Temporary Work Visa Lawyer in San Francisco
Any individual who is a citizen of another country and wishes to live or work in the U.S. must obtain either an immigrant or nonimmigrant visa, depending on how long they wish to stay in the country. Temporary work visas are meant for those who are planning on entering the United States for a fixed period of time for a job. These temporary visas require the employer to file a petition with the USCIS. Once this petition is approved, the visa may be obtained by the non-citizen worker.
To learn if you are eligible, contact Harrison Law Office, P.C. for a free consultation.
Categories of Temporary Work Visas
Depending on your proposed work, you may be eligible for one of a variety of temporary work visas. These include:
- H-1B for Person in Specialty Occupations: This category of visa requires the applicant to have a bachelor’s degree, its equivalent, or have distinguished merit in their particular field. Workers that generally qualify for H-1B visas include, but are not limited to, those in the science, computer, or engineering fields.
- H-1B1, Free Trade Agreement (FTA) Professional from Chile or Singapore: As with the H-1B visa, this category also applies to those in specialty occupations. It generally requires that a worker holds a bachelor’s degree or its equivalent. The H-1B1 visa is limited to 5,400 Singapore nationals and 1,400 nations of Chile. It is also limited to jobs lasting for up to one year, although it can be extended up to two times.
- H-2A for Temporary Agricultural Workers: This visa is specifically for those looking for seasonal farm work. It is limited to citizens of specific countries, with some exceptions.
- H-2B for Temporary Non Agricultural Workers: The H-2B visa is like the H-2A visa, but is meant for those seeking seasonal work not in the agricultural industry. This category is similarly limited to specific countries, with some exceptions, if it is deemed that granting the visa would be in the best interest of the U.S.
- H-3 for Trainees or Special Education Visitors: This visa category is for those seeking training to teach children with disabilities that is not available in their country of origin. It does not apply to those seeking academic or medical training.
- L-1A for Intracompany Transferees Working in Managerial or Executive Positions: The L-1A visa allows a U.S. employer to transfer a manager or executive from an affiliated foreign office to a U.S. office. This visa also enables a foreign company with no affiliated U.S. office to send an executive or manager to the U.S. to establish a U.S. office. For someone to qualify for this visa, generally they must have been working for a qualifying organization abroad for one continuous year within the three years immediately before entering the U.S. and seek to continue the executive/managerial role in the U.S. Executive capacity generally refers to having the ability to make a wide range of decisions without much oversight. Managerial capacity generally refers to the ability to supervise and control the work of professional employees and to manage departments or functions of the organization. Managerial also may refer to the ability to manage an essential function of the organization at a high level, without direct supervision of others.
- L-1B Visa for Intracompany Transferees with Specialized Knowledge: The L-1B visa allows a U.S. employer to transfer a professional employee with specialized knowledge from one of its affiliated foreign offices to one of its U.S. offices. This visa also allows a foreign company, which does not yet have an affiliated U.S. office, to send a specialized-knowledge employee to establish a U.S. office. To qualify, the employee must continue in a position using the specialized knowledge. They also have been working for a qualifying organization abroad for one continuous year within the three years immediately before entering the U.S. Specialized knowledge means knowledge about the petitioning organization’s product, service, research, equipment, techniques, management, or other interests and its application in international markets. Specialized knowledge also can mean an advanced level of knowledge or expertise in the organization’s processes and procedures.
- Visas for Individuals with Extraordinary Ability or Achievement: O visas are for those who have recognized achievements and/or extraordinary abilities in the sciences, education, the arts, business, motion pictures, or television production, and those who support such individuals.
- P-1 for Athletes, Athletic Teams, or Members of an Entertainment Group: This visa is for those seeking to participate in a competition in the U.S. as an athlete or as part of an entertainment group. Those seeking this visa category should be internationally recognized in their field or are in a support position to provide essential service to the recognized individual.
- P-2 for Artists or Entertainers: For internationally recognized entertainers and artists who seek to perform in the U.S. as part of an exchange program with a similar program in the artists’ home country. This visa category also applies to those who provide essential support services to the entertainer or artist.
- P-3 for Individual or Group Artists or Entertainers: Like the P-2 visa category, a P-3 visa is specific to entertainers and artists who want to come to the U.S. to teach or perform a cultural or traditional play, musical composition, folk tradition, or other artistic performance, and those who provide essential service to support those performers.
- Q-1 for Participants in International Cultural Exchange Programs: For those seeking to participate in an international cultural exchange to train others or share the culture, history, and/or traditions of their home nations.
- TN Visas: Under this category, Mexican and Canadian professionals can seek temporary work in the U.S.
Assistance with the Temporary Work Visa Process
Temporary work visas have strict eligibility requirements, which is one of the many reasons working with an attorney throughout the legal process is important. Harrison Law Office, P.C. assists employers and potential employees apply for visas.