Work Visas
Work Visas
Work Temporary Visas (non-immigrant) are intended for foreigners who will come to the United States to work for a fixed period of time, under a previously agreed employment contract. These visas, therefore, do not confer the right to a green card or permanent residence in the USA.
The potential employer (contractor) of the temporary work visa applicant must first file a petition with the US Citizenship and Immigration Service (USCIS). Once the petition has been approved, the applicant can apply for the visa following all the required procedures at the US Embassy or Consulate in the country in which they reside.
There are several categories of temporary work visas. Learn about the main ones:
H-1B: Specialized Occupations
This visa classification is designed for individuals who work in specialized occupations, such as researchers and development project workers who collaborate with the U.S. Department of Defense (DOD). The H-1B also applies to prominent fashion models with distinguished merit and ability. The H-1B subcategory may or may not require a bachelor’s or other advanced degree and/or a labour certification.
H-2B: Non- Agricultural Workers
The H-2B program allows companies in the US to hire foreign nationals to fill temporary non-agricultural jobs, as long as they can establish that there are not enough workers available to carry out certain activities in the country. There is an annual numerical limit for foreigners to receive an H-2B visa. In addition, H-2B petitions can only be approved for citizens of certain countries.
L-1A: Transfer of Managers and Executives
The L-1A is aimed at transferring specialized managers or executives to a branch, parent company or subsidiary of the same company that employs them in their country of fixed residence.
Applicants must have been employed by the same company for at least 1 year to apply for the L-1A. This classification is often used by large multinationals or foreign companies that do not yet have an affiliate office in the US, and wish to send an executive or manager to establish a base in the country.
O-1: Extraordinary Skills or Achievements
The O-1 temporary work visa is for individuals who possess extraordinary skills in the sciences, arts, education, business or athletics, or who can prove exceptional achievement in the film or television industry, and have gained national or international recognition for their achievements. The subcategories of the O-1 visa include O-1A, O-1B, O-2 and O-3.
Although some requirements for this visa are similar to the EB-1 immigration category, the O-1 is a temporary work visa, with a duration previously agreed by the employer with the USCIS. Therefore, the O-1 visa does not allow permanent residence in the USA.
P-1A: Professional Athletes
The P-1A classification applies to professional athletes with the aim of competing in a specific sport in the United States, either in an individual sport or as part of a group of competitors. In general, athletes who qualify for the P-1A visa have a high level of performance. In addition, the competitions they intend to compete in must also have a distinguished reputation and a high degree of acclaim that justifies the participation of international athletes. Athletic coaches can also qualify for the P-1A category.
P-3: Artists
The P-3 visa is granted to artists who wish to come to the United States, either as an individual or as part of a group, to perform, act, train or teach their particular art or discipline. In addition, the reason for coming to the US must be related to participation in cultural events that will further the understanding or development of their art. These events can be of a commercial or non-commercial nature.
