Temporary Work Visas for Foreign Workers
Companies can sponsor foreign workers to come work in the U.S. for different reasons. For example, foreign workers with an H-1B temporary work visa can remain legally in the U.S. while working for an employer for three years. An H-1B foreign worker can obtain extensions for a maximum of six years, unless she has already applied for legal permanent residency (a green card).
These are some common temporary work visa categories that permit temporary employment of a foreign worker:
- E-Status – a foreign worker is from a qualifying treaty country and is coming to the United States temporarily to work by engaging in trade or investment.
- E-1 Status – Owners, managers and employees who are foreign workers coming to the U.S. for the purpose of conducting trade between the U.S. and a foreign country. Trade includes exchange of goods or services and is not limited to exchange of tangible items. Examples of qualifying services are: advertising, accounting, data processing, engineering and design, business consulting and law firm services. The initial period of stay is two years, but can be extended for an indefinite period.
- E-2 Status – Owners, managers and employees whose purpose in coming to work is supervising a major business investment in the U.S. An E-2 foreign worker must have a key role in a business that has made an actual, substantial and irrevocable investment of funds in the U.S. and that will create work opportunities for Americans. The initial temporary period of stay for this work visa is two years, but it can be extended for an indefinite period. This is a good temporary work visa for a foreign worker who is investing in an existing company.
- H Status–– Professionals with equivalent to a bachelor’s degree. The worker must be an employee and not an owner of the company. H status is generally valid for an initial term of three (3) years and can be extended for an additional three (3) years. After that, additional extensions are possible with a pending case for legal permanent residency. The worker may change employers while maintain this status. This status allows the U.S. company to hire the foreign national relatively quickly.
- H-1B – who must have a bachelor’s degree or equivalent.
- H-2B – a worker coming to work on an as needed basis (either one-time basis or peak-load need)
- I Status – temporary work visa for a representative of foreign media.
- L Status – Managers and executives of a multinational company, who were already employed with same entity, parent company or subsidiary while abroad for at least one year. The maximum initial period of stay for this temporary work visa is three (3) years and may reach a maximum of seven (7) years. This is for the foreign company wishing to bring an employee temporarily to open a U.S. branch who will hire other people to work in the first year, or for the foreign company wishing to acquire U.S. businesses.
- O Status – foreign workers with extraordinary ability in science, education, business and athletics; famous or well recognized in the field of arts; or who have accomplished an extraordinary achievement in the film or television industry. The “arts” can include many creative activities, like culinary art. The initial period for this temporary work visa is usually the time period needed to complete the work, project or performance that the foreign national was admitted for. This period could be up to three (3) years. Also, one (1) year extensions are available as needed to ensure completion of the activities.
- P Status – performers, athletes and entertainers including those entering the United States to work (perform, teach or coach) in a culturally unique program.
- Q Status – foreign workers participating in a cultural exchange program to share the traditions of their country with the American public.
- R Status – foreign worker in a religious occupation or vocation who has been a member of the religious denomination for two (2) years or more prior to applying.
Other categories, depending on the purpose and length of stay, include:
- B2 Status – business visitor
- J1 Status – exchange visitor
- F and M Status – people who are not coming to work, but for temporary admission to complete academic or vocational studies
Among the most popular options are the H1-B, L and E categories. The L and E temporary work visa categories are popular because they allow the foreign worker’s spouse to work legally for any U.S. employer. Of course, the principal foreign worker must work for the petitioning company. Because each category has its pros and cons, consulting an immigration attorney is vital to ensure the foreign workers get the best possible temporary work visa based on their qualifications. |
