Temporary (Nonimmigrant) Workers in the United States

ByPhillip Kim

Temporary (Nonimmigrant) Workers in the United States

In order for you to come to the United States lawfully as a nonimmigrant to work

temporarily in the United States your prospective employer must generally file a

nonimmigrant petition on your behalf with USCIS1. The main nonimmigrant temporary worker classifications are listed in the table below. For more information about the filing

requirements for particular nonimmigrant classifications, Please Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
https://phillipkimlaw.com/

Spouses and Children Seeking Dependent Nonimmigrant Classification

Spouses and children who qualify for dependant nonimmigrant classification of a temporary

worker and who are outside of the United States should apply directly at a U.S. consulate

for a visa.
Application to Extend/Change

Nonimmigrant Status.

Temporary (Nonimmigrant) Worker Classification

● E-1
Treaty traders and qualified employees.
Nonimmigrant Classification for Dependant Spouses and Children of a Temporary Worker ;

E-1(3)

● E-3
Certain “specialty occupation” professionals from Australia.
Nonimmigrant Classification for Dependant Spouses and Children of a Temporary Worker ;

E-3(3)

● H-1B
Workers in a speciality occupation and the following sub-classifications:

H-1B1 – Free Trade Agreement workers in a specialty occupation from Chile and Singapore.
H-1B2 – Specialty occupations related to Department of Defense Cooperative Research

and Development projects or Co-production projects.
H-1B3 – Fashion models of distinguished merit and ability.
Nonimmigrant Classification for Dependant Spouses and Children of a Temporary Worker ;

H-4

● H-1C(2)
Registered nurses working in a health professional shortage area as determined by the

U.S. Department of Labor.
Nonimmigrant Classification for Dependant Spouses and Children of a Temporary Worker ;

H-4

● H-2A
Temporary or seasonal agricultural workers.
Nonimmigrant Classification for Dependant Spouses and Children of a Temporary Worker ;

H-4

● H-3
Trainees other than medical or academic. This classification also applies to practical

training in the education of handicapped children.
Nonimmigrant Classification for Dependant Spouses and Children of a Temporary Worker ;

H-4

● I
Representatives of foreign press, radio, film or other foreign information media.
Nonimmigrant Classification for Dependant Spouses and Children of a Temporary Worker ;

I

● L-1A
Intracompany transferees in managerial or executive positions.
Nonimmigrant Classification for Dependant Spouses and Children of a Temporary Worker ;

L-2(3)

● L-1B
Intracompany transferees in positions utilizing specialized knowledge.
Nonimmigrant Classification for Dependant Spouses and Children of a Temporary Worker ;

L-2(3)

● O-1
Persons with extraordinary ability in sciences, arts, education, business, or athletics and

motion picture or TV production.
Nonimmigrant Classification for Dependant Spouses and Children of a Temporary Worker ;

O-3

● O-2
Persons accompanying solely to assist an O-1 nonimmigrant.
Nonimmigrant Classification for Dependant Spouses and Children of a Temporary Worker ;

O-3

● P-1A
Internationally recognized athletes.
Nonimmigrant Classification for Dependant Spouses and Children of a Temporary Worker ;

P-4

● P-1B
Internationally recognized entertainers or members of internationally recognized

entertainment groups.
Nonimmigrant Classification for Dependant Spouses and Children of a Temporary Worker ;

P-4

● P-2
Individual performer or part of a group entering to perform under a reciprocal exchange

program.
Nonimmigrant Classification for Dependant Spouses and Children of a Temporary Worker ;

P-4

● P-3
Artists or entertainers, either an individual or group, to perform, teach, or coach under a

program that is culturally unique.
Nonimmigrant Classification for Dependant Spouses and Children of a Temporary Worker

; P-4

● Q-1
Persons participating in an international cultural exchange program for the purpose of

providing practical training, employment, and to share the history, culture, and traditions of

the alien’s home country.
Nonimmigrant Classification for Dependant Spouses and Children of a Temporary Worker ;

Not Applicable(4)

● R-1
Religious workers.
Nonimmigrant Classification for Dependant Spouses and Children of a Temporary Worker

; R-2

● TN
North American Free Trade Agreement (NAFTA) temporary professionals from Mexico and

Canada.
Nonimmigrant Classification for Dependant Spouses and Children of a Temporary Worker ;

TD

1. Only a few nonimmigrant classifications allow you to obtain permission work in this

country without an employer having first filed a petition on your behalf. Such classifications

include the nonimmigrant E-1, E-2, E-3 and TN classifications, as well as, in certain

instances, the F-1 and M-1 student and J-1 exchange visitor classifications.

2. The H-1C nonimmigrant classification is scheduled to expire on December 20, 2009.

3. E and L dependent spouses may apply for employment authorization.

4. Though the Immigration and Nationality Act (INA) does not provide a specific

nonimmigrant classification for dependents of Q-1 nonimmigrants, this does not preclude

the spouse or child of a Q-1 from entering the U.S. in another nonimmigrant classification.

For More Information, Please Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
https://phillipkimlaw.com/

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