Temporary Employment Visas

U.S. immigration law provides a special class of nonimmigrant visas, the O-1 visa, for persons who demonstrate extraordinary ability by sustained national or international acclaim, or, for those who have a record of extraordinary achievement in the motion picture and television industry, and are coming to the U.S. to temporarily continue work in that area of extraordinary ability.
The O-1A visa for those of extraordinary ability in the fields of science, education, business or athletics means a level of expertise indicating that you are one of the small percentage of those who have risen to the very top of the field.
Thus, an O-1A applicant must prove that s/he is among the top of his/her field of endeavor by receiving a major, internationally recognized award (i.e., Nobel Peace Prize, Olympic Medal, etc.), OR, alternatively can demonstrate that s/he meets at least three of the following criteria:

• Awards: Receipt of lesser nationally or internationally recognized awards for excellence in the applicant’s named field of endeavor.
• Memberships: Membership in groups or associations that require outstanding achievement or renown for admission or inclusion to the organization/association.
• Published Articles About Applicant’s Work: Published material in professional or major media about the applicant’s work in the field of endeavor.
• Peer Review Activities: Applicant has participated as a judge (individually or as a part of a panel) of the work of others in the field of endeavor.
• Original Contributions of Significance: Provide evidence of the applicant’s original scientific, scholarly, or business-related contributions in the field of endeavor.
• Published Articles by Applicant: Evidence of the applicant’s authorship of scholarly articles in the field of endeavor.
• Leading or Critical Capacity Role: Evidence that the applicant has served or performed in a leading or critical capacity for organizations or institutions of distinguished reputation.
• High Remuneration: Evidence that the applicant has commanded a high salary or remuneration package that is significantly more than others in the field of endeavor.

• Leading Role: Evidence that the applicant has performed a lead or starring role in productions or events that have lauded a distinguished reputation. This can be presented in the form of critical reviews, publications, press releases, etc.
• Critical Reviews: Published material or critical reviews in professional or major trade publications or major media about applicant’s work.
• Leading or Starring Role: Evidence that the applicant has performed in a leading or starring role.
• Major Commercial Success: Provide evidence of major commercial or critically acclaimed successes in the performing arts, as evidenced by box office receipts or music sales.
• Significant Recognition: Evidence of significant recognition for achievements and accolades from organizations or recognized experts in the field.
• Comparatively High Salary: Evidence that the applicant has commanded a high salary or remuneration package that is significantly more than others.

• The physician has received nationally or internationally recognized prizes or awards for excellence in his area of expertise;
• The physician belongs to professional associations requiring outstanding achievements of their members, as judged by recognized national or international experts;
• The physician has been the subject of articles in major media or trade publications relating to his work;
• The physician has participated on a panel or as a judge of the work of others in his area of practice;
• The physician has made original scientific or scholarly contributions of major significance;
• The physician has written scholarly articles that have been published in professional journals or other major media;
• The physician has worked in a critical capacity for an organization with a distinguished reputation in the field of medicine; or
• The physician has commanded a high salary or other compensation.

The TN visa classification is for certain Canadian and Mexican professionals. It was originally created as part of USMCA (formerly NAFTA*) and provides for the temporary entry of these professionals to work in a specific set of professional occupations.
Canadians and Mexicans may be eligible to work in the United States as USMCA professionals under the following conditions:

• Applicant is a citizen of Canada or Mexico;
• Profession is on the NAFTA list;
• Employer seeks to fill a position in the United States requires a TN professional;
• Applicant will work in a prearranged full-time or part-time job for an employer. Self-employment is not permitted.
• Applicant has the qualifications, meeting the specific requirements, education, and/or experience, of the profession.

The E-3 classification applies only to nationals of Australia. Australians must be coming to the United States solely to perform services in a specialty occupation for a U.S. employer to qualify for this visa. The “specialty occupation” requires theoretical and practical application of a body of knowledge in professional fields and at least the attainment of a bachelor's degree, or its equivalent, as a minimum for entry into the occupation in the United States.
Requirements to qualify for an E-3 visa:

• National of Australia
• Have a legitimate offer of employment in the United States
• Possess the necessary academic or other qualifying credentials
• Will fill a position that qualifies as a specialty occupation

The H-2B program allows U.S. employers or U.S. agents who meet specific regulatory requirements to bring foreign nationals to the United States to fill temporary nonagricultural jobs. A U.S. employer, or U.S. agent must file an H-2B application with the U.S. Citizenship and Immigration Services (USCIS) after obtaining a Labor Certification from the department of Labor (DOL).
There is a numerical limit, or "CAP," on the total number of H-2B visas that can be granted during a fiscal year (October 1 to Sept 30). Currently, Congress has set the H-2B cap at 66,000 per fiscal year, with 33,000 for workers who begin employment in the first half of the fiscal year (October 1 - March 31) and 33,000 for workers who begin employment in the second half of the fiscal year (April 1 - September 30). Any unused numbers from the first half of the fiscal year will be available for employers seeking to hire H-2B workers during the second half of the fiscal year. However, unused H-2B numbers from one fiscal year do not carry over into the next.
Once the H-2B cap is reached, USCIS may only accept petitions for H-2B workers who are exempt from the H-2B cap. Generally, workers in the United States in H-2B status who extend their stay, change employers, or change the terms and conditions of employment will not be subject to the cap. Similarly, H-2B workers who have previously been counted against the cap in the same fiscal year that the proposed employment begins will not be subject to the cap if the employer names them on the petition and indicates that they have already been counted. Additionally, petitions for the following types of workers are exempt from the H-2B cap:

• Fish roe processors, fish roe technicians, or supervisors of fish roe processing;
• Workers performing labor or services in the Commonwealth of Northern Mariana Islands or Guam until Dec. 31, 2029.
• Who Qualifies for H-2B Classification?
• To qualify for H-2B nonimmigrant classification, a petitioning employer must establish that:
• There are not enough U.S. workers who are able, willing, qualified, and available to do the temporary work.
• Employing H-2B workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.
• Its need for the prospective worker’s services or labor is temporary, regardless of whether the underlying job can be described as temporary. The employer’s need is considered temporary if it is a(n):
  • One-time occurrence – A petitioner claiming a one-time occurrence must show that it has:
    • An employment situation that is otherwise permanent, but a temporary event of short duration has created the need for a temporary worker.
    • Not employed workers to perform the service or labor in the past, and will not need workers to perform the services or labor in the future;
    • OR
  • Seasonal need – A petitioner claiming a seasonal need must show that the service or labor for which it seeks workers is:
  • Traditionally tied to a season of the year by an event or pattern; and
  • Of a recurring nature.
  • Note: You cannot claim a seasonal need if the time period when you do NOT need the service or labor is:
  • Unpredictable;
  • Subject to change; or
  • Considered a vacation period for your permanent employees.
  • OR
• Peak load need – A petitioner claiming a peak load need must show that it:
  • Regularly employs permanent workers to perform the services or labor at the place of employment;
  • Needs to temporarily supplement its permanent staff at the place of employment due to a seasonal or short-term demand; and
  • The temporary additions to staff will not become part of the employer's regular operation.
  • OR
• Intermittent need – A petitioner claiming an intermittent need must show that it:
  • Has not employed permanent or full-time workers to perform the services or labor; and
  • Occasionally or intermittently needs temporary workers to perform services or labor for short periods.