NONIMMIGRANT VISAS

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Temporary Workers

As a prospective temporary worker or employer, sponsor or agent of a temporary worker, you must consider certain information and complete some extra steps before and when you apply for a visa. Please allow for these extra steps when making plans to undertake temporary work in the U.S. or when assisting someone to do so. Below are the extra steps and links to more information.

Before you apply for a visa

A. Your employer, sponsor or agent must file an I-129 petition with U.S. Citizenship and Immigration Services (USCIS) on your behalf. File an I-129 petition as soon as possible, but no more than 6 months before the proposed employment will begin or the extension of stay is required. For full information on filing an I-129 petition, visit the USCIS website. Your employer can opt for the Premium Processing Service

B. If you are an applicant for an H-1 visa, your employer must file a Form ETA-9035E, Labor Condition Application (LCA) with the U.S. Department of Labor's Employment and Training Administration (ETA) and obtain certification of the filed LCA. To file a LCA an employer must visit the Department of Labor's LCA website

C. Consider the visa interview appointment and visa processing wait times when you plan your application for a visa

When you apply for a visa

A. Apply early for a visa. You should apply as soon as you have an approved petition, as indicated by receipt of a Form I-797, Notice of Approval

B. If you plan to engage in technology-related business or research while in the U.S., a set of specific documents should accompany your visa application. Your application also may require additional administrative processing. For more details, click here

Further Information

First read the locally provided information about the visa application process, and then if you still have questions or just want more information, please use the following resources:

• USCIS: Temporary Workers
• U.S. Dept. of State: Temporary Workers

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