Temporary Work Visas

This article will discuss temporary employment in the U.S., briefly listing the privileges and limitations of some of the more common types of temporary work visas.

Temporary Employment

There are several temporary work visas for employment. Each visa is for a limited time (usually one to six years), and allows a foreign worker to work for only one employer at a time. Each visa is also for a specific job and in a specific geographical area.

The first requirement for a temporary work visa is a job offer from a US employer. For a temporary work visa, the US employer need not prove to the government that there are no willing and qualified US workers who can do the job. This is not the case with permanent immigration through employment, where the employer must go through an elaborate process to show there are no US workers available for the job. Permanent immigration will be discussed in another article.

Some of the more common temporary work visas are:

H-1B visas. These visas allow foreign workers to work legally in the US for a U.S. employer. H-1B’s can usually be issued quickly. They allow the visa-holder to travel in and out of the U.S. or remain in the U.S. continuously until the H-1B visa status expires. Visas are also available for accompanying relatives.

As an H-1B holder, a foreign worker is restricted to working only for the employer who acted as his/her H-1B sponsor. If the worker wishes to change jobs, he or she must get another H-1B visa. Employers who sponsor H-1B workers must file an attestation (or promise) with the U.S. Department of Labor before they can sponsor a H-1B worker. H-1B status can be held for no more than six years. After the 6th year, the worker must return to his/her home country, unless he/she is eligible to change to another nonimmigrant category or apply for permanent residence (as described below). Accompanying relatives may stay in the U.S. with the H-1B worker, but they cannot work, unless they qualify for a work visa in their own right.

H-2B visas. These visas are for temporary, nonagricultural workers. Like the H-1B visa, the H-2B visa allows the foreign worker to work legally in the U.S. for the U.S. employer who sponsors him/her. The H-2B worker may travel in and out of the U.S. or remain in the U.S. continuously until the H-2B visas status expires. Visas are available for accompanying relatives.

Some of the limitations of H-2B visas are also similar to the limitations on H-1B visas. The worker is restricted to working only for the U.S. employer who acted as the H-2B visas sponsor. If the worker wishes to change jobs, he/she must get a new H-2B visa. H-2B visas can initially be approved for up to only one year. Additional one-year extensions are allowed. After a maximum of three years, the worker must return home and wait at least 12 months before applying for another H-2B visa, unless the worker qualifies for another visa status. Accompanying relatives may stay in the US. with the H-2B worker, but they may not work.

L-1 visas. These are called Intracompany Transfer visas for Manager, Executives, and Workers with Specialized Knowledge. This visa requires at least two related companies, one inside the U.S. and one outside the U.S. that is a branch, subsidiary, affiliate or joint venture partner of the U.S. Company. The foreign company must already employ the worker outside of the U.S. in order for the worker to be eligible to be transferred to the U.S. company as a L-visa-holder. Like H visas, the L visa can be issued relatively quickly. The worker may travel in and out of the U.S. or remain in the U.S. continuously until the L-1 status expires. Visas are available for accompanying relatives. One great advantage to the L-1 visa is that an executive or manager with an L-1 visa can obtain a green card through employment through a more streamlined process than most workers.

Some of the limitations of the L-1 visa are similar to the limitations on the H-1B visa. The L-1 worker is restricted to working only for the U.S. employer who acted as the L-1 visa sponsor, and the U.S. company must be a branch, subsidiary, affiliate or joint venture partner of the company that currently employs the worker outside the U.S. L-1 visas can initially be approved for only up to three years. Extensions of two years at a time may be allowed until the worker has been in the U.S. for a total of seven years if the worker is a Manager or Executive. Persons with specialized knowledge can get extensions totaling only five years. Accompanying relatives may stay in the U.S. with the worker, and some may obtain authorization to work.

J-1 visas. These are called Exchange Visitors’ visas. An exchange visitor may come to the U.S. to participate in a specific exchange visitor program approved by the U.S. government. There are a large number of such special programs sponsored by school, businesses, and a variety of organizations and institutions. The exchange program is meant to foster international cooperation through exchange of information. The programs are intended for students, scholars, trainees in business and industry, teachers, research assistants, and international visitors on cultural missions. J-! visas can be issued quickly. There are no quota restrictions for J-1 visas. They allow the visa-holder to work legally in the U.S. if work is part of the approved program of if the worker receives permission to work from the official program sponsor. The J-1 visa-holder may travel in and out of the U.S. or remain in the U.S. until the completion of the exchange visitor program. Visas are available for accompanying relati8ves.

As with the other temporary visas described above, the J-1 visa has restrictions. The visa-holder’s activities are restricted to studying, working, or otherwise participating in the specific exchange visitor programs for which the visa has been approved. Also, exchange visitors participating in certain types of programs may be required to return to their home countries for at least two years before they are permitted to get a green card or change to another nonimmigrant status or to have an “L” or “H” visa petition approved on their behalf.

O visas. These are one-year visas for aliens of “exceptional ability” in the sciences, arts, education, business or athletics. To be considered a person of extraordinary ability, the worker must have sustained national or international acclaim; or, if the worker is in the motion picture or television industry, he/she must have a demonstrated record of extraordinary achievement. O visas can be issued quickly. They allow the worker to travel in and out of the U.s. as long as the visa stamp and status are valid. The worker may remain in the U.S. only as long as the O status remains valid. Visas are available for accompanying relatives.

Limitations on the O visa include the restriction to working only for the employer who acted as the visa sponsor. If the worker changes jobs, he/she must get a new visa. Accompanying relatives may stay in the U.s. with the O visa-holder, but they may not work.


Important caveat regarding Visitors Visas:

It is important to remember that a visitor’s visa (B-1/B-2 visa) is only to be used for visits to the US for pleasure or business, but not for employment. It is best to consult an attorney before applying for a visa, to be sure you are applying for the correct visa, and that you are applying in the correct manner.


About the author: Kathleen Lord-Black is a U.S. immigration lawyer.  Her offices are located in Vancouver, British Columbia. She has served as Immigration Consultant for the San Francisco Public Defenders Office, 2005 Chair of the Immigration Section of the Barristers Club of the Bar Association of San Francisco, and former Congressional liaison for U.S. Representative Farr. Ms. Lord-Black is an active member of the American Immigration Lawyers Association and the American Civil Liberties Union. Her articles regularly appear in the Bay Area Arabic-language newspaper, Alra’i Alarabi. Ms. Lord-Black can be reached via email at kathleen@kathleenlord.com; and by telephone at (360) 329-2436 (U.S.) and (604) 352-2006 (Canada). www.immigration-etats-unis.com