Temporary Worker Visas
U.S. immigration system admits foreign workers with skills that are valuable to the U.S. economy. Current U.S. immigration law provides several paths for foreign workers to enter the United States for employment purposes on a temporary or permanent basis.
Under these visas, it permits employers to hire and petition for foreign nationals for specific jobs for a temporary and limited period. Most temporary workers must work for the employer that petitioned for them and have limited ability to change jobs. In most cases, they must leave the United States if their status expires or if their employment is terminated. This temporary employment-based visa categories include:
TN, Trade NAFTA Visa
A TN visa allows citizens of Canada and Mexico who work in specific professional occupations the ability to work in the U.S. Under this visa, it allows both Canadians and Mexicans to remain in the U.S. and work as long as their job falls under one the NAFTA professions. To be eligible for a TN visa, you must meet the following requirements:
- Proof of your Canadian or Mexican citizenship
- Pre-arranged full or part time job in the U.S. with a U.S. employer or a U.S. entity
- Qualifications to practice, such as a bachelor’s, license, or the equivalent
- The job falls under the list of 60 NAFTA professions
Some of the professions from the NAFA professions list includes:
Accountant – Baccalaureate or Licenciatura Degree; or C.PA, C.A., C.G.A, or C.M.A
Architect – Baccalaureate or Licenciatura Degree; or state/provincial license
Dentist –D.D.S., D.M.D., Doctor en Odontologia or Doctor en Cirugia Dental or state/provincial license.
Engineer – Baccalaureate or Licenciatura Degree; or state/provincial license
Graphic Designer – Baccalaureate or Licenciatura Degree; or post-secondary diploma or post-secondary certificate and three year’s experience
Lawyer – L.L.B., J.D., L.L.L., B.C.L., or Licenciatura degree (five years); or membership in a state/provincial bar
Psychologist –state/provincial license; or Licenciatura Degree
Research Assistant (working in a post-secondary educational institution) – Baccalaureate or Licenciatura Degree
Social Worker – Baccalaureate or Licenciatura Degree
H-1B
Certain foreign professionals in “specialty occupations.”
- There is a numerical annual limit of 65,000 per year plus 20,000 more for foreign professionals with a U.S. master’s or higher degree.
- Under this visa, spouses and children under 21, of foreign workers, may come to the US on a H-4 visa. Some spouses are allowed to work.
H-2A
Temporary agricultural workers from certain designated countries.
- There is no numerical annual limit.
Under this visa, spouses and children under 21, of foreign workers, may come to the US on a H-4 visa. Spouses are not allowed to work.
H-2B
“Seasonal” nonagricultural temporary workers.
- There is a numerical annual limit of 66,000 per year.
- Under this visa, spouses and children under 21, of foreign workers, may come to the US on a H-4 visa. Spouses are not allowed to work.
L-1A and L-1B
Certain foreign workers employed by certain entities abroad that are related to U.S. employers, whose services are being sought by their employers in the U.S.
- There is no numerical annual limit.
- Under this visa, spouses and children under 21, of foreign workers, may come to the US on a L-2 visa. Spouses are allowed to work.
