Temporary Work Visa Law

Temporary Work Visa Law

There are several categories of non-immigrant visas for people who want to work in the United States on a temporary basis:

1. E visa: is for foreign nationals who are representatives of a foreign company that trades with the United States. To be eligible for this visa, you must be from a country that has a trade treaty with the United States.
2. H-1B visa: is for people who work in specialty occupations, which are jobs that require a four-year bachelor's degree or higher in a specific field, or the equivalent experience. There is an annual limit on the number of H-1B visas allotted by the INS each year.
3. L-1 visa: is designed for intracompany transfers, which refer to transfers within the umbrella of a corporation or its subsidiary.
4. TN visa: is a special type of work visa for Canadians and Mexicans. "TN" is an abbreviation of Trade NAFTA, the free trade agreement between the United States, Canada and Mexico. To qualify for a TN visa to the United States, you must be a citizen of Canada or Mexico and have a job offer that fits one of 63 NAFTA-approved professions. You must meet the job's minimum education requirements, which often include a university degree.

In order to be considered for a temporary work visa, your prospective employer or agent must file Form I-129, Petition for Non-immigrant Worker, with the Immigration and Naturalization Service (INS). Once approved, the employer or agent is sent a notice of approval, Form I-797.

Applicants for temporary work visas should generally apply at the U.S. embassy or consulate with jurisdiction over their place of permanent residence. If you're already in the United States on another temporary visa, such as an F-1 student visa, you may generally apply to the INS service center closest to where you will work.