Temporary worker visas for the U.S. are issued to foreign citizens who intend to come to the country to work on a temporary basis. According to the immigration legislation in Miami, these types of visas are not permanent or indefinite. Prior to applying for them, the employer must file a petition with the U.S. Citizenship and Immigration Services (USCIS).
You can also count on our immigration attorney in the USA if you want to apply for a residence permit in the USA.
Types of temporary worker visas in the U.S.
There are different types of temporary worker visas in the U.S. These are as follows:
- H visas and their subcategories;
- L visa: for intracompany transferees. It is issued for individuals who intend to work at a branch, affiliate or subsidiary of their existing employer in a management or executive position, among which the L-1 visa;
- O visa: for individuals with extraordinary talent or accomplishment. For individuals with such talents or accomplishments in the motion picture or television industries;
- P visas, which are categories from 1 to 3 are issued to athletes, sportspeople, artists, and entertainers and can be obtained for individuals and teams.
- Q-1 visa: participants in an international cultural exchange program. It is obtained for practical training and employment, as well as for sharing the culture, history, and customs of the applicant’s country of origin by taking part in an international cultural exchange program. An immigration lawyer in Miami can provide more details on these visas, as well as on USA citizenship.
| Quick Facts | |
|---|---|
| Special conditions to consider with respect to work visas | US work visas, including temporary ones, are issued based on a job offer. |
|
Visa category |
Temporary worker visas enter the category of US non-immigrant visas. |
|
Availability of multiple types of visas (YES/NO) |
Yes, there are 11 types of visas. |
| Division of US temporary work visas |
– visas for skilled/specialized personnel, – visas for seasonal workers, – visas for citizens of countries with which USA has specific treaties, – intra-company transfer visas. |
| Special requirements for certain types of visas (YES/NO) |
Yes, for some visa categories, Labor Certification is required. |
| Definition of Labor Certification |
The Labor Certification is an approval that must be obtained by the employer from the US Department of Labor. |
| Who applies for temporary worker visas? |
The employer will file for the visa, following which the employee must go through the immigration process. |
| Availability of caps for the issuance of temporary work visas (YES/NO) |
Yes, there are visas that are issued in limited numbers. |
| Visa interview requirement (YES/NO) |
Yes, for people aged 14 to 79. |
| Documents required to obtain a US temporary worker visa |
– valid passport, – recent photo, – petition receipt number (sent by the employer), – Form DS-160 Nonimmigrant Application, – other documents based on the visa applied for. |
| Possibility to bring family members to the USA (YES/NO) |
Yes, in some cases the visa holder can relocate with the close family. |
| Temporary work visa validity |
The validity of a work visa depends on the type of permit obtained. |
| Visa processing time frame (approx.) |
1 – 6 months, depending on the type of visa requested. |
| Visa issuance time frame |
The average time is 10 business days after passing the visa interview. |
| Support in filing for temporary work visas for the USA (YES/NO) | Yes, you can rely on our US immigration lawyers for support in filing for such visas. |
Please note that temporary work visas are non-immigrant permits that do not enable access to a US Green Card.
The subject of how to obtain a Green Card for the USA is one that our immigration lawyers handle often. Foreign nationals are aware that they can dwell permanently in the country with a green card. If they are eligible, our experts can assist them in submitting their applications and obtaining the much-needed residency papers.
What to consider when applying for a temporary work visa in the USA
There are several aspects to take into account when choosing the type of temporary employment visa as some of them require additional steps to be taken by the employer. For instance, for some workers, labor certifications are required. These are issued by the US Labor Department and need to be obtained by the hiring company before the foreign citizen comes to the United States.
Another condition refers to certain categories of visas that are subject to petition approvals. This is one of the main reasons to discuss with our immigration lawyers in Miami about the type of visa to obtain for before starting the application procedure.
Steps to apply for a US temporary worker visa
The steps for obtaining a non-immigrant visa for employment in the USA depend on the country of origin of the applicant, but also on the type of visa. Generally speaking, the following procedure must be completed:
- find a job and wait for the employer to confirm the application on its behalf;
- file Form DS-160 Online Non-immigrant Visa Application;
- schedule an interview (exceptions may apply for certain professionals and age categories);
- pay the application fee;
- prepare the necessary documents for the visa.
At the interview, you need to have the following documents:
- valid passport;
- Form DS-160 confirmation;
- fee payment receipt;
- a recent photograph;
- petition receipt number (if applicable).
Please note that additional documents may be required. They may be linked to your family status, financial status, and education/qualifications.
Our US immigration lawyer can help you prepare the necessary documents in order to make sure you have a complete file.
If you are looking for an alternative that enables you to obtain permanent residency, we recommend the US investor visa. Our lawyers can also help you file for a spouse visa for the USA.
Obligations of the employer in the U.S.
An employer has to file a petition with the Department of Labor for a labor certification before the foreign citizen applies for temporary work in the U.S. The employer has to prove to the U.S. authorities that the local employees are not available to occupy the position and that the salary and work conditions are according to regional standards.
Our US immigration lawyers can also guide those who want to apply for US citizenship.
Legal assistance on temporary work visas in the U.S.
Temporary work visas for the U.S. enable foreign citizens to come and work in the U.S. when they possess prized knowledge and skills. They can also perform, entertain, or teach on a temporary basis in the country. In order to obtain these types of visas, both the employer, as well as the employee, have to meet certain requirements. Since the processes and documentation necessary in order to obtain them tend to be quite complex, it is recommended to seek the advice of a knowledgeable immigration lawyer in Miami who can help make the process easier and offer a higher chance of visa approval.
Temporary employment statistics in the USA
According to recent news, most temporary workers in the USA are hired by staffing companies. At the level of 2023:
- American recruitment agencies hired 12.7 million contract and temporary employees;
- about 73% of the staffing employees had full-time jobs;
- 36% of these employees worked in the industrial sector, while 24% held clerical and administrative positions.
We can also advise on the residence permit in the USA. Please contact a Miami immigration lawyer in regards to any of the L-1 and temporary work visas for the US.