Temporary work in the U.S. offers unique opportunities for both foreign nationals and American employers. This guide provides essential information on various nonimmigrant visa classifications available for temporary workers, their dependents, and associated regulations.
Understanding Temporary Worker Visas
The U.S. Citizenship and Immigration Services (USCIS) manages various visa programs allowing foreign nationals to work in the U.S. temporarily. These programs, categorized under nonimmigrant classifications, cater to diverse skillsets and employment needs. Most require employer sponsorship through a petition filed with USCIS before the employee can apply for a visa.
Common Nonimmigrant Classifications for Temporary Workers
The table below outlines common temporary worker visa categories, their descriptions, and corresponding classifications for dependent spouses and children.
| Nonimmigrant Classification | Description | Dependent Classification |
|---|---|---|
| CW-1 | CNMI-Only Transitional Worker | CW-2 |
| E-1 | Treaty Traders and Qualified Employees | E-3 |
| E-2 | Treaty Investors and Qualified Employees | E-3 |
| E-2C | Long-Term Foreign Investors in the CNMI | E-2C |
| E-3 | Specialty Occupation Professionals from Australia | E-3 |
| H-1B | Specialty Occupation Professionals, DOD Cooperative Research & Development, Fashion Models | H-4 |
| H-1C (Expired) | Registered Nurses in Health Professional Shortage Areas | H-4 |
| H-2A | Temporary or Seasonal Agricultural Workers | H-4 |
| H-2B | Temporary Non-Agricultural Workers | H-4 |
| H-3 | Non-Medical/Academic Trainees, Special Education Exchange Visitors | H-4 |
| I | Representatives of Foreign Media | I |
| L-1A | Intracompany Transferees in Managerial/Executive Positions | L-2 |
| L-1B | Intracompany Transferees with Specialized Knowledge | L-2 |
| O-1 | Individuals with Extraordinary Ability in Sciences, Arts, Education, Business, or Athletics | O-3 |
| O-2 | Individuals Assisting O-1 Visa Holders | O-3 |
| P-1A | Internationally Recognized Athletes | P-4 |
| P-1B | Internationally Recognized Entertainers | P-4 |
| P-2 | Performers in Reciprocal Exchange Programs | P-4 |
| P-3 | Artists/Entertainers in Culturally Unique Programs | P-4 |
| Q-1 | Participants in International Cultural Exchange Programs | Not Applicable |
| R-1 | Religious Workers | R-2 |
| TN | NAFTA Professionals from Mexico and Canada | TD |
Dependent Spouses and Children
Spouses and children of temporary workers may be eligible for dependent visas, allowing them to accompany the primary visa holder to the United States. Dependent visa classifications are listed in the table above. Those seeking dependent status generally apply for visas at a U.S. consulate or, if already in the U.S., file Form I-539 to change or extend their status.
Employment Authorization for Spouses
Certain E and L dependent spouses are authorized to work in the U.S. incident to their status. As of January 30, 2022, USCIS and CBP issue Forms I-94 with specific COA codes (E-1S, E-2S, E-3S, and L-2S) indicating employment authorization. Spouses with older I-94 forms should refer to USCIS guidance for clarification on their work authorization.
Tax and Social Security Information
Temporary workers in the U.S. have tax obligations. Consult the IRS website for detailed information on taxation for nonresident aliens. Generally, only those with work authorization from DHS can apply for a Social Security number. More information is available on the Social Security Administration website.
Conclusion
Navigating the complexities of temporary work visas requires careful consideration of eligibility requirements and applicable regulations. This guide provides a starting point for understanding the different options available. Consulting an immigration attorney is recommended for specific guidance. For official information and updates, always refer to the USCIS website.
