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How Do I Qualify for a Temporary Work Visa? –
There are a number of types of visas which allow you to be employed in the U.S. What follows is a short list of some of the most common types of temporary work visas:
Treaty traders (E-1) – If you are an owner or a key employee of a business which conducts a substantial volume of trade between the U.S. and your country of citizenship, you may be entitled to prosecutorial discretion and be found eligible for E-1 status.
To qualify, your country must have an appropriate treaty with the U.S. Countries which have E-1 treaties with the U.S. include Argentina, Australia, Austria, Belgium, Bolivia, Brunei, Canada, China (Taiwan), Colombia, Costa Rica, Denmark, Estonia, Ethiopia, Finland, France, Germany, Greece, Honduras, Iran, Ireland, Israel, Italy, Japan, Korea, Latvia, Liberia, Luxembourg, Mexico, Netherlands, Norway, Oman, Pakistan, Philippines, Spain, Suriname, Sweden, Switzerland, Thailand, Togo, Turkey, United Kingdom and Yugoslavia.
Treaty investors (E-2) – If you are an owner or a key employee of a company where a substantial amount of capital has been invested in the U.S. and jobs have been created for U.S. workers, you may be eligible for E-2 status.
To qualify, your country must have an appropriate treaty with the U.S. Countries which have E-2 treaties with the U.S. include Argentina, Armenia, Australia, Austria, Bangladesh, Belgium, Bosnia-Herzegovina, Bulgaria, Cameroon, Canada, China (Taiwan), Colombia, the Congo, the Czech Republic, Ecuador, Ireland, Italy, Japan, Kazakhstan, Korea, Kyrgyzstan, Liberia, Luxembourg, Mexico, Morocco, Moldovia, Netherlands, Norway, Oman, Pakistan, Panama, Philippines, Poland, Romania, Senegal, Slovakia, Spain, Sri Lanka, Suriname, Sweden, Switzerland, Thailand, Togo, Tunisia, Turkey, United Kingdom, Yugoslavia and Zaire. A number of other E-2 treaties have been signed, but are awaiting ratification by either the U.S. or the other country involved.
In order to present your “Application for a temporary Worker Visa” you must be eligible.
You must first have a job offer from an American employer for duties to be performed in the U.S. must be offered at least the prevailing wage that is paid in the same city for that type of job or the actual wage paid to co-workers by the employer)
You must qualify for the job you have been offered with the correct background.
You must be performing services in a specialty occupation with a college degree or its equivalent in work experience unless you are a known fashion model.
You must not have been convicted of any criminal immigration offense.
You must not be subject to any deportation proceeding.
Considerations: When you qualify for a Temporary Specialty Worker Visa, your spouse and unmarried children under age 21 can obtain visas simply by providing proof of their family relationship to you. Your family members can stay in the U.S. legally.
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Temporary worker visa categories
|Visa category||General description – About an individual in this category:|
|H-1B: Person in Specialty Occupation||To work in a specialty occupation. Requires a higher education degree or its equivalent. Includes fashion models of distinguished merit and ability and government-to-government research and development, or co-production projects administered by the Department of Defense.|
|H-1B1: Free Trade Agreement (FTA) Professional – Chile, Singapore||To work in a specialty occupation. Requires a post-secondary degree involving at least four years of study in the field of specialization. (Note: This is not a petition-based visa. For application procedures, please refer to the website for the U.S. Embassy in Chile or the U.S. Embassy in Singapore.)|
|H-2A: Temporary Agricultural Worker||For temporary or seasonal agricultural work. Limited to citizens or nationals of designated countries, with limited exceptions, if determined to be in the United States interest.|
|H-2B: Temporary Non-agricultural Worker||For temporary or seasonal non- agricultural work. Limited to citizens or nationals of designated countries, with limited exceptions, if determined to be in the United States interest.|
|H-3: Trainee or Special Education visitor||To receive training, other than graduate medical or academic, that is not available in the trainee’s home country or practical training programs in the education of children with mental, physical, or emotional disabilities.|
|L: Intracompany Transferee||To work at a branch, parent, affiliate, or subsidiary of the current employer in a managerial or executive capacity, or in a position requiring specialized knowledge. Individual must have been employed by the same employer abroad continuously for 1 year within the three preceding years.|
|O: Individual with Extraordinary Ability or Achievement||For persons with extraordinary ability or achievement in the sciences, arts, education, business, athletics, or extraordinary recognized achievements in the motion picture and television fields, demonstrated by sustained national or international acclaim, to work in their field of expertise. Includes persons providing essential services in support of the above individual.|
|P-1: Individual or Team Athlete, or Member of an Entertainment Group||To perform at a specific athletic competition as an athlete or as a member of an entertainment group. Requires an internationally recognized level of sustained performance. Includes persons providing essential services in support of the above individual.|
|P-2: Artist or Entertainer (Individual or Group)||For performance under a reciprocal exchange program between an organization in the United States and an organization in another country. Includes persons providing essential services in support of the above individual.|
|P-3: Artist or Entertainer (Individual or Group)||To perform, teach or coach under a program that is culturally unique or a traditional ethnic, folk, cultural, musical, theatrical, or artistic performance or presentation. Includes persons providing essential services in support of the above individual.|
|Q-1: Participant in an International Cultural Exchange Program||For practical training and employment and for sharing of the history, culture, and traditions of your home country through participation in an international cultural exchange program.|
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