Temporary Workers

Some nonimmigrant visa categories allow a person to work in the United States for a limited period of time. Anyone seeking to come to the United States with the intention of working temporarily, performing services or receiving training, must obtain a nonimmigrant visa in the appropriate employment related category. As examples, if you want to come to the U.S. as an athlete, entertainer or entertainment group, registered nurse, temporary laborer, trainee specialty worker, minister of religion or religious worker, fashion model, certain artists or international cultural exchange, intra-company transferee, and treaty trader/investor, you will need a specific visa.

For the following visa categories, the Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) must first approve work petitions.

• H Visa for temporary workers
• L Visa for employees in intra-company transfers
• O Visa for workers with extraordinary abilities
• P Visa for athletes and entertainers
• Q Visa for international cultural exchange visitors

In general, nonimmigrant work visas are based on a specific offer of prearranged employment from a U.S. employer. As with all types of visas, there are very specific requirements under immigration law, which must be met. Visit the USCIS Temporary Workers webpage to review the petition and documentation requirements. Before you can work or receive training, or apply for the visa, your employer must file a Form I-129, Petition for Nonimmigrant Worker, which must be approved by the Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS). In some cases the employer must first get a certificate from the Department of Labor.

After USCIS approves the petition, it will inform the embassy or consulate where you will apply for your visa. Applicants must present their Form I-797 Approval Notice to show proof of petition approval when they apply for visas. Learn more about Visa Application.

The following categories of temporary workers do not require a I-129 petition, with Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) approval if the worker is currently outside of the United States: Learn More

• E Visa for treaty traders and investors
• R Visas of religious worker
• TN Visa for Canadian and Mexican professionals