Types of Temporary Worker Visas

Temporary work visas allow foreign nationals with valuable skills and knowledge to come to the US on nonimmigrant visas for temporary employment. Below is a listing of some of the types of temporary work visas available to foreign nationals. For more information on hiring temporary foreign workers, contact an immigration attorney at our firm today.

H-1B: Specialty (Professional) Workers

The H-1B program allows US employers to hire foreign workers to fulfill certain specialty occupations for a limited amount of time. The occupation must require some degree of theoretical or practical application of specialized knowledge. It also requires a bachelor's degree or other advanced education degree. Currently, the US government limits the number of H-1B visas issued each fiscal year to 65,000.

H-1C: Nurses in Disadvantaged Areas

The H-1C program allows hospitals in underserved areas to hire foreign nurses to help offset the shortage of qualified nurses. The foreign nurses may remain at the position for up to three years. The program currently has been authorized to continue through December 2009. Should the program be allowed to expire, hospitals may seek additional foreign nurses by sponsoring them for full-time, permanent employment or by using the H-1B program for professional workers.

H-2A: Certification for Temporary or Seasonal Agricultural Work

H-2A visas can be used by agricultural employers who anticipate a shortage of US workers for the upcoming season to hire foreign workers to fulfill the positions. The positions must be of a "temporary or seasonal" nature, which means the employment must be less than one year in length or during certain times of year, such as planting or harvesting season.

H-2B: Temporary Labor Certification (Non-agricultural)

The H-2B nonimmigrant program allows employers to hire foreign workers to perform temporary nonagricultural work. The Department of Labor defines this type of work as being on a "one-time, seasonal, peak load or intermittent basis." Part-time employment is not eligible - the job must be full-time for the temporary period. Currently, the cap for H-2B visas is 66,000 per year.

L-1: Intracompany Transferees

L-1 visas allow for intracompany transfers of foreign executives, managers or employees with specialized knowledge to a branch, parent, subsidiary or affiliate of the same company located in the US. Those applying for a L-1 visa must have been employed continuously by the company for at least one year out of the previous three years, and must work in a managerial or executive capacity, or position that requires specialized knowledge.

Conclusion

Once an employer has determined the proper category of temporary work visa for a prospective temporary foreign worker, the process has only just begun. The employer may have to file for a labor certification with the US Department of Labor and petition the US Citizenship and Immigration Services office before a temporary worker can be employed. This process can be time-consuming and difficult to understand without the proper guidance. For experienced assistance in filing for temporary work visas, contact our firm today.

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