in the U.S.
   3. Ability to pay costs of the trip
   4. For those applying for a TN visa: Contract or letter of employment in the U.S., and documentation proving that you meet the minimum education and/or work experience

7. Attend your scheduled interview

You can check visa processing/wait times here. Typically, it takes about 5 to 7 months for visa processing.