How to Apply for U.S Temporary Worker Visa for Immigrants

U.S. Temporary Worker Visa for Immigrants– According to the U.S. government, effective February 19, 2016, any person seeking to enter the United States to perform temporary agricultural work now must present a valid passport and a valid H-2A visa to be admitted to the United States. This includes British, French, and Netherlands nationals and nationals of Barbados, Grenada, Jamaica, or Trinidad and Tobago who were previously exempt from this requirement. This visa requirement also extends to any spouse or child who may wish to accompany or follow the H-2A agricultural worker to the United States.

Generally, a citizen of a foreign country who wishes to enter the United States must first obtain a visa, either a nonimmigrant visa for a temporary stay or an immigrant visa for permanent residence. Temporary worker visas are for persons who want to enter the United States for employment lasting a fixed period and are not considered permanent or indefinite. Each of these visas requires the prospective employer to first file a petition with U.S. Citizenship and Immigration Services (USCIS). An approved petition is required to apply for a work visa.

U.S Temporary Worker Visa for immigrants categories

Visa category	General Description – About an individual in this category:
H-1B: Person in Specialty Occupation	To work in a specialty occupation. Requires a higher education degree or its equivalent. Includes fashion models of distinguished merit and ability and government-to-government research and development, or co-production projects administered by the Department of Defense.
H-1B1: Free Trade Agreement (FTA) Professional – Chile, Singapore to	To work in a specialty occupation. Requires a post-secondary degree involving at least four years of study in the field of specialization. (Note: This is not a petition-based visa. For application procedures, please refer to the website for the U.S. Embassy in Chile or the U.S. Embassy in Singapore.)
H-2A: Temporary Agricultural Worker	For temporary or seasonal agricultural work. Limited to citizens or nationals of designated countries, with limited exceptions, if determined to be in the United States interest.
H-2B: Temporary Non-agricultural Worker	For temporary or seasonal non-agricultural work. Limited to citizens or nationals of designated countries, with limited exceptions, if determined to be in the United States interest.
H-3: Trainee or Special Education visitor	To receive training, other than graduate medical or academic, that is not available in the trainee’s home country or practical training programs in the education of children with mental, physical, or emotional disabilities.
L: Intracompany Transferee	To works at a branch, parent, affiliate, or subsidiary of the current employer in a managerial or executive capacity, or a position requiring specialized knowledge. Individuals must have been employed by the same employer abroad continuously for 1 year within the three preceding years.
O: Individual with Extraordinary Ability or Achievement	For persons with extraordinary ability or achievement in the sciences, arts, education, business, athletics, or extraordinarily recognized achievements in the motion picture and television fields, demonstrated by sustained national or international acclaim, to work in their field of expertise. Includes persons providing essential services in support of the above individual.
P-1: Individual or Team Athlete, or Member of an Entertainment Group	To perform at a specific athletic competition as an athlete or as a member of an entertainment group. Requires an internationally recognized level of sustained performance. Includes persons providing essential services in support of the above individual.
P-2: Artist or Entertainer (Individual or Group)	For performance under a reciprocal exchange program between an organization in the United States and an organization in another country. Includes persons providing essential services in support of the above individual.
P-3: Artist or Entertainer (Individual or Group)	To perform, teach, or coach under a program that is culturally unique or a traditional ethnic, folk, cultural, musical, theatrical, or artistic performance or presentation. Includes persons providing essential services in support of the above individual.
Q-1: Participant in an International Cultural Exchange Program for	For practical training and employment and for sharing of the history, culture, and traditions of your home country through participation in an international cultural exchange program.

Labor Certification

Some temporary worker visa categories require your prospective employer to obtain a labor certification or other approval from the Department of Labor on your behalf before filing the Petition for a Nonimmigrant Worker, Form I-129, with USCIS. Your prospective employer should review the Instructions for Form I-129 on the USCIS website to determine whether labor certification is required for you.

Petition Approval

Some temporary worker categories are limited in the total number of petitions which can be approved every year. Before you can apply for a temporary worker visa at a U.S. Embassy or Consulate, a Petition for a Nonimmigrant Worker, Form I-129, must be filed on your behalf by a prospective employer and approved by USCIS. For more information about the petition process, eligibility requirements by visa category, and numerical limits, if applicable, see Working in the U.S. and Temporary (Nonimmigrant) Workers on the USCIS website. Once the petition is approved, USCIS will send your prospective employer a Notice of Action, Form I-797.

NOTE: Effective immediately, U.S. Embassies and Consulates will adjudicate visa applications that are based on same-sex marriage in the same way that we adjudicate applications for opposite-gender spouses. Please reference the specific guidance on the visa category for which you are applying for more details on the documentation required for derivative spouses.

How to Apply

After USCIS approves the Petition for a Nonimmigrant Worker (Form I-129), you may apply for a visa. There are several steps in the visa application process. The order of these steps and how you complete them may vary at the U.S. Embassy or Consulate where you apply. Please consult the instructions available on the embassy or consulate website where you will apply.

Complete The Online Visa Application

Online Nonimmigrant Visa Application, Form DS-160 – Learn more about completing the DS-160. You must: 1) complete the online visa application and 2) print the application form confirmation page to bring to your interview.
Photo –You will upload your photo while completing the online Form DS-160. Your photo must be in the format explained in the Photograph Requirements.

Schedule an Interview

While interviews are generally not required for applicants of certain ages outlined below, consular officers have the discretion to require an interview of any applicant, regardless of age.

If you are age:	Then an interview is:
13 and younger generally	Generally, not required
14 – 79	Required (some exceptions generally
80 and older generally	Generally not required

You must schedule an appointment for your visa interview, generally, at the U.S. Embassy or Consulate in the country where you live. You may schedule your interview at any U.S. Embassy or Consulate, but be aware that it may be difficult to qualify for a visa outside of your place of permanent residence.

Wait times for interview appointments vary by location, season, and visa category, so you should apply for your visa early. Review the interview wait time for the location where you will apply:

Appointment Wait Time

Check the estimated wait time for a nonimmigrant visa interview appointment at a U.S. Embassy or Consulate.

Note: Please check the individual Embassy or Consulate website to determine if your case is eligible for a waiver of the in-person interview.

Applicants scheduling visa appointments in a location different from their place of residence should check post websites for nonresident wait times.

Select a U.S. Embassy or Consulate:

Visa Wait Times
Nonimmigrant Visa Type	Appointment Wait Time
Interview Required Students/Exchange Visitors (F, M, J)	— days
Interview Required Petition-Based Temporary Workers (H, L, O, P, Q)	— days
Interview Required Crew and Transit (C, D, C1/D)	— days
Interview Required Visitors (B1/B2)	— days
Interview Waiver Students/Exchange Visitors (F, M, J)	— days
Interview Waiver Petition-Based Temporary Workers (H, L, O, P, Q)	— days
Interview Waiver Crew and Transit (C, D, C1/D)	— days
Interview Waiver Visitors (B1/B2)	— days

You will need to provide the receipt number that is printed on your approved Petition for a Nonimmigrant Worker, Form I-129, or Notice of Action, Form I-797, to schedule an interview.

Prepare for your Interview

Fees – Pay the non-refundable visa application fee, if you are required to pay it before your interview. When your visa is approved, you may also pay a visa issuance fee, if applicable to your nationality. Fee information is provided below:

$190

Review the instructions available on the website of the embassy or consulate where you will apply to learn more about fee payment.
L visa applicants included in an L blanket petition: You must also pay the Fraud Prevention and Detection fee and may need to pay the Border Security Act fee. Select All Fees to learn more.

Required Documents for U.S Temporary Worker Visa

Gather and prepare the following required documents before your visa interview:

Passport valid for travel to the United States – Your passport must be valid for at least six months beyond your period of stay in the United States (unless exempt by country-specific agreements). If more than one person is included in your passport, each person who needs a visa must submit a separate application.
Nonimmigrant Visa Application, Form DS-160 confirmation page.
Application fee payment receipt, if you are required to pay before your interview.
Photo – You will upload your photo while completing the online Form DS-160. If the photo upload fails, you must bring one printed photo in the format explained in the Photograph Requirements.
Receipt Number for your approved petition as it appears on your Petition for a Nonimmigrant Worker, Form I-129, or Notice of Action, Form I-797, from USCIS.
L Visa Applicants – If you are included in an L blanket petition, you must bring Form I-129S, Nonimmigrant Petition Based on Blanket L Petition, to your interview.

Additional Documentation May Be Required

Review the instructions on how to apply for a U.S. temporary worker visa on the website of the embassy or consulate where you will apply. Additional documents may be requested to establish if you are qualified.

All visa applicants, except H-1B and L, will generally need to show proof of compelling ties to their home country to demonstrate their intent to return after their temporary stay in the United States. Examples of compelling ties include:

A residence abroad that you do not intend to abandon
Your family relationships
Your economic situation
Your long-term plans

Attend your Visa Interview

During your visa interview, a consular officer will determine whether you are qualified to receive a visa, and if so, which visa category is appropriate based on your purpose of travel. You will need to establish that you meet the requirements under U.S. law to receive the category of visa for which you are applying.

Ink-free, digital fingerprint scans will be taken as part of your application process. They are usually taken during your interview, but this varies based on location.

Entering the United States

A visa allows a foreign citizen to travel to a U.S. port-of-entry (generally an airport) and request permission to enter the United States. A visa does not guarantee entry into the United States. The Department of Homeland Security (DHS), and U.S. Customs and Border Protection (CBP) officials at the port of entry have had the authority to permit or deny admission to the United States. If you are allowed to enter the United States, the CBP official will provide an admission stamp or paper Form I-94, Arrival/Departure Record. Learn more about admissions and entry requirements, restrictions about bringing food, agricultural products, and other restricted/prohibited goods, and more by reviewing the CBP website.

Extending Your Stay

See Extend Your Stay on the U.S. Citizenship and Immigration Services (USCIS) website to learn about requesting to extend your stay beyond the date indicated on your admission stamp or paper Form I-94.

You must depart the United States on or before the date indicated on your admission stamp or paper Form I-94 unless your request to extend your stay is approved by USCIS.

Failure to depart the United States on time will result in you being out of status. Under U.S. law, visas of travelers who are out of status are automatically voided (Section 222(g) of the Immigration and Nationality Act). If you had a multiple-entry visa and it was voided due to you being out of status, it will not be valid for future entries into the United States.

Failure to depart the United States on time may also result in you being ineligible for visas you may apply for in the future. Review Visa Denials and Ineligibilities and Waivers: Laws to learn more.

Change of Status

While in the United States, you may be able to request that U.S. Citizenship and Immigration Services (USCIS) change your nonimmigrant status to another nonimmigrant category. See Change My Nonimmigrant Status on the USCIS website to learn more.

Requesting a change of status from USCIS while you are in the United States and before your authorized stay expires does not require that you apply for a new visa. However, if you cannot remain in the United States while USCIS processes your change of status request, you must apply for a visa at a U.S. Embassy or Consulate.

Additional Information

The approval of a petition does not guarantee that you will be issued a visa. Do not make final travel plans or buy tickets until you have a visa.
Spouse and Children –
- except for Cultural Exchange Visitor Q-1 visa applicants, your spouse and unmarried, minor children may also apply for the same visa category as you to accompany or join you. You must be able to show that you will be able to financially support your family in the United States.
- For information about employment and study, review Temporary Workers information and Employment Authorization on the USCIS website.
Unless canceled or revoked, a visa is valid until its expiration date. Therefore, a valid U.S. visa in an expired passport is still valid. If you have a valid visa in your expired passport, do not remove it from your expired passport. You may use your valid visa in your expired passport along with a new valid passport for travel and admission to the United States.

CONCLUSION

Whether you are applying for the first time or renewing your visa, you will use the same application process (please review How to Apply, above). Some applicants seeking to renew their visas in certain visa classes may be eligible for the Interview Waiver Program (IWP) which allows qualified individuals to apply for visa renewals without being interviewed in person by a U.S. consular officer. Review the instructions on the website of the U.S. Embassy or Consulate where you will apply to determine if the IWP is available and if you qualify.