Temporary Workers
In order for a foreign national to come into the United States and legally work temporarily, it is necessary to obtain a temporary worker visa. This visa is a nonimmigrant visa, which means that it is valid for only a specific amount of time and does not extend residency to the temporary worker.
As a temporary worker, the foreign national is limited to the activity or reason for which their nonimmigrant visa was issued. A U.S. employer must file a nonimmigrant petition on behalf of the temporary worker. Spouses and children of temporary workers may also qualify for a visa.
These are the some of the main nonimmigrant temporary worker classifications:
E-1 Treaty traders and qualified employees.
E-2 Treaty investors and qualified employees.
E-3 Certain “specialty occupation” professionals from Australia.
H-1B Workers in a specialty occupation and the following sub-classification:
- H-1B1 Free Trade Agreement workers in a specialty occupation from Chile and Singapore.
- H-1B2 Specialty occupations related to Department of Defense Cooperative Research and Development projects or Co-production projects.
- H-1B3 Fashion models of distinguished merit and ability.
H-2A Temporary or seasonal agricultural workers.
H-2B Temporary non-agricultural workers.
H-3 Trainees other than medical or academic. This classification also applies to practical training in the education of handicapped children.
I Representatives of foreign press, radio, film or other foreign information media.
L-1A Intracompany transferees in managerial or executive positions.
L-1B Intracompany transferees in positions utilizing specialized knowledge.
O-1 Persons with extraordinary ability in sciences, arts, education, business, or athletics and motion picture or TV production.
O-2 Persons accompanying solely to assist an O-1 non-immigrant.
P-1A Internationally recognized athletes.
P-1B Internationally recognized entertainers or members of internationally recognized entertainment groups.
P-2 Individual performer or part of a group entering to perform under a reciprocal exchange program.
P-3 Artists or entertainers, either an individual or group, to perform, teach, or coach under a program that is culturally unique.
Q-1 Persons participating in an international cultural exchange program for the purpose of providing practical training, employment, and to share the history, culture, and traditions of the alien’s home country.
R-1 Religious workers.
TN North American Free Trade Agreement (NAFTA) temporary professionals from Mexico and Canada.
As you can see, there are many different categories of visas for temporary workers, and some of them overlap and/or are very specific. The attorneys of Cohen & Forman can help you identify a category of temporary worker visa you or your employee may qualify for and help you throughout the application process. Contact us for a consultation.
