Temporary Employment Visas (Non-immigrant Visas)
Temporary or non-immigrant visas are given to foreign nationals who enter the U.S. with an acceptable U.S. Citizenship and Immigration Services’ (USCIS) work authorization and with a “non-immigrant intent,” meaning that the person does not intend to stay in the U.S. permanently. Most work-based visa categories require the prospective employer to sponsor the petitioner for work authorization so that the applicant can enter the country in possession of the appropriate visa.
If you are interested in entering the U.S. temporarily, you are generally required to obtain a U.S. visa which will allow you to present yourself to an immigration official at the U.S. border for entry into the U.S. Your stay in the U.S. must be for a limited period of time and restricted to the category for which your U.S. visa was issued. You will need a valid passport issued by your own country, and, in most cases you must maintain a foreign residence.
You may also be required to show proof of financial support.
There are many categories of non-immigrant visas based on the job duties, length of stay, nature of employment, and qualifications of the applicant. Below are some of the more common U.S non-immigrant work visas that we routinely handle in our office:
B - Temporary Visitors for Business
The B-1 visitor for business must be entering the U.S. to perform services for a foreign company such as a sales person entering the U. S. to take orders for a foreign company.
E - Treaty Traders or Investors
E visas are available to an alien who is entering the U.S. under the provisions of a treaty of commerce. An E visa can be either for the principal applicant, or for a managerial employee of the E petitioning company. For E-1 purposes, the trade must be of a substantial nature between the U.S. and the foreign country of the applicant. If the applicant is an employee, he or she must be engaged in duties of a supervisory or executive level or must have some specific qualifications that would make his or her services essential to the operation of the employing company.
E3 - Specialty Work Visa for Australian Nationals
Australian nationals are now able to apply for their own U.S. work-related visa known as the E-3 visa. The new E-3 visa allows nationals of the Commonwealth of Australia to enter the U.S. to work in a Specialty Occupation and who already possess an offer of employment. The petitioning employer is required to file a Labor Condition Application with the U.S. Department of Labor. The U.S. Government sets a limit on the number of E-3 visas it issues each year and the current cap is set at 10,500. These are issued on a first come, first served basis. E-3 visas are valid for 2 years, but can be renewed for another 2 years on an indefinite basis, as long as the applicant continues to have a sponsor in the U.S.
Skilled workers of most industries can qualify if petitions have been approved on their behalf by USCIS. Part of the USCIS approval process may require the prospective employer to file certifications with the U.S. Department of Labor. Workers in this category may include nurses, foreign physicians, defense workers, specialty occupations, agricultural workers, and their dependents. Some of these categories have numerical limits.
This classification allows executives, managers and certain specialists to transfer to jobs within the company, but which are located in the U.S. The applicant for an L-visa must have been employed with the company in an executive or managerial capacity continuously one year preceding the application for a visa and must be in possession of a petition approved by the USCIS. In most cases, the petition will indicate the name of the principal applicant and the period of stay in the U.S. In some instances, the sponsoring company can petition with a quicker “blanket” petition if it has habitually used L visas for employees in the past.
O - Individuals of Extraordinary Ability
This category applies to persons of extraordinary ability in science, the arts, education, business, and athletics, or who have extraordinary achievement in motion picture and television production. It also includes the applicant’s support personnel. The applicant must present an approved petition or notification that has been approved by USCIS.
P - Performing Artists and Athletes
Certain athletes, entertainers, and artists who are intending to perform in the U.S. are covered in this category. As with other work-related visa categories, applicants must be beneficiaries of petitions approved on their behalf by the USCIS.
The R-1 visa category is set aside for a foreign national who is coming to the U.S. temporarily to be employed by a non-profit religious organization in the U.S. to work as a minister or in a religious vocation or occupation.
TN Visas - NAFTA Treaty Professionals
NAFTA creates special economic and trade relationships between the U.S, Canada and Mexico. The non-immigrant TN visa allows citizens of Canada and Mexico to work in the U.S. as NAFTA professionals.
All temporary visa applicants should remember that non-immigrant work visas are not intended for permanent employment in the U.S. These visas allow individuals to live and work in the U.S for a specific period of time.
Dependents will also be able to join the non-immigrant worker, but in most cases they will not be authorized to work, however, they can study in the U.S. Even in non-immigrant visa status, it is possible to live and work in the U.S. for several years, however, there is the presumption that the employee and their family will return to their home country when their employment in the U.S. has ended.
Please contact us to start your immigration application now.