Understanding of Temporary Worker Visas

Understanding of Temporary Worker Visas

If a citizen of a foreign country who wishes to work in the United States, he/she must first get the respective visa type.  Generally, the prospective employer must file the petition on behalf of the applicant through USCIS, and USCIS can grant or deny the petition. According to USCIS, there are 21 temporary worker visa categories. If the employment is for a fixed period, the applicant can apply for a temporary employment visa.  Most applicants for temporary worker visas must have an approved petition in order to enter the United States. 

However, the certain temporary worker visa categories need an approved labor certification. The first step is the prospective employer must apply for the labor certification with the Department of Labor (DOL).  Then, the prospective employer can file the Petition for a Nonimmigrant Worker, USCIS’s Form I-129.  USCIS must first approve the Petition for a Nonimmigrant Worker, Form I-129. Once the petition is approved, the prospective employer will be notified with a Notice of Action, Form I-797.  The important thing is that temporary worker visa categories have limited visa slots on a yearly basis.

Example of Temporary Worker Visas

•  H-1B

Eligibility of H-1B Visa Applicant

• Applicants must have at least a bachelor’s degree, or equivalent experience in the specialty occupation. Includes fashion models, physicians, nurses and other specialities.  Please note that the minimum meeting the eligibility of requirements of this visa classification does not guarantee that the applicant can get a visa approved.

Note: This information is for generally educational or informational purposes only and it does not constitute legal advice.