Andrew T. Thomas Attorneys at Law- Your Work Visa Attorney

• Temporary Nonimmigrant Worker Visas
• Permanent (Immigrant) Worker Visas
• Student and Exchange Visitors Visas
• Temporary Visit for Business Visas

Temporary (Nonimmigrant) Worker Visa

Temporary worker visas are issued when applicants intend to enter the United States to work for a limited and fixed period. These visas are not permanent or indefinite. The potential employer has to generally apply to the U.S. Citizenship and Immigration Services (USCIS) for a temporary work visa.

There are several temporary worker categories, the most popular of which are as follows:

• H-1B: Person in a specialty occupation
• H-2A: Temporary agricultural worker
• H-2B: Temporary non-agricultural worker – H2B visas are valid for a maximum period of three years.
• H-3: Trainee or special education visitor
• L: Intra-company transferee
• O: Individual with extraordinary ability or achievement
• P1, P2 and P3: Athletes, artists and entertainers
• Q-1: Participant in international cultural exchange programs

Some temporary visas require labor certification or approval from the Department of Labor before the employer can file for a temporary visa. In simplified form, the process involves completing the documents and attending an interview with the mandatory documentation. Expired visas can be extended through an extension process which must be completed before expiration.

Permanent Workers

140,000 employment-based immigrant visas are made available annually to qualified applicants. These are divided into five preference categories. Some spouses and children are permitted to join employment-based immigrants. The preference groups include:

• First: Persons of extraordinary ability in different fields, including sciences, arts, education, business, etc.
• Second: Professionals who hold advanced degrees and persons of exceptional ability
• Third: Professionals and other skilled workers
• Fourth: Certain special immigrants, such as religious workers, employees of U.S. foreign service posts, etc.
• Fifth: Certain business investors/employment creators

Temporary Visit for Business

Foreign nationals’ temporary business trips to the U.S. require a visitor visa (B-1) unless they qualify for entry under the Visa Waiver Program.

Temporary business includes:

• Attending business meetings or consultations.
• Attending a business convention or conference.
• Negotiating contracts.

The Visa Waiver Program (VWP)

Citizens of certain countries can travel to the U.S. without a visa if they meet certain requirements.

VWP enables citizens or nationals of participating countries to enter and stay in the U.S. for business or tourism for 90 days or less without obtaining a visa. However, such travelers must have a valid Electronic System for Travel Authorization (ESTA) approval before travel and meet additional requirements.