H-2: Temporary Workers

H-2: Temporary Workers

Temporary Nonimmigrant Worker Visas

In order to come to the United States legally as a nonimmigrant to work temporarily, your potential employer must file a nonimmigrant petition on your behalf.

The attorneys at Scott D. Pollock & Associates, P.C., have obtained nonimmigrant temporary work visas for workers around the world. Our experienced Chicago immigration lawyers are prepared to help you navigate the nonimmigrant visa process for temporary workers.

How to Apply for a Temporary Worker Visa

A temporary worker visa is a classification permitting a foreign national to work in the United States for a temporary period. When a noncitizen enters the country, they must obtain a visa. Nonimmigrant temporary work visas are for limited time in the U.S., whereas immigrant visas grant permanent residence.

1. File the Petition

To start the process, religious employers must fill out Form I-129, Petition for a Nonimmigrant Worker.  In most cases, after receiving the petition, USCIS will conduct an on-site visit.

2. Complete the Nonimmigrant Visa Application

All nonimmigrant visa applicants must fill out Form DS-160, Nonimmigrant Visa Application. This form includes several questions regarding their background as well as the purpose of their visit to the U.S.

3. Interview with the U.S. Embassy or Consulate

Foreign nationals between the ages of 14 and 79 who apply for a nonimmigrant visa must interview with an official at the U.S. embassy or consulate in their home country or country of residence.

Spouses and Children Seeking Nonimmigrant Dependency Classification

Spouses and children qualifying for a dependent nonimmigrant classification of a temporary worker who resides outside the United States should apply at the USCIS.

How Does the U.S. Government Define Temporary (Nonimmigrant) Workers?

There are several different forms of temporary nonimmigrant work visas. The type of nonimmigrant work visa you will apply for may depend on your field or reason of work.

  • H1-B: Person in a specialty occupation such as those requiring higher education/degree
  • H-1B1: Free trade professional working in specialty occupation requiring 4 years post-secondary education or degree
  • H2-A: Temporary agricultural worker – for temporary or seasonal agriculture
  • H2-B: Temporary non-agricultural work
  • H-3: Special education visitor, in the US for academic purposes not offered in their home country
  • L: Transferring within the same company that the individual was employed by abroad
  • O: Individual with extraordinary abilities or achievements in sciences, arts, business, education, athletics, or motion picture fields
  • P-1: Individual or team athlete with a visa to perform
  • P-2: artist or entertainer, individual or group to teach, coach or perform
  • Q-1: International cultural exchange program
  • R-1: Religious workers

How Long Does It Take to Process a Temporary (worker) Visa?

The time it takes to process nonimmigrant visas varies widely based on several factors. If USCIS has already conducted an on-site inspection of the employer, the employer may qualify for premium processing, which significantly speeds up the process. The average visa approval process can take 3 to 5 weeks, and an additional 5 to 7 months for the visa to arrive.

How Long Does this Visa Last?

Temporary nonimmigrant work visas may be granted for up to 3 years. Renewal of the visas can be extended if approved by the United States Citizenship and Immigration Services (USCIS).

The Chicago immigration legal team at Scott D. Pollock & Associates, P.C. is here to answer any questions you have about temporary nonimmigrant visas.

Contact an Experienced Immigration Attorney Today

At Scott D. Pollock & Associates, P.C., we provide individuals, families, and employers the legal representation they need to navigate the process of obtaining nonimmigrant visas such as temporary work visas. Our attorneys have over seven decades of combined experience in U.S. immigration law. We’ve helped guide numerous clients through the complicated process of gaining temporary worker visas in the U.S. Contact a member of our team today at 312.444.1940.


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