Temporary Worker Visas are issued to citizens of a foreign country seeking employment
- For a fixed period of time after
- The prospective employer has to first file a petition with USCIS, which
- Once it is approved, then
- Foreign worker seeking employment in the United States applies for a work visa.
There is a definite quota for some work visa authorizations such as H1B and it rolls over to subsequent years. This changes from time to time. Due to Covid-19 there is heavy backlog for work visas and authorizations.
Temporary Worker Visa Categories are
- H1B - specialty occupation requires a higher education degree; includes fashion models of
distinguished merit and intra government research projects administered by DOF
- H1B1 - under FTA - Chile/Singapore - specialty occupation requires PS Education with at least
four years of study in specialization. This is non petition based visa.
- H2A- Temporary Agricultural Worker - Seasonal agricultural work - Designated countries only
- H2B-Temporary Non agricultural worker - Seasonal non agricultural work - designated countries
- H3 - Trainee or Special Education Visitor - Training besides medical or academic in the
education of children with mental, physical, or emotional disabilities.
- L - Intracompany Transferee - to work at branch, parent, affiliate, or subsidiary of current
employer in managerial or executive capacity; must be employed by same employer for 1 of
3 preceding years.
- O - Individual with extraordinary ability or achievement in Science, Arts, Education, Business,
Athletics or extraordinary achievements in motion picture and television field
- P1-P3 - Perform at a specific athletic competition as athlete or as a part of entertainment group
- Q1- participation in a cultural exchange program
- OPT - Optional practical training work permit is given for 2 years to students after completion of their four year undergraduate program or masters program to allow students to work and utilize their skills during education
All of the above visas are for specified period of time; some are renewable and others are not. For example, H1-B visas are for a period of 6 years during which period employee must apply for Green Card process that provides permanent residency to the person in the United States.
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