Non-Immigrant Visas
Temporary Workers
The U.S. Immigration and Nationality Act provides nonimmigrant status to qualified persons who wish to work temporarily in the United States. You may qualify for a temporary worker's visa if you meet one of the following criteria:
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You are a person of distinguished merit and ability who is going to the United States temporarily to perform services of an exceptional nature requiring such merit and ability. (The services themselves may be of a permanent or temporary nature, but your stay in the United States must be temporary.)
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You are going to the United States temporarily to perform other kinds of services or labor if persons capable of performing such services or labor cannot be found in the U.S.
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You are going to the U.S. temporarily as a trainee.
An applicant who plans to stay in the United States permanently or indefinitely performing the kinds of services indicated above may not be classified as a nonimmigrant temporary worker and must apply for an immigrant visa or, if applicable, for nonimmigrant classification as a "Treaty Trader" or an "Intra-Company Transferee." Separate information sheets about these classifications are available.
An applicant who meets the qualifications of a temporary worker is most often eligible for one of three types of visas: an "H" visa for temporary workers; a "P" visa for performers, artists, and athletes; or an "O" visa for internationally-recognized performers, artists, and athletes of exceptional ability. To obtain one of these visas, your prospective employer or trainer must file an I-129 petition with the U.S. Department of Homeland Security (DHS).
If DHS approves the petition, you will be sent a Notice of Action (Form I-797). Once you have your Form I-797, you may apply for for your visa at the Embassy.
For a list of required application forms and supporting documents, please click here.
All applicants must apply for their visas in person, by appointment.
If you do not possess your I-797 Notice of Action, it is your responsibility to contact DHS. Please note that the approval of a petition does not, in itself, establish that you are entitled to receive a visa.
Consular officers are restricted by law from issuing temporary worker's visas without an I-797 Notice of Action.
The spouse and children of an applicant classified as a temporary worker may also be classified as nonimmigrants in order to accompany or join the principal applicant. A person who has received a visa under this classification as the spouse or child of a temporary worker or trainee may not accept employment in the United States in this status. The principal applicant must be able to demonstrate that his/her resources will be sufficient to support the entire family in the United States.
Separate Petitions Required in Certain Cases
Separate petitions are required if a person of distinguished merit or ability is going to the United States to fulfill a series of engagements as a result of more than one contract. The filing of separate petitions for each engagement may be avoided only if an agent of the applicant who would incorporate all engagements in one petition files the petition.
Petitions on Behalf of Trainees
The term "trainee" as used in the section of law providing nonimmigrant status to certain temporary workers means a nonimmigrant applicant who seeks to enter the United States at the invitation of an individual, organization, firm, or other trainer for the purpose of receiving instruction in any field of endeavor. These fields may include agriculture, commerce, communication, finance, government and transportation. An applicant may be classified as a trainee regardless of whether any benefit from the training, direct or indirect, accrues to the U.S. employer or trainer, and regardless of the source of any remuneration received by the applicant. The Immigration and Naturalization Service will not approve a petition for a trainee whose prospective trainer is an institution of learning or place of study.
When working or studying in the United States temporarily, we want to ensure each nonimmigrant is aware of his/her rights, as well as protections and resources available. To learn more about these, please review the Nonimmigrant Rights, Protections and Resources pamphlet at http://www.travel.state.gov/pdf/Pamphlet-Order.pdf