Apply for a U.S. Temporary Worker Visa

Temporary foreign workers have long supported the U.S. economy, providing American industries, such as agriculture and technology, with a critical labor force.

Temporary worker visa categories

If you want to work in the U.S. temporarily as a nonimmigrant, under U.S. immigration law, you need a specific visa based on the type of work you will be doing. Most temporary worker categories require that your prospective employer or agent file a petition, which must be approved by the U.S. Citizenship and Immigration Services (USCIS) in the United States before you can apply for a work visa. There are several types of US work visas depending on the purpose and the kind of work that you want to do.

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.

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 for a Temporary Work Visa in the US

The US offers a range of temporary work visas, including H-1B, H-2A, H-2B, L-1, O-1, P-1, and R-1 visas. Each visa type has its own requirements, so it's important to determine which visa is most appropriate for your situation.

There are 4 main steps to apply for an EAD (electronic authorization document): Filing the I-765, pay the fees, upload photos, and provide documents proving you’re eligible. Before doing any of these steps it is important to know you are eligible or else you could be wasting time and money. Find out if you’re eligible for a US Work Visa first.

In order to apply for a temporary work visa, you will need to have a job offer from a US employer who is willing to sponsor you. Your employer will need to file a petition on your behalf with the US Citizenship and Immigration Services (USCIS).

1. Filing the I-129 Form

The I-129 Form is a Petition for a Nonimmigrant Worker. This form must be filed on your behalf by a prospective employer and be approved by USCIS. Some temporary worker categories are limited in a total number of petitions which can be approved on a yearly basis. Before you apply for a temporary worker visa the I-129 form must be approved first.

2. Complete Online Visa Application

After your I-129 form has been approved by USCIS you can apply for one of the temproary worker visa categories. You will need to complete the online visa application which is the DS-160 Form. While you’re filling out the DS-160 Form you will need to upload your photo to the application as well. Learn about the Digital Image Requirements. You must complete the online application and print the application form confirmation page to bring to your interview.

3. Attend a visa interview

You will need to attend an interview at a US embassy or consulate in your home country. During the interview, you will be asked about your background, qualifications, and job offer. You may also be asked to provide additional documentation or information.

4. Prepare Required Documents for a Temporary Work Visa

You will want to gather and prepare the required documents before your interview. The following items are required for you to bring to your interview:

• Passport valid for travel to the United States – Your passport must be valid for at least six months beyond your period of stay in the United States (unless exempt by country-specific agreements). If more than one person is included in your passport, each person who needs a visa must submit a separate application.

• Nonimmigrant Visa Application, Form DS-160 confirmation page.

• Application fee payment receipt, if you are required to pay before your interview.

• Photo – You will upload your photo while completing the online Form DS-160. If the photo upload fails, you must bring one printed photo in the format explained in the Photograph Requirements.

• Receipt Number for your approved petition as it appears on your Petition for a Nonimmigrant Worker, Form I-129, or Notice of Action, Form I-797, from USCIS.

• L Visa Applicants – If you are included in an L blanket petition, you must bring Form I-129S, Nonimmigrant Petition Based on Blanket L Petition, to your interview.

All visa applicants, except H-1B and L, will generally need to show proof of compelling ties to your home country to demonstrate your intent to return after your temporary stay in the United States. Examples of compelling ties include:

• A residence abroad which you do not intend to abandon

• Your family relationships

• Your economic situation

• Your long term plans

You will need to wait for your visa to be processed. Processing times can vary depending on the visa type and the volume of applications being processed.

It's important to note that the process for applying for a temporary work visa can be complex, and requirements can vary depending on your specific situation. It's recommended that you consult with an immigration attorney or a qualified immigration professional to guide you through the process.