Saturday, April 18, 2015

Working in United States- Temporary workers

Temporary (Nonimmigrant) Workers

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, see the specific classification links under "Temporary Workers" to the left.

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.
Spouses and children requesting a change of status or extension of stay in a dependent nonimmigrant classification must file Form I-539, Application to Extend/Change Nonimmigrant Status.  Please see the Form I-539 instructions for further information on filing procedures for this application.

Federal U.S. Tax Information

Aliens employed in the U.S. may have a U.S. Tax obligation. See the Internal Revenue Service (IRS) for more information.

Taxation of Non Resident Aliens

Temporary (Nonimmigrant) Worker Classification

Nonimmigrant Classification for a Temporary Worker

 Description

Nonimmigrant Classification for Dependant Spouses and Children of a Temporary Worker

CW-1CNMI-Only transitional workerCW-2

  E-1

 Treaty traders and qualified employees.

  E-13

  E-2

 Treaty investors and qualified employees.

  E-23

  E-2C

 Long-term foreign investors in the CNMI

  E-2C

  E-3

 Certain "specialty occupation" professionals from Australia.

  E-33

    H-1B

 Workers in a specialty 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.

  H-4

  H-1C2

 Registered nurses working in a health professional shortage area as determined by the U.S. Department of Labor.

  H-4

  H-2A

 Temporary or seasonal agricultural workers.

  H-4

  H-2B

 Temporary non-agricultural workers.

  H-4

  H-3

 Trainees other than medical or academic. This classification also applies to practical training in the education of handicapped children.

  H-4

  I

 Representatives of foreign press, radio, film or other foreign information media.

  I



  L-1A

 Intracompany transferees in managerial or executive positions.

  L-23

  L-1B

 Intracompany transferees in positions utilizing specialized knowledge.

  L-23

  O-1

 Persons with extraordinary ability in sciences, arts, education, business, or athletics and motion picture or TV production.

  O-3

  O-2

 Persons accompanying solely to assist an O-1 nonimmigrant.

  O-3

  P-1A

  Internationally recognized athletes.

  P-4

  P-1B

 Internationally recognized entertainers or members of internationally recognized entertainment groups.

  P-4

P-2

  Individual performer or part of a group entering to perform under a reciprocal exchange program.

 P-4

  P-3

 Artists or entertainers, either an individual or group, to perform, teach, or coach under a program that is culturally unique.

   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.

  Not Applicable4



  R-1

 Religious workers.

   R-2

  TN

 North American Free Trade Agreement (NAFTA) temporary professionals from Mexico and Canada.

  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 expired 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.


Study and employment in USA

Students and Employment

If you would like to study as a full-time student in the United States, you will need a student visa. There are two nonimmigrant visa categories for persons wishing to study in the United States. These visas are commonly known as the F and M visas.

You may enter in the F-1 or M-1 visa category provided you meet the following criteria:

You must be enrolled in an "academic" educational program, a language-training program, or a vocational programYour school must be approved by the Student and Exchange Visitors Program, Immigration & Customs EnforcementYou must be enrolled as a full-time student at the institutionYou must be proficient in English or be enrolled in courses leading to English proficiencyYou must have sufficient funds available for self-support during the entire proposed course of studyYou must maintain a residence abroad which he/she has no intention of giving up.F-1 Student Visa

The F-1 Visa (Academic Student) allows you to enter the United States as a full-time student at an accredited college, university, seminary, conservatory, academic high school, elementary school, or other academic institution or in a language training program. You must be enrolled in a program or course of study that culminates in a degree, diploma, or certificate and your school must be authorized by the U.S. government to accept international students.

M-1 Student Visa

The M-1 visa (Vocational Student) category includes students in vocational or other nonacademic programs, other than language training.

Employment

F-1 students may not work off-campus during the first academic year, but may accept on-campus employment subject to certain conditions and restrictions. There are various programs available for F-1 students to seek off-campus employment, after the first academic year. F-1 students may engage in three types of off-campus employment, after they have been studying for one academic year. These three types of employment are:

Curricular Practical Training (CPT)Optional Practical Training (OPT) (pre-completion or post-completion)Science, Technology, Engineering, and Mathematics (STEM) Optional Practical Training Extension (OPT)

M-1 students may engage in practical training only after they have completed their studies.

For both F-1 and M-1 students any off-campus employment must be related to their area of study and must be authorized prior to starting any work by the Designated School Official (the person authorized to maintain the Student and Exchange Visitor Information System (SEVIS)) and USCIS.

For more information on the Student and Exchange Visitors Program, see the “Student & Exchange Visitor Program, Immigration & Customs Enforcement” link to the right.