Houston Temporary Work Status Lawyer

There are a variety of instances in which a foreign born citizen may wish to come to the United States temporarily. Many times, it is to work. In this case, he or she would need a ‘visa’ – this is the permit required by the United States to enter the country lawfully. For work, whether temporary or permanent, one would have to specify in detail the nature of their work, the length of their stay, and the type of visa which will be required.

NONIMMIGRANT ADMISSIONS (i-94 ONLY) BY REGION AND COUNTRY OF CITIZENSHIP (2005-2014)

Source: 2014 Yearbook of Immigration Statistics

WHAT DOES A TEMPORARY WORK VISA DO?

A visa is a permit to apply to enter the United States. A non-immigrant visa is given to someone who lives in another country and wishes to come temporarily to the United States for a specific purpose. Non-immigrant visas are given to people such as tourists, business people, students, temporary workers, and diplomats. Foreign citizens must apply for a visa at an American embassy or consulate abroad, when desiring to travel to the United States. A consular officer decides whether the traveler is qualified for a visa.

The visa classifies whether the visit as business, tourism, etc. Each visa classification has its own requirements regarding how long a person can stay in the U.S. and what activities (eg. work, study, perform) are allowed. The visa is usually valid for multiple visits to the United States during a specified period of time. Some nonimmigrant visa categories require that the foreign national apply for the visa directly with the U.S. Consulate or Embassy abroad. Other visa categories require that a petition first be filed by the foreign national or his employer and approved by the Department of Homeland Security’s US Citizenship and Immigration Services (USCIS).

The visa allows a foreign citizen to travel to a port-of-entry in the United States, such as an international airport, a seaport or a land border crossing. At the port-of-entry, an officer of the Department of Homeland Security (DHS) decides whether to allow him to enter and how long he can stay. An Arrival/Departure Record (Form I-94) is created by the DHS officer when the traveler is inspected upon arrival in the United States. It is sometimes possible for someone who is in the U.S. in one non-immigrant visa category to change to a different one. This is called an “exchange of status” and requires that an application be filed and approved by USCIS.

TEMPORARY U.S. WORK VISAS

Below is a listing of some of the common temporary U.S. visa classifications and links to detailed information provided by the U.S. Department of State and U.S. Citizenship and Immigration Services. FosterQuan is not responsible for the content of the articles. Changes in immigration laws and policies occur frequently and the articles may not be immediately updated.

  • CW-1: CNMI-Only Transitional Worker – This allows an employer to employ foreign (nonimmigrant) workers who are otherwise ineligible to work under other nonimmigrant worker categories, so long as they have already considered all available U.S. workers.
  • H-1B Specialty Occupations and Fashion Models – Workers who are performing services in a specialty occupation, services of exceptional merit and ability relating to a Department of Defense (DOD) cooperative research and development project, or services as a fashion model of distinguished merit or ability.
  • H-1C Registered Nurse – The H-1C nonimmigrant temporary worker classification is for foreign nurses coming to the United States temporarily to perform services as a registered nurse in a health professional shortage area as determined by the Department of Labor (DOL).
  • H-2A Temporary Agricultural Workers – Usually just for seasonal work, and they can only be from the approved list of designated countries.
  • H-3 Training or Special Education Visitor – The training would be in a field that is not medical, and not available in their home country. Or they could participate in a program which teaches how to educate children with emotional, physical or intellectual needs.
  • L-1A Intracompany Transferee Executive or Manager – This allows a company to transfer one of its foreign managers or executives from that country’s branch to one in the U.S. This person must have been employed with the company for at least one continuous year.
  • O-1 Individuals with Extraordinary Ability or Achievement – This would be given to a person with extraordinary ability or achievement in the sciences, arts, education, business, athletics, or extraordinary recognized achievements in the motion picture and television fields.
  • P-1 Internationally Recognized Athlete or Entertainment Group – For athletes, this would apply for an event such as the Olympics. For an artist or group, this would be for a foreign citizen coming to the U.S. to perform, if this performance is done through a reciprocal exchange program between an organization in the United States and an organization in another country.
  • Q Cultural Exchange – This nonimmigrant exchange program provides practical training and employment, and the person would share history, culture and traditions of their home country.

Clearly there are many ways for a person to apply for nonimmigrant temporary work status, but they would have to prove that whichever designation they are seeking strictly applies to them.

FOREIGN BORN WORKER STATISTICS

Foreign born workers – which includes refugees, legally and illegally admitted immigrants as well as those granted temporary visa status – comprise almost 17 percent of the U.S. workforce. Hispanics account for 49 percent of it, and the median weekly earnings were $687, compared to $817 for the native born counterpart.

Foreign workers were about twice as likely to work in fields such as the service industry, production, transportation, construction or maintenance. The disparity was greatest when it came to women working in the service industry. Approximately 32 percent of foreign born women worked here, while only 19 percent of native born women said the same.

Filing for a temporary work visa necessitates a lot of paperwork, and can be a long and confusing legal process. If you or someone you love needs an immigration lawyer, the Law Office of David A. Breston is experienced in handling all immigration procedures, and can help you through every step of being accepted into the country. Call (713) 224-4040 today for a free consultation.