To work in the United States temporarily, a nonimmigrant visa is needed. There are several categories of nonimmigrant temporary worker visas, and each type is granted based on the purpose of an alien's visit. Each visa type is referred to by a letter or by a combination of letters and numbers. Examples of temporary workers include persons in specialty occupations (H-1B); agricultural workers (H-2A); nonagricultural workers (H-2B); nonmedical and nonacademic trainees (H-3); intracompany transferees (L); persons working in the sciences, arts, business, education, or athletics (O); certain athletes, artists, and entertainers (P); and persons participating in an international cultural exchange program (Q). These categories of nonimmigrant visas share basic eligibility requirements.

Who Is Eligible?

Certain categories of aliens are always ineligible for visas, including those who practice polygamy; who have certain communicable diseases, such as AIDS and tuberculosis; who traffic in drugs; and who advocate the overthrow of the U.S. government. The submission of fraudulent documents also disqualifies an alien from obtaining a visa. If classification as inadmissible is the only reason an alien would be denied a visa, he or she may be eligible for a waiver of inadmissibility, depending upon the reason he or she is inadmissible.

How Do I Apply?

Both the prospective employer and the alien must file the proper documents to support a temporary worker visa. First, the alien's prospective U.S. employer must file a petition for a nonimmigrant worker with the U.S. Citizenship and Immigration Services (USCIS). This must sometimes be accompanied by a Department of Labor certification, depending on the type of visa sought. Second, the worker must file an application for the proper temporary work visa with the U.S. embassy or consulate where he or she lives. The following documentation is required: (1) a nonimmigrant visa application; (2) a supplemental application, if the alien is either male and between the ages of 16 and 45 or, of any gender, over age 16 and from a country designated as a state sponsor of terrorism; (3) a valid passport; (4) a nonimmigrant photograph; and (5) a copy of the notice of approval of the employer's petition. All applicants must pay a nonrefundable application fee, and most applicants will be required to show that they have a residence outside the United States.

What Are the Terms of My Stay?

Often, the terms of a temporary worker visa differ based on the visa type requested by the alien. However, two of the more general terms are discussed here: family members and time limits on the alien's visit. This information applies to most of the temporary worker visa types, but an alien should read about the specific visa type in which he or she is interested to see if the requirements differ for that category.

Family Members

Except for cultural exchange visa holders, the spouses and minor, unmarried children of temporary workers may travel to the United States with the worker alien. However, the worker must show that he can support his family, and the family members are not eligible to work in the United States.

Time Limits and Extensions of Stay

Each of the temporary worker visa categories prescribes an initial period the worker may stay, typically one to three years, and extensions are available for most of the categories. After the defined period is over, the alien must leave the United States, and he or she must stay outside the United States for a defined period of time before he or she is once again eligible for temporary worker status.

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