TEMPORARY WORK VISA
Every year, thousands of foreign workers immigrate to the United States to work in a variety of industries. Considering the persistent labor shortages in the US labor market, the immigration of these temporary foreign workers has provided a steady backbone to the US economy, remarkably leading to its growth and upswing. The Temporary Work Visa, issued as part of US temporary foreign worker programs, enables these workers to enter the United States to work for a US employer. Typically classified as non-immigrant visas, they welcome thousands of international migrants to combat severe labor shortages.
WHY WERE THE TEMPORARY FOREIGN WORKER PROGRAMS STARTED?
The temporary foreign worker programs began as an effective and constructive solution to the problem of severe labor shortages in the US labor market during World War 1 and World War 2. These programs were designed with the prime intention of drawing thousands of agricultural laborers, especially from Mexico.
After the year of 1952 however, the government decided to regulate these temporary foreign worker programs, consolidating them into the Immigration and Nationality Act (INA). It was this Act which had introduced the H1 and H2 visas respectively, setting a precursor to the H-1B visa that was formally established in the year of 1990.
WHAT IS A TEMPORARY WORK VISA?
Generally speaking, a foreign national who wishes to enter the United States must possess a visa that allows them to visit the country. This visit, however, could be through a non-immigrant visa or an immigrant visa, based on whether the individual intends to acquire a permanent residence or visit for a temporary stay.
The Temporary Work Visas, therefore, are for those foreigners seeking entry into the United States for purposes of employment for a predetermined length of time. These visas require the petition with US Citizenship and Immigration Services (USCIS) from an employer. The work visa is only issued when this petition has been approved by the US Citizenship and Immigration Services (USCIS).
TYPES OF TEMPORARY WORK VISAS:
There is a wide range of Temporary Work Visas for foreign nationals wanting to work in the United States. These visas are for those foreign nationals who want to enter the country with the intention of working there for a set period of time. The prospective employer must submit a petition for these visas to the US Citizenship and Immigration Services (USCIS). It is only when this petition has been authorized by US Citizenship and Immigration Services (USCIS), that the visa is granted to the applicant.
Given below is a detailed description of the wide range of temporary work visas available to the workers:
This visa enables individuals to work in a speciality occupation. Individuals opting for this visa are required to have a higher education degree or its equivalent. Most graduate-level employment opportunities that demand technical or theoretical skills classify as speciality occupations. Fields including architecture, engineering, mathematics, social and physical sciences, medicine and health, education, business specialities, accounting, law, theology, and the arts may all fall under the category of H-1B speciality jobs.
The P-2 Visa is issued to artists and groups of entertainers who are participating members of an exchange program with the United States. This travel document, thus, allows them to perform in the US for a specific event or competition. P-2 Visa holders can also take part in part-time study programs during their stay in the US.
Those who qualify for the O-2 Visa demonstrate extraordinary abilities in the field of sciences, art, education, business, or athletics or someone who has shown extraordinary achievement in the television industry and has earned international or national recognition for the same. Around 80-95% of O-1 Visa applicants are US Citizenship and Immigration Services (USCIS)-approved every year.
TEMPORARY WORK VISA REQUIREMENTS:
If you are interested in obtaining a Temporary Work Visa, you must make sure to fulfill certain preconditions before applying for it. Your application stands a chance of rejection by the Embassy if you fail to meet the below-mentioned eligibility conditions:
Have a valid employment offer from the US:
It counts as a must to have been accepted for a job position in the US that you have applied to in order to stand eligible for a US Work Visa. This is so because the United States requires the employer to submit the necessary documents before you begin with your visa application.
US Citizenship and Immigration Services (USCIS)-approved petition:
Before the candidate applies for a US Work Visa, the employer is required to file a petition for the non-immigrant worker with the USCIS. This petition serves as the most important document required to get a work visa. Candidates can only apply for the visa when the petition has been approved by the USCIS.
Labor Certification Approval by the Department of Labour (DOL):
In some cases, work visas require the employer to receive a certification from the Department of Labor (DOL). The employer is required to apply for the DOL on behalf of the foreign worker even before filing the petition with USCIS. This certification serves as proof that US employers are in genuine need of foreign workers, as those positions cannot be filled by US employees. This certification also testifies that the recruitment of a foreign employee has no detrimental effects on the US labor market.
HOW TO GET A TEMPORARY WORK VISA FOR THE USA?
After your petition has been approved by the US Citizenship and Immigration Services (USCIS), you become eligible to apply for a Temporary Work Visa. The procedure for applying for a visa entails multiple phases mentioned below. You must ensure to follow all the mentioned instructions in the correct order, as failure to do so might lead your application to get rejected by the Embassy.
STEP 1
Fill out the online application form.
All applicants are required to fill out the visa application form available online, and take a print out of the confirmation page which must be presented during the interview. Furthermore, the applicants must upload their photograph meeting all the requirements.
STEP 2
Schedule an interview.
Applicants require the receipt number printed on the approved petition that had been filed by the prospective employer on behalf of the worker. Visa interviews must be scheduled with the US Embassy situated in the country of origin of the applicant. It is advisable to apply for your visa ahead of time, so as to avoid delays and wait times.
STEP 3
Prepare for your interview.
Applicants must pay the non-refundable application fee. In most cases, an additional application fee is also required to be paid as part of the issuance of the visa, after approval from the USCIS.
DOCUMENTS CHECKLIST
Before attending the visa interview, all applicants must gather the following required documents:
- Valid passport, which retains its validity for at least six months.
- Duly filled Non-immmigrant visa application, and a printout of Form DS-160 confirmation page.
- Payment receipt of the application fee.
- Photograph.
- Receipt number, as shown in the approved petition.
WHY ALWAYS CONSIDER BASICS OF IMMIGRATION?
- Expert Visa counselors provide Step-by-step guidance through a secure, online process.
- Apt evaluation of credentials and faster visa processing.
- Identifying all potential hazards and roadblocks in securing a visa.
- Assistance with documentation, immigration rules, citizenship, and border control procedures.
- Multiple case assessment for better conflict resolution.
- Designated process managers to provide personalized guidance.
Just like the basics of anything act as “building blocks” forming a strong foundation for constructing complex structures. The Basics of Immigration serve as the foundational elements of moving abroad, for any aspiring immigrant.